ITB FNW 25 26 04_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FNW 25 26 04

Title: DISTRIBUTION OF USDA FOODS FOR THE

NATIONAL SCHOOL LUNCH PROGRAM – SERVICE AREA

1, REGION 1

Britne’ Hill, Procurement Officer

407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, FL 32399-0800

Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

BID NUMBER: ITB FNW 25 26 06

SECTION 1.0 Introductory Section

1.1. Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for the distribution of United States Department of Agriculture (USDA) foods to Recipient Agencies (RA) in Service Area 1, Region 1. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Contractual Services Agreement are conducted pursuant and subject to Chapter 287, Florida Statutes (F.S.), and Rule 60A-1, Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP) at https://vendor.myfloridamarketplace.com/search/bids. The Department will utilize the VIP as the centralized procurement website for electronic posting of agency solicitations, decisions and intended decisions in accordance with Rule 60A-1.021, F.A.C.

The Department intends to make a single award; however, the Department reserves the right to award to multiple bidders, or to make no award, as determined to be in the best interest of the State.

1.2. Timeline

The table below contains the timeline of events for this solicitation. The dates and times within the Timeline are subject to change. Modifications by the Department will be issued by written addenda. It is the responsibility of the Vendor to check for any changes on the VIP. All required actions must be completed by the date and time indicated on the Timeline. All times listed are Eastern Time (ET).

EVENT DATE/TIME LOCATION

Release of ITB May 28, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Last day for written Inquiries to be received by the Department

June 10, 2025 5:00pm

Florida Department of Agriculture and Consumer Services

Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries June 12, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Sealed Bids Due June 27, 2025 5:00pm

Florida Department of Agriculture and Consumer Services

407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Bids

June 30, 2025 10:00am

Teleconference Number: (888) 585 – 9008 Conference Room Number: 407 639 217

Anticipated Posting of Recommended Award July 3, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2Fsearch%2Fbids&data=05%7C02%7CStephanie.Bergozza%40fdacs.gov%7C13c80e95b856491e7f2308dd93c884a4%7C62557d98bd114a888a7b57bc3df0190b%7C0%7C0%7C638829211615237652%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=018Yg3B7hmyAtwQhXxJ8%2BjXCf6ybfzHxXN7gG7IOtsU%3D&reserved=0 mailto:Bids@FDACS.gov

1.3. Public Opening

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, then # and follow prompts.

1.4. Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact the Procurement Officer at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at (800) 955-8771 (TDD) or visit https://www.ftri.org/relay for assistance.

1.5. Mandatory Requirements

The Department has established certain requirements with respect to bids to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response does not substantially comply with the ITB requirements, provides an advantage to one vendor over other vendors, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a bid.

1.6. Conflicts and Order(s) of Precedence

All bids are subject to the terms of the following provisions of this ITB, which are hereby incorporated by reference, and in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance.

2) ITB, including attachments and appendices.

3) PUR 1001, General Instructions to Respondents; and

4) PUR 1000, General Contract Conditions.

SECTION 2.0 Technical Specifications

2.1. Background

The United States Department of Agriculture (USDA) provides two (2) types of assistance to the schools participating in the National School Lunch Program (NSLP): cash reimbursement for meals served and USDA Foods. Participating schools rely on this aid to operate school meal programs. All schools participating in the NSLP are eligible to receive USDA Foods. NSLP participants that opt to participate in the USDA Foods program may receive approximately 15% - 20% additional support in the form of USDA Foods that can be used in the preparation of student meals. The value received in USDA Foods is based on the number of meals served during the previous school year.

https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf

2.2. Scope of Work

Federal legislation has authorized the State of Florida to provide for the storage and distribution of the USDA Foods to Recipient Agencies (RA) participating in the USDA Foods for Schools Program. FDACS’ Bureau of Supplemental Food Programs (BSFP) administers this program.

Contractor will provide for the delivery of USDA Foods to RAs in Service Area 1, Region 1 (APPENDIX I, WAREHOUSE SERVICE AREAS AND REGIONS). Contractor will receive orders from RA or outbound shipments at least (5) working days prior to the scheduled delivery dates.

Orders will designate sales order or delivery order number or the number of cases of items to be delivered to RA locations. Contractor shall furnish all labor, equipment and materials necessary to successfully provide the services in accordance with the specifications listed herein. The contractor shall submit invoices to the RA monthly or at other intervals or mutually agreed upon dates. Payment to the contractor to perform the services outlined shall be on a fixed price per case for dry items, special dry items, frozen, and chilled items basis.

2.3. Contract Term

It is anticipated that the Contractual Services Agreement will be effective upon execution approximately July 1, 2025, and shall end June 30, 2026. If awarded the distribution and delivery Contractual Services Agreement, delivery services to the RA would begin immediately as required in Section 7 CFR 250.12(f)(7).

2.4. Technical Requirements

Contractor shall register on the appropriate USDA electronic ordering and reporting system, Web Based Supply Chain Management (WBSCM) system or other designated systems, prior to the effective date of this Contract. WBSCM users, including all warehouses and distributors, must have at least a Level 1 USDA eAuthentication ID and password to access the system. The eAuthentication information for customers and vendors is available on-line by accessing https://www.eauth.usda.gov/eauth/b/usda/registration.Users must obtain their own eAuthentication in order to access the system. The WBSCM Help Desk may be reached at WBSCM.servicedesk@caci.com.

Note: Vendor must possess a current food permit from FDACS, Division of Food Safety, or equivalent government agency if located outside of Florida, and be in good standing at the time of bid submission.

AWARDED CONTRACTOR SHALL MANAGE THE DISTRIBUTION OF USDA NSLP CASE

GOODS PURSUANT TO THE FOLLOWING:

2.5. Inbound Freight

1) METHOD OF ARRIVAL - Contractor must be able to accept truck deliveries.

2) PREPAID SHIPMENTS - All USDA food shipped into a Contractor's warehouse will be prepaid, i.e., product and freight. Information on anticipated shipments will be available to the Contractor from the Web Based Supply Chain Management system (WBSCM) provided for the USDA Food program. Truckers are responsible for prearranging unloading appointments directly with Contractor.

Note: USDA does not allow charging of lumper fees.

https://www.eauth.usda.gov/eauth/b/usda/registration mailto:WBSCM.servicedesk@caci.com

3) NOTICE AND HANDLING OF INCOMING SHIPMENTS - The Contractor shall use WBSCM designated by the BSFP to locate the warehouse delivery document or notice of arrival information and to determine allocations. Frequency and volume of incoming shipments will vary. Contractor shall receive all items ordered by BSFP (APPENDIX II, PROJECTED TYPES

OF USDA FOODS TO BE DISTRIBUTED TO RECIPIENT AGENCIES IN FLORIDA -

EXAMPLE) through inbound freight in accordance with acceptable industry practices. Food items may be floor loaded, palletized or slip sheeted. The following shall be provided by the awarded Contractor and included in the fixed unit case price at no additional cost to the RA or Department:

• Sufficient warehouse space to absorb all inbound freight at abnormal peak. This can vary depending on the amount of USDA Foods available at any one time (APPENDIX III:

ESTIMATED NUMBER OF CASES OF USDA FOODS ANTICIPATED FOR STORAGE

OR DELIVERY IN 2025-2026).

• Notice of receipt of USDA Foods from USDA, or its designated vendors, within 24-hours of receipt of a shipment, utilizing WBSCM established for that purpose (APPENDIX IV, REQUISITION STATUS REPORT – WEB BASED SUPPLY CHAIN MANAGEMENT

(WBSCM) – EXAMPLE).

• Inspection of loads for condition on arrival and verification of accuracy of count.

Immediate notification to BSFP of any problems with condition or quantity. Overage, shortage or damaged USDA Foods shall be reported within two (2) business days after arrival of a shipment, using the system designated by USDA for that purpose.

• Within five (5) business days, allocate the USDA Foods received to the appropriate programs as indicated on the designated electronic system, or in its absence, as instructed by BSFP.

• Cleaning and repackaging, as required, any damaged merchandise so that all foods suitable for human consumption are salvaged for program use.

• Payment for all freight demurrage and detention charges that occur, unless specifically exempted by USDA or BSFP.

• Bracing or leveling stop-off shipments for further movement.

Contractor shall be liable for claims levied by USDA against Contractor or FDACS as a result of the Contractor's failure to properly secure, handle or account for shipments.

4) PROCESSED USDA FOODS – In addition to the USDA products delivered directly into a

Contractor’s facility, some RA may also participate in a state processing program. This program allows RA to ship bulk products to a manufacturer for conversion into various end products. RA may wish to have these products handled by the same provider as the commercial distributor for USDA Foods.

5) METHOD OF ARRIVAL – Contractor must have facilities to be able to accept truck deliveries.

Details regarding the services for the receipt, storage and delivery of these products should be negotiated between the successful proposer and the individual RA.

2.6. Warehouse/Storage

1) STORAGE FACILITIES – Storage conditions must be consistent with the standards recommended by the Refrigeration Research Foundation, currently licensed by the appropriate licensing authority and in good and sanitary conditions as required in Section 7 CFR 250.12(f)(1). The Contractor must have adequate warehouse facilities for the following:

• Dry items (regular) – Ambient temperature in well-ventilated space, recommended less than 80° F. This applies to all canned USDA Foods.

• Dry items (special) – 50° to 70° F at 50% humidity or less. This includes all beans, pasta, grains, powdered milk, powdered eggs, etc.

• Refrigerated items – 35° to 41° F.

• Frozen Foods – 0° to -10° F.

AWARDED CONTRACTOR WILL BE REQUIRED TO CHECK AND RECORD STORAGE

TEMPERATURES DAILY, 7 DAYS A WEEK, 365 DAYS A YEAR. This action can serve as verification that precautions were taken to prevent food loss. Temperature logs shall be retained for five (5) years after the end of the fiscal year to which they pertain.

A LIST OF USDA FOODS AND THEIR STORAGE REQUIREMENTS ARE AVAILABLE UPON

REQUEST TO THE AWARDED CONTRACTOR.

2) STOCK ROTATION – All stock shall be rotated on a First In, First Out (FIFO) basis by pack date within a sales order, or when applicable, delivery order number, in accordance with acceptable warehousing practices. Contractor must provide evidence of stock rotation upon request. If pack date is not available, the received date must be used.

3) SANITATION – Contractor shall provide FDACS, Division of Food Safety access to its warehouses for inspection. If the Contractor is located in another state, the warehouse shall be inspected by the comparable state agency. Warehouse facilities and warehousing practices must be continuously in compliance with the United States Food, Drug and Cosmetic Act and applicable Florida Statutes.

4) WAREHOUSE STORAGE LOCATION – To the greatest extent possible, the Contractor must store like products together while maintaining separation of sales order, or when applicable, delivery order.

5) IDENTIFICATION OF USDA FOOD – Contractor shall store USDA Foods received pursuant to the resulting Contractual Services Agreement separately from other non-USDA Foods and clearly identify all USDA Foods as such (Section 7 CFR 250.12(f)(3).

NOTE: If the Contractor stores USDA Foods, or products containing USDA Foods, pursuant to contract(s) with other entities, (i.e., RA), those USDA Foods must be stored separately from the USDA Foods covered by the resulting Contractual Services Agreement and their owner clearly identified.

2.7. Sales (Delivery) Order Numbers

Each individual shipment received into a Contractor's warehouse is assigned a sales order, or when applicable, delivery order or equivalent number and each unit of a shipment is assigned to that particular number. USDA foods should be stored and shipped by their sales order or, when applicable, delivery order number. This is especially important in the event of USDA foods being put on "hold" or having to be recalled. Sales order or delivery order numbers or their equivalent will NOT be changed by the Contractor.

2.8. Transportation

Contractor must own or lease adequate delivery vehicles as follows:

• Van trucks for delivery of dry groceries and refrigerated trucks for delivery of refrigerated items; or

• Dual compartment trucks for combination deliveries of dry groceries and refrigerated items; or

• Single compartment frozen food trucks (00 F) for separate or integrated deliveries of dry groceries and frozen items; or

• Delivery vehicles to accommodate unloading at small distribution sites should be available.

Contractor shall possess sufficient delivery vehicles to assure distribution on dates and times scheduled and shall, if necessary, acquire additional vehicles on a temporary or permanent basis as required to meet scheduled delivery times.

Contractor must obtain and maintain copies of truck drivers’ current (CDL) driver licenses readily available upon request. Contractor shall be responsible for compliance with the Jessica Lunsford Act, as codified in Section 1012.465, F.S.

2.9. Outbound Deliveries

1) PRIOR NOTIFICATION – Contractor will receive orders from RA for outbound shipments at least five (5) working days prior to scheduled delivery dates as required in Section 7 CFR

250.12 (f)(4). Orders will designate sales order or delivery order number and number of cases of items to be delivered to RA locations.

2) DELIVERY SCHEDULES – Frequency of deliveries shall be at the option of the RA for the delivery of USDA Foods.

Delivery schedules shall be submitted by the RA to the Contractor within 30 days after award of the contract, and the Contractor must adhere to such schedule. Changes will be made only upon consent of RA in the case of a temporary change or by submission of another delivery schedule by the RA in the case of a permanent change.

Contractor shall deliver USDA Food to one site per program. Should a RA require delivery to more than one delivery site, the RA must submit the request to the Contractor during the 30 days immediately following the RA receiving notification of the awarding of the Contractual Services Agreement or, if a new RA, within 30 days of the Department executing an agreement with the RA. The dual or multiple deliveries MUST be agreeable to the Contractual Services Agreement and will be payable at the separate applicable rates. For sites located in other Service Areas, the applicable rate will be the rate for the Service Area where the delivery site is located.

3) HOURS OF SERVICE - Deliveries shall be made no earlier than 7 a.m. and no later than 3 p.m. Although these are the hours that the Contractor must deliver, the delivery schedule must be acceptable to the RAs. Deliveries shall be made Mondays through Fridays, except RA’s holidays or other times when RA are closed, such as for inclement weather.

In the event a scheduled delivery must be cancelled, the RA and BSFP shall be notified no less than 24 hours prior to the scheduled delivery time.

Deliveries missed due to holidays, inclement weather, breakdowns, etc., shall be rescheduled before the next scheduled delivery. RA shall provide a schedule of holidays to the Contractor within 30 days after award of the contract.

4) PLACEMENT OF USDA FOODS – Drivers and/or helpers shall deliver merchandise into designated receiving areas. Drivers or helpers shall not be required to stow merchandise on shelves or in freezers or refrigerators. However, drivers and/or helpers should cooperate with delivery sites in placing orders where desired.

Drivers and helpers shall request authorized delivery site receiver or the designated representative to verify accuracy of items, quantities of each item, total quantities and condition of merchandise. A designated delivery site receiver must sign each delivery ticket.

The Contractor MUST make sure that the correct USDA Foods are delivered per the RA’s order request (always double check USDA Foods and pack size).

Variations from the norm, i.e., shortages, damages, etc., will be noted on each ticket by the designated delivery site receiver and Contractor’s driver. A copy of each delivery ticket shall be left at the delivery site.

The RA retains the right to refuse delivery of any USDA Food not specified on the delivery order or out of condition. Contractor shall make no charges in this instance.

5) MIXED LOADS – Contractor may deliver USDA foods in straight loads containing USDA foods only, or in mixed loads with commercially purchased foods, as long as other items of the Contractual Services Agreement are satisfied. Foods may not be stored or delivered with chemicals or other products that may be harmful to the quality or safety of the foods.

6) SPECIAL DELIVERIES – Special or intermediate deliveries will be required only if the

Contractor fails to deliver a product in stock; in which case, Contractor shall make delivery within 24 hours, if requested by the RA, at no additional cost to the RA.

7) AGENCY PICK-UPS – Some RAs may choose to pick-up food directly from the Contractor’s warehouse. The price quoted for direct pick-ups will apply to these RAs. No additional charges may be added or charged to RAs choosing this option.

8) LUMP SUM DELIVERIES – Some RAs may choose to receive lump sum deliveries of products. Lump sum delivery is defined as a full allocation of a product, 25% of a USDA truckload delivered to one location. A RA selecting this option shall be required to notify the distributor.

2.10. Reports/Inventory

1) CONSIGNEE'S REPORT – Contractor shall complete consignee's report on the WBSCM system, or other designated system, for each incoming shipment within 24-hours of receipt of the shipment.

2) OVER, SHORT, AND DAMAGE REPORTS – When discrepancies occur in quantities, or damage is involved, Contractor shall report any instances of over, short or damaged USDA Foods within two (2) days using the electronic system established by USDA for that purpose.

3) INVENTORY CONTROL – Inventory reports for each program shall be submitted to BSFP monthly, no later than three (3) working days following the month being reported. These reports shall be forwarded to the Contract Manager or his/her designee.

Inventory reports shall convey the following, item by item and by RA:

• Quantity on hand at beginning of monthly period.

• Receipts during month and date of receipt for each shipment.

• The expiration date or ‘best if used by’ date as noted on the exterior packaging or product for each shipment. If shipment contains product with varying expiration or ‘best if used by’ dates, use the date closest to the date of receipt of the shipment.

• Deliveries during the month for each program. Only receipted deliveries shall be considered as delivered. All other merchandise shall be considered in inventory.

• Quantity on hand at end of monthly period by item and sales order or delivery order number.

• Number of days product has been in inventory at the warehouse.

Inventory reports shall show the appropriate USDA identification number and description, sales order or delivery order number or equivalent, quantity and receiving date. The receiving date shall be the date that the Contractor receives the product.

In addition to the above mentioned, Contractor shall furnish to the BSFP on a monthly basis a full inventory, by USDA Food material number and name, of all the USDA Food in storage.

Separate inventories shall be provided for each of the USDA Food programs, i.e., school foods, NSLP, etc. Contractor must have access to the internet and e-mail. If possible, Contractor has or will have the capability of providing a web site enabling RAs to access their accounts for ordering and inventory purposes electronically. If the awarded Contractor does not have the ability to provide a web site, the contractor must provide an alternative method (i.e. inventory list, excel spreadsheet, etc.) to the RA which meets the ordering and inventory requirements specified in this ITB. This alternative method must be mutually agreed upon by the Contractor and the Department.

4) RA INVENTORY – Inventory reports shall be submitted monthly to RA. Inventory reports shall include, at a minimum, the following for every USDA Food item.

• Quantity on hand at beginning of monthly period.

• Receipts during month.

• Quantity on hand at the end of the monthly period by item and sales order or delivery order number.

• Number of days’ product has been in inventory at the warehouse.

5) LOSS CONTROL – All losses must be reported monthly to the BSFP using the Commodity Loss Report – State Contracted Warehouses (APPENDIX V, USDA FOODS LOSS REPORT STATE CONTRACTED WAREHOUSES) form. Examples of reasons for losses that must be reported include, but are not limited to, damages, infestation/mold or over shipment. An inventory report listing the remaining quantities of each USDA Food and the RA with an allotted balance of each USDA Food shall accompany the monthly loss report so that BSFP can adjust RA inventories for losses.

2.11. Overages and Shortages/Losses

The Contractor shall be financially responsible for shortages, losses and damages to products or packages that make them unacceptable to the RA. Food can be lost through theft, physical damage to the product/container, serious rust, spoilage, infestation of product due to improper storage conditions, etc. All losses and damages must be reported monthly to the BSFP using the Commodity Loss Report – State Contracted Warehouses (APPENDIX V, USDA FOODS LOSS REPORT STATE CONTRACTED WAREHOUSES) form.

In addition to conducting an annual physical inventory of the storage facilities, BSFP shall conduct regular monitoring visits and tracking of USDA Foods at the Contractor’s facility during the year. When the required physical inventory is completed, the book inventory must be reconciled to the physical inventory. Any discrepancies between physical inventory and book inventory shall be noted and reconciled. Reconciliation of book inventory to physical inventory shall be conducted pursuant to USDA regulations, policies, and instructions. Food items that have been lost, stolen, damaged or found to be out of condition for the period since the last review, shall be identified, recorded and included in the reconciliation.

The value of all shortages must be determined and summed across all USDA Foods. The sum of all shortages is the value of the loss identified as a result of the physical inventory. Similarly, the sum of all overages must be determined and summed across all USDA Foods. The value of USDA Food overages and shortages shall be determined based on the current USDA Commodity File List. If the total value of shortages exceeds the value of overages by $100 or more, a monetary settlement for the difference in value shall be required. If the value of overages exceeds the value of shortages, no monetary settlement is required. Book inventory will be adjusted after settlement to correspond with the physical inventory.

Offsets are at the discretion of BSFP and must be approved by BSFP in advance. If the cause for a shortage can be determined, and if the loss results from theft, fraud or negligence, then the shortage may not be offset, and the loss must be reported as required in Section 7 CFR 250.16(a) and 7 CFR 250.16(b). Offsets shall be made on the basis of value and not weight.

Offsets shall occur as part of the comprehensive reconciliation performed at the time of the annual review and shall include all USDA Foods, entitlement and bonus.

In determining whether to approve a proposed offset, factors to be considered by the BSFP include, but are not limited to:

The total value of the proposed offsets:

• The percentage of the total USDA Foods involved in the proposed offsets.

• The desirability of the USDA Foods identified as overages, and the ability to distribute those

USDA Foods efficiently and without waste.

• The previous history of offsets at the storage facility.

• The investigation by the storage facility of the cause or causes for the discrepancies and the results of that investigation.

If Contractor still has a loss after all permitted offsets are made, BSFP shall determine which USDA Foods shall be identified as a loss for purposes of making a claim determination. The claim shall then be processed as provided in FNS Instruction 410-1.

Contractor shall be liable for all claims levied against him. Settlement shall be made in the form of cash payment.

2.12. Assurances

Contractor shall insure the contents of the warehouse where USDA Foods are stored, as well as the physical structure itself. Proof of insurance shall be submitted to BSFP annually with the Contractual Services Agreement renewal documents. See CONTRACTOR'S COMMERCIAL GENERAL LIABILITY INSURANCE for minimum insurance amounts.

1) Contractor shall comply with all applicable state and local fire safety, food storage/handling requirements and health codes as required in Section 7 CFR 250.12(f)(2).

2) Contractor shall have annual fire safety and health inspections conducted. A copy of all official inspection reports shall be filed with BSFP. The Contractor is responsible for any costs incurred for the required inspections.

3) In addition to all other applicable requirements, storage facilities shall be maintained in accordance with the standards specified in Section 7 CFR 250.12(f)(1).

4) USDA Foods shall be clearly identified and stored separately from non-USDA Foods and any other foods not covered by the resulting Contractual Services Agreement as required in Section 7 CFR 250.12(f)(3).

5) Contractor shall maintain an inventory system and an annual physical inventory shall be conducted and reconciled with inventory records.

2.13. Final Invoice

The Contractor must submit any final invoice for payment to BSFP not more than 45 days after the Contractual Services Agreement ends or is terminated. If the Contractor fails to do so, all rights to payment are forfeited, and FDACS will not honor any requests submitted after the aforesaid time period.

2.14. Emergencies/Disasters

In case of an emergency or disaster, FDACS may have to respond and provide assistance. This assistance may include providing USDA Food from the state-contracted warehouse. In emergencies, Contractor shall be available to respond to BSFP’s requests/orders 24-hours a day, 7 days a week, holidays included. To assist with this requirement, Contractor shall provide 24/7 emergency point of contact information to BSFP annually. This information shall include the names, business, home and cell phone numbers for the primary emergency contact person and two (2) back-ups.

In the event of an emergency or imminent disaster, BSFP may request a USDA Food inventory from the Contractor specifying whether the inventory should include solely school/institution food or TEFAP foods. Within four (4) hours, the Contractor shall provide the requested inventory of USDA Foods in storage with the foods listed alphabetical by name and appropriate USDA Food material number and indicating number of cases available.

During an emergency/disaster, Contractor shall give priority to processing and delivering BSFP food orders for shipment to state logistical staging areas, emergency feeding organizations and other similar facilities responding to the emergency/disaster. Contractor shall provide BSFP information on the shipping time, estimated time of arrival, etc. and notify BSFP immediately once the shipment is unloaded at its destination.

Contractor must be able to receive and store additional loads of USDA Foods or other items, if required, in response to the event.

2.15. Fuel Surcharge

To provide for fluctuations in fuel costs, fuel surcharge adjustments shall be allowed under this contract. The fuel surcharge shall be shown as a separate line item on the invoice and will be applicable only to the delivered cases. The fuel cost adjustment shall not apply to the Contractor’s bid pick-up price per case.

• Adjustment to the fuel surcharge shall be effective the first Monday of each month and shall be based on the prior’s month’s average.

• It shall be the Contractor’s responsibility to ensure that all fuel surcharges are applied according to established rates. The Contractor and FDACS shall use the Weekly Petroleum Status Report, accessed at the U.S. Department of Energy, Energy Information Administration web page, http://www.eia.doe.gov to determine monthly surcharges and for verification purposes. FDACS reserves the right to randomly verify the accuracy of monthly fuel surcharges based on the above-stated criteria.

• Notification to RA - Effective the first Monday of every month, the Contractor shall add a message to the RA invoice advising them of the fuel cost adjustment for the month, as follows:

“As authorized by the Contractual Services Agreement between the Contractor and the Florida Department of Agriculture and Consumer Services, this invoice reflects the fuel cost adjustment for the period of ______________(month/day/year) through ____________(month/day/year).”

• At the discretion of FDACS, if fuel surcharge overcharges are discovered on an invoice, the Contractor may be assessed a penalty of three (3) times the amount of the difference between the proper Contractual Services Agreement amount and the overcharged invoice rate.

2.16. Additional Requirements

2.16.1. Records and Reviews

The Contractor shall maintain records fully accounting for receipt and disposition of all USDA Foods. Such records must be maintained for five (5) years after termination of the Agreement and must be available for review at any reasonable time upon request by the USDA, the U.S. Comptroller General, State of Florida officials or their duly authorized designees.

http://www.eia.doe.gov/

Contractor agrees to allow inspection and inventory by FDACS, RA, the Comptroller General, the USDA or any of their duly authorized representatives. The Contractor's facilities, equipment, procedures and inventory of USDA Foods shall be subject to review and audits by state and federal authorities at any reasonable time and place. A full comprehensive review and physical inventory of all storage facilities shall be conducted annually by FDACS/BSFP as required by Section 7 CFR 250.12(f)(6) and 250.21(b). BSFP may also conduct monitoring visits and tracking of selected USDA Foods at least quarterly. Contractor shall not charge FDACS/BSFP for any costs related to the quarterly or annual review and physical inventory.

2.16.2. Additions or Deletions to the Service Areas

FDACS reserves the right to add and/or delete RA to this program during the term of the Contract. Contractor agrees to service any new RA within the contracted area that may be approved to receive USDA Foods.

2.16.3. Default

In case of failure to deliver goods or services in accordance with the Contractual Services Agreement terms and conditions, BSFP, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs.

2.16.4. Transfers Due to Cancellation or Termination of Contractual Services Agreement

Costs resulting from a transfer of product due to the cancellation or termination of the Contractual Services Agreement by the Contractor shall be the responsibility of the Contractor. Costs resulting from the transfer of product due to the termination of the Contractual Services Agreement by FDACS will be the responsibility of FDACS.

2.16.5. Transfers Due to Emergency

In case of an emergency (or disaster), the State of Florida reserves the right to transfer out USDA Foods by any carrier of the state’s choice and pay only the price quoted for storage.

2.16.6. Food and Nutrition Service (FNS) Requirement

The Contractor must comply with requirements of FNS Instructions 709-5 included with this document (APPENDIX VI, FNS INSTRUCTIONS 709-5 – SHIPMENT AND

RECEIPT OF FOODS).

2.16.7. Financial Statement

Upon request, the Contractor shall furnish FDACS/BSFP a copy of an audited financial statement and internal control review performed by an independent certified public accountant.

2.16.8. Waiver

No covenant, condition, duty, obligation or undertaking contained in or made a part of the Contractual Services Agreement will be waived except by written agreement of the Parties, and forbearance or indulgence in any other form or manner by either party in any regard whatsoever, shall not constitute a waiver of the covenant, condition, duty obligation or undertaking to be kept, performed or discharged by the party to which the same may apply; and until complete performance and satisfaction of all such covenants, conditions, duties, obligations and undertakings, other party shall have the right to invoke any remedy available under law or equity, notwithstanding any such forbearance or indulgence.

2.16.9. Contractual Services Agreement Variations

If any provisions of the Contractual Services Agreement (including items incorporated by reference) are declared or found to be illegal, unenforceable or void, then both FDACS/BSFP and the Contractor shall be relieved of all obligations arising under such provision. If the remainder of the Contractual Services Agreement is capable of performance, it shall not be affected by such declarations or finding and shall be fully performed.

2.16.10. Attorney’s Fees

In the event that FDACS deems it necessary or is required to take legal action to enforce any provision of the Contract, and if FDACS prevails, the Contractor agrees to pay all expenses of such action, including attorney's fees and costs at all stages of litigation as set by the court or hearing officer. Legal action shall include administrative proceedings.

In all cases, venue will be in Leon County, Florida.

2.16.11. Governing Laws

The State of Florida and federal laws, rules, and regulations shall govern this Contract.

2.16.12. Transfer of Food

At the termination of the Contract, the Contractor shall release all ending inventory as directed by FDACS/BSFP or reimburse FDACS/BSFP for the current value of the inventory. Costs resulting from a transfer of product due to the cancellation or termination of a Contractual Services Agreement by the Contractor shall be the responsibility of the Contractor. Costs resulting from the transfer of product due to the termination of the Contractual Services Agreement by the FDACS shall be the responsibility of FDACS.

2.16.13. Inventory Reporting

In lieu of providing hard copies of inventories, the state may request the inventory file be accessible electronically or furnished in electronic format. This file must be in Microsoft Excel format and contain specific information. The file may be transmitted either via e-mail or on a CD.

2.16.14. Pick-Up of Inventory

The newly awarded Contractor must coordinate with the current distribution Contractor to facilitate the pick-up and delivery of the remaining inventory of USDA Foods from the current Contractor, and transfer to the awarded Contractor’s facility.

2.16.15. Storage Costs

The Contractor may assess the fee for USDA Foods beginning on the day that BSFP receives written notification that a shipment has arrived at the Contractor’s facility. This shall be accomplished by the Contractor entering the receipt information on the USDA electronic system designated for this purpose within 24-hours after the USDA Food has been off-loaded at the warehouse.

THE CHARGE WILL BE INVOICED ON THE FIRST (1st) DAY FOR THE UPCOMING MONTH. Each invoice shall include the material number and description, sales order, quantity on hand, receipt date, and number of days’ product has been in inventory at warehouse. Invoice should be submitted within 60 days of the billing period. A report of the program’s current inventory must be enclosed with the invoice.

If USDA Foods are transferred or reallocated from one RA to another, the transfer or reallocation shall be completed within three (3) business days of the Contractor receiving the transfer or reallocation request. The RA transferring USDA Foods is responsible for storage charges until the date the transfer takes place (the RA receiving the USDA Foods receives a notice of allocation). At that point, the RA receiving the USDA Foods shall be responsible for storage charges.

2.16.16. Price Adjustments

If the option to extend the Contractual Services Agreement is exercised, the prices may be renegotiated with the new prices becoming effective on July 1st of the new contract year. The prices shall be subject to increases or decreases based on the United States Department of Labor Consumer Price Index. The United States Annual Average of the All-Item Group or category of the All Urban Consumers (CPI-U) Index will be used to determine price changes.

The maximum allowable percentage change in prices will be the same as the percentage change in the Annual Average Index. Prices changes will be rounded to the nearest whole cent using standard rounding procedures. No change in prices will be allowed if there is less than one percent change in the Annual Average Index. No price increase or decrease will become effective unless requested by the Contractor in the case of an increase, or by FDACS in the case of a decrease. Any such request shall be made in writing by April 1st each year to become effective July 1st. In the absence of a written notice from the Contractor to FDACS or from FDACS to the Contractor regarding a price change for the ensuing contract year, the price then in effect shall continue for the next contract year.

2.17. Compliance With 2 C.F.R. Part 200 Appendix II

Contractor agrees to comply with the following requirements:

1) The Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1311–1330, § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. § 1.1 et seq.).

2) Certification Regarding Lobbying pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. Part

3018).

3) Disclosure of Lobbying Activities pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. Part 3018).

4) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension (7 C.F.R. Part 3018). The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871).

5) Contract Work Hours and Safety Standards Act (29 C.F.R. Part 5).

6) Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 and Department of Labor Regulation (41 C.F.R. Chapter 60).

7) Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 C.F.R. Part 3).

8) Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

9) Procurement of Recovered Materials. (Stat. 200.322 Solid Waste Disposal Act).

2.18. Past Performance/References

The bid response must contain names, addresses, phone numbers and email contacts for three

(3) of the Respondent’s most recent completed projects from the last five (5) years similar in project size and scope as the work outlined in Section 2.2, Scope of Work, (See Attachment A - Past References/ References). References must be current or former clients of the responding firm. Confidential clients shall not be included. The Department will not accept subcontractor/proposed personnel or personal references of a member of the responding firm as a substitute for respondent references.

The Department reserves the right to contact each customer reference to verify the information provided and validate the performance/ workmanship of the vendor. If determined by the Department, references must be verifiable within three (3) business days of initial verification attempt by the Department, exclusive of weekends, state holidays or other closures.

It is the responsibility of the Contractor to ensure that all submitted references are verified. The Department will attempt to verify references once via telephone or email. Bids with one or more unverified references may be disqualified.

References that indicate any unsatisfactory Contractor work performance or workmanship may result in disqualification of the bid. Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the respondent's ability to perform services similar to those described in this bid in a satisfactory manner. Unsatisfactory past performance with the Department may result in rejection of bid.

SECTION 3.0 Invitation to Bid Process

3.1. Advertisement

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the Department’s Procurement Officer.

3.2. General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this ITB by reference. Vendors are not required to return this document with its bid.

Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001, unless the conflicting term/condition is required by any section of the Florida Statutes, in which case the term/condition required by Florida Statutes shall take precedence. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB as stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents, are not applicable.

3.3. Vendor Inquiries

The Procurement Officer, acting on behalf of the Department, is the sole point of contact for official meetings, questions, and all matters pertaining to this ITB from the date of the release of the ITB until the Department’s Notice of Agency Decision is published on the VIP.

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, as indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be published on the VIP on or about the date referenced in the Timeline.

Procurement Officer:

Britne’ Hill Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE ITB NUMBER IN

THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intent to award (72-hour period excludes Saturdays, Sundays, state holidays or other closures), vendors responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), F.S.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:Bids@FDACS.gov

3.4. Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this ITB the information will be published on the Vendor Information Portal as a written addendum. Any addenda issued in relation to this ITB shall thereby become part of the final bid specifications and requirements.

Interested vendors are responsible for monitoring this site for new, changing, or clarifying information relative to this ITB.

3.5. MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal (https://vendor.myfloridamarketplace.com/). Interested persons lacking internet access may request assistance from the MFMP Customer Service at

(866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this ITB:

• 78131800 - Specialized warehousing and storage

• 80161602 - Receiving or inventorying services

• 85151503 - Food preservation management or control services

• 93131600 - Food and nutrition policy planning and programs

• 93131602 - Emergency food supply services

• 93131604 - Food or agriculture organization services

• 93131607 - Food distribution services

• 93131608 - Food supply services

3.6. Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all vendors that conduct business with the State of Florida to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on the website once a registration has been completed. DFS may assist vendors with questions and can be reached at (850) 413-5519 or FLW9@myfloridacfo.com.

The awarded vendor must have a valid W-9 on file with the DFS prior to issuance of a purchase order or contract. This may be completed by the vendor post-award and is not something which the Department will consider in determining the responsiveness of a bid.

3.7. Cost of Bid Preparation

Neither the Department nor the State of Florida is liable for any costs incurred by a vendor in response to this ITB.

3.8. Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the vendor’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are discouraged. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that vendors follow the format and instructions provided below.

https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered…