k. Bid Document, Cheese Quesadilla, PA180737.docx

State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R05/2014)

Department of Administration Consolidated Agency Purchasing Services 101 E Wilson Street, 6th Floor Madison WI 53703 If using PO Box: P.O. Box 7867, 53707-7867

Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact the person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID #180737

THIS IS NOT AN ORDER

BIDDER (Name and Address) Bids MUST be in this office no later than

Name (Contact for further information)

Dan Wilson (dan.wilson@wisconsin.gov)

Quote Price and Delivery FOB

Destination, Prepaid & Allow

Item No.

Quantity and Unit

Per Unit

Total

REQUEST FOR BID

Bulk Food Processing – Bulk Cheese, Cheddar OR Bulk

Cheese, Mozzarella into:

Cheese Quesadillas

Wisconsin Department of Public Instruction

|_| We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

|_| We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

|_| We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-5462.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. |_| Yes |_| No |_| Unknown

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

This form can be made available in alternate formats to individuals with disabilities upon request.

PA180737 – Page 20

INSTRUCTIONS TO BIDDERS

You received this Request for Bid (RFB) because of the NIGP codes selected during your registration on the State of Wisconsin’s VendorNet system. If you received this RFB in any other way, please contact the purchasing agent identified in this RFB. You should also register to become a Bidder at: http://vendornet.State.wi.us. This RFB contains all necessary statutory language required by law. It is organized to help you determine if this is a business opportunity for your company. The RFB contains information regarding what the State intends to purchase, how pricing should appear and describes a clear process you shall follow in order to submit a response to the RFB.

1. Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase. Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.

2. Review Section 2.0 “Bidder Qualifications” section. This section will explain what a company needs in order to provide the Commodity or Service. This may include a specific license or certification, a history of providing this Commodity or Service in a similar environment to the State or for you to be in a prescribed geographical location. Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.

3. The details of the Commodity or Service will be found in Section 3.0, “Mandatory Required Specifications of Bid.” Read this section carefully and determine if your Product meets ALL requirements. RFB requirements are mandatory and therefore, if you can’t meet a requirement, it is likely that your Bid will be rejected unless no Bidder can meet an individual RFB requirement. Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.

4. Review Section 5.0, “Pricing Structure and Price Sheet Instructions.” This section explains how to submit Bid pricing (which is critical because the Bid pricing will determine what Bidder(s) will be allowed to enter into a Contract with the State).

5. The remaining sections of the RFB describe the process you shall follow and the way you must present your Bid to the State. It also describes the process the State will use to determine the winning Bidder. If you decide to Bid, be sure to review the “Bid Procedure and Instructions” section and the “Bid Acceptance and Award” section.

6. If you are still interested in competing for the State’s business, you should provide your best pricing, and complete all the required forms.

7. Please note, your Bid response must be complete and accurate. You must follow all instructions exactly as asked. DO NOT substitute your own materials in lieu of what is being asked in the RFB. DO NOT alter any of the forms or the price sheet. If you have questions, contact the Procurement Manager identified in the RFB.

8. Your RFB response must arrive at the proper location by or before the due date and time. Late Bids will be rejected.

Thank you for your interest in providing commodities and/or Services to the State. We wish you success with this and future procurement opportunities.

TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS AND ACRONYMS

For the purposes of this Request for Bid and resulting Contract, the following definitions of terms shall apply, unless otherwise indicated.

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin, Department of Administration, Consolidated Agency Purchasing Services (CAPS) on behalf of the Department of Public Instruction (DPI), request Bids for the processing of United States Department of Agriculture (USDA) Bulk Cheese, Mozzarella, LM PT Skim, unfrozen, USDA Foods Material ID Code #110244 (“bulk cheese”) OR Bulk Cheese, Cheddar Yellow Block, USDA Foods Material ID Code #110254 (“bulk cheese”) into Cheese Quesadillas and intends to use the results of this process to award a Contract. DPI does not guarantee it shall purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or Services be ordered shall be rejected. There shall be no guarantee to purchase any specific quantity, or pay any minimum Contract price during the term of the Contract.

The USDA provides the bulk cheese, which shall be processed into cheese quesadillas. The State of Wisconsin expects this Bid to result in procuring the best Product passing the student taste tests at the lowest Total Price per Serving.

The U.S. Department of Agriculture (USDA) Food Distribution Program provides USDA Foods to eligible Recipient Agencies (RAs) including schools, Residential Child Care Institutions, and Summer Food Service Programs and other USDA food assistance programs.

In an effort to ensure the most efficient and economical use of USDA Foods, the Department utilizes the Request for Bid procedure to select a Bidder that shall process USDA donated trucks of Bulk Cheese into cheese quesadillas for recipient schools to utilize in their nutrition program.

The Product shall be offered and distributed to all Wisconsin schools participating in the National School Lunch Program (NSLP) that receive USDA Foods. This includes both public and private schools. In addition, participants in the Summer Food Service Program may receive this Product as well.

Bidder Product shall be qualified through Product taste testing, responsiveness to Bid and technical requirements, and any other testing or inspections deemed in the best interest of the State.

1.3 CONTRACT TERM

The State of Wisconsin, DPI intends to award a Contract for a one-year period, July 1, 2018 to June 30, 2019, with the option to renew for two (2) additional one-year periods by mutual written agreement of the Department of Public Instruction and Contractor. The written agreement to renew this Contract shall be done during the “Contract Renewal Period.”

The “Contract Renewal Period” is November 1 to January 15, prior to the end of the Contract initial and/or succeeding term of June 30th. For example, the Contract Renewal Period would end on January 15, 2019 for the term July 1, 2019 to June 30, 2020. Contractor shall be notified by DPI in writing of any Contract renewal option. DPI may allow flexibility of the Contract Renewal Period based on the release of final information from the USDA.

Product awarded through this Request for Bid shall be included on the online Annual Wisconsin USDA Foods Ordering System which is used by all participating Wisconsin schools. The schools shall order this Product in the Spring of 2018 and shall receive the Product during the 2018-19 school year.

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing Commodities or Services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they shall be void.

1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the Procuring Agency, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract shall result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence shall prevail:

Final Signed Contract with clarifications included Bid Response as accepted by the State of Wisconsin Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and Services may be made available to Municipalities upon agreement of the Contractor. See Vendor Agreement-Wisconsin’s Cooperative Purchasing Services (DOA-3333), for definitions and other information on Municipalities. Municipalities shall be able to obtain the Commodities and Services procured under the Contract at the same rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting Contract usage by Municipalities (see Vendor Agreement – Wisconsin’s Cooperative Purchasing Services, DOA-3333 attached to this RFB).

2.0 BIDDER QUALIFICATIONS

All Bidder qualifications in this section are mandatory. Failure to meet a qualification shall disqualify your Bid. However, the Procuring Agency reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

Before the award of any Contract, the Department shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. Bidder shall use Attachment B, Bid Response Sheet to respond to this section. It is the Bidder’s responsibility to acquaint the Department with these qualifications by submitting appropriate or supporting documentation.

2.1 Bidder shall be in the business of providing USDA Foods processing and shall have done so for the past five years. DPI reserves the right to verify this Bidder qualification through the references provided by the Bidder on the Vendor Reference form DOA-3478 (see Section 7.6 ).

2.2 Pursuant to §16.705(1r) Wis. Stats and the American Federal Regulation, 7 CFR Part 210.21(d), these Services shall only be performed within the boundaries of the United States. The inability to perform Services in the United States shall be grounds for disqualifying your Bid. All Commodities and Services to be furnished hereunder shall conform to the Specification as noted herein.

3.0 MANDATORY REQUIRED SPECIFICATIONS OF BID

All requirements in this section are mandatory. The following requirements shall be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise stated. Bidder shall use Attachment B, Bidder Checklist to respond to this section. Failure to meet any mandatory requirement shall result in rejection of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

3.1 TECHNICAL REQUIREMENTS

3.1.1 Cheese Quesadillas:

3.1.1.1 Using USDA Foods Bulk Cheese, Mozzarella LM PT Skim, unfrozen (USDA #110244), OR Bulk Cheese, Cheddar Yellow Block (USDA #110254) and sauce, Bidder shall produce a cheese quesadilla. Bidder shall only use one cheese, mozzarella or cheddar for each Bidder response.

3.1.1.2 Quesadilla shall be made using a whole grain tortilla or a whole grain crust.

3.1.1.3 The cooked Product shall be chilled and frozen. Product shall be at 0 degrees Fahrenheit (F) or less prior to loading on truck for delivery to State warehouse(s).

3.1.1.4 Quesadillas shall be bulk wrapped and shall be CN labeled.

3.1.1.5 One cheese quesadilla serving shall provide 2 oz of meat/meat alternate and 2 oz. equivalent grains for the Child Nutrition Meal Pattern Requirements. One serving shall meet the following nutrition standards:

Basic Nutrition Standards

3.1.1.6 Bidder shall provide a copy of the CN label documenting the creditable amount of Meat/Meat Alternate and equivalent grains.

3.1.1.7 Bidder shall provide a completed Attachment C, Nutrient Data Submission Form. (See 6.9.3) Data provided on this form shall be based on a serving size. DPI shall review this form to ensure the Product being Bid meets the Product requirements and nutritional standards per section 3.1 Technical Requirements. Failure to meet the Product and Nutritional requirements shall result in disqualification of the Bid.

3.1.2 QUANTITIES

3.1.2.1 Exact quantities to be purchased for processing are not known at the time of the Bid release, but DPI estimates processing a minimum of two trucks of bulk cheese (mozzarella: 41,125 pounds each OR cheddar yellow 40,800 pounds each).

3.1.2.2 Bidders shall submit the expected yield in cases from one (1) truckload of bulk USDA Foods on the Attachment A, Price Sheet. This yield shall be consistent with the Summary End Product Data Schedule (SEPDS).

3.1.2.3 The successful Bidder of this Contract shall be required to process all such Products as may be required during the Contract period.

3.1.3 TRUCK SEAL

3.1.3.1 All trucks of finished end Products delivered into the State of Wisconsin shall be secured at all times prior to unloading with tamper-resistant, serially numbered, high-security seals. Seals shall be serially numbered, barrier-type and meet American Society for Testing and Materials Standard ISO 17712. Seals shall be 1/8th inch diameter cable, high-security bolt, cable equivalent, or an industry standard plastic/metal seal.

The Contractor shall maintain a record of each seal number used per truck lot and less-than-truck lot (LTL) delivery unit. The Contractor shall ensure that the applicable seal identification number is on each bill of lading, shipment manifest, certificate, or delivery documents for each delivery destination.

3.1.3.2 The seals shall be used for all single and multi-stop shipments and placed on all doors, hatches, vents or other points of entry. In the case of multi-stop deliveries, the Contractor shall provide a sufficient number of seals to ensure the conveyance is secured after each delivery destination. It is the responsibility of the Contractor’s agent (i.e. the truck driver) to seal the trailer after delivering each multi-stop shipment. The warehouse has no responsibility to inspect, document or otherwise support seal application on a multi-stop delivery.

3.1.3.3 If load arrives with an incorrect seal, broken seal, incorrect seal documentation (seal number on paperwork and truck seal do not match, handwritten changes to documentation) or the load is unsealed, receiving warehouse(s) will follow the below process:

1. Immediately stop the receiving process of the inbound USDA Foods shipment. The warehouse will not unload the shipment.

2. Instruct the Contractor’s Contracted Agent (i.e. the truck driver) to remain at the warehouse facility while the Department is contacted regarding the truck seal issue and for resolution.

3. If necessary, the Department will contact the Contractor regarding the truck seal issue.

4. If the Department is unable to obtain resolution of truck seal issue, truck shall be rejected.

5. The Contractor has the following options regarding the rejected load(s):

a. Contractor may have the load inspected by a USDA/AMS inspector. After inspection, the Contractor will email the Department an inspection certificate (Certificate of Loading, Condition of Container, or Certificate of Quality and Condition) prior to re-delivery of the shipment. Upon receipt of signed statement, Department will approve for re-delivery of load to warehouse on a sealed truck, following above seal requirements. It is the Contractor’s responsibility for determining location to move product to for inspection.

b. Return rejected load to processing facility and deliver a new load to the warehouse, on a sealed truck, following above seal requirements. If the Contractor is sending a new shipment, the Contractor shall provide detailed lot-ID documentation to substantiate that a new load is being shipped.

3.1.3.4 If the finished end Product load arrives after normal business hours (8:00 a.m. – 4:00 p.m. CT) and/or the receiving warehouse is unable to discuss with a Department representative via telephone and/or email, the warehouse shall reject the load.

3.1.3.5 Contractor will be unable to make a warehouse delivery appoint for re-delivery of Product until the Department has received required inspection paperwork and approved Product for re-delivery.

3.1.3.6 The Contractor is responsible for all costs (freight, inspection fees, etc.) associated with the rejected loads.

3.1.4 LABELING

3.1.4.1 Printed, stamped and stenciled labeling and marking information on shipping containers shall be water-fast, non-smearing, of a contrasting color, clear and readable.

3.1.4.2 Each container shall bear the required mandatory labeling:

3.1.5 PACKAGING

3.1.5.1 All packaging and packing materials shall be new and clean, and shall not impart odors or flavors to the Product. The State shall be the sole judge as to the acceptability of the packaging and packing materials. The Contractor shall replace unacceptable Product due to unacceptable packaging at its own expense.

3.1.5.2 Finished Product shall be bulk packed in inner bags, with the case net weight a minimum of ten (10) pounds. Bags shall be securely closed. Metal wire ties, metal clips, paper-coated wire ties or staples shall not be used for sealing inner bags.

3.1.5.3 Boxes shall be corrugated, and have a one-piece, die-cut Regular Slotted Container (RSC) design. Fiberboard shall be testing not less than 200 pounds. No holes are permitted, unless finished processed Product requires holes in the corrugation to aid rapid cooling. Staples shall not be used as a final case closure. Case closure shall be accomplished by taping, strapping or gluing. All boxes within the delivery unit of an individual Product shall be of a uniform size and weight and shall be stacked on pallets and wrapped.

3.1.5.4 Recycled Containers: Bidders are encouraged to offer Products packaged in containers using recovered materials suitable for the intended use. By doing so, the Bidder warrants the Product as at least functionally equivalent to the Bid Specifications. “Recovered material” is defined as post-consumer waste (any Products generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of collection, recycling, and disposition) and “secondary waste” (industrial by-Products and wastes generated after completion of a manufacturing process that would normally not be reused).

3.1.5.5 Palletizing: Shipments shall be palletized deliveries and shall conform to the following:

3.1.6 USDA CERTIFICATION

3.1.6.1 All finished Product shall be inspected by the U.S. Department of Agriculture in accordance with Food and Nutrition Services (FNS) requirements.

3.1.6.2 All processed Products prior to final packaging shall be examined by a metal detection device capable of detecting metals that may be present. Sensitivity levels and testing for acceptable operation shall be as specified in procedures established by the USDA, Agriculture Marketing Services (AMS).

3.1.6.3 Each case shall be stamped with the USDA Contract compliance stamp and the certificate number.

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 All equipment used in the performance of this Contract shall be capable of performing at an effectiveness level in accordance with manufacturer's specifications and with all federal, State and local laws, rules and regulations governing such equipment.

3.2.2 DPI shall notify the Contractor of the delivery of the bulk USDA Foods. After processing, the Contractor is responsible for contacting the State warehouses to schedule delivery appointment(s) and delivering the end Products as specified.

3.2.3 Bid price shall include FOB Destination, Prepaid & Allow delivery to the warehouse sites listed below. Deliveries shall be made to the following two (2) State warehouses:

Warehouse Address

3.2.4 All trucks used in the delivery of the Product shall be washed to maintain clean and sanitary conditions.

3.2.5 Storage and truck temperature for frozen Products shall be maintained at 0 degrees F or less. At no time shall the Product temperature exceed 0 degrees F.

3.2.6 During the term of the Contract, DPI shall notify Contractor of delivery amounts, dates, destination(s), giving at least 30 calendar Days advance notice prior to delivery dates. If any changes occur in warehouse Contracts, DPI shall notify the Contractor.

3.2.7 Contractor shall correct any substandard work as determined by the Department. Such work shall be at no extra cost to the State.

3.2.8 Contractor shall name a responsible individual to administer this Contract on Item #2 of the Vendor Information Form (DOA 3477). In addition, Bidder shall attach a sheet to this form naming a back-up contact and all contact information for administration of this Contract. Both people named shall be available from 8:00 a.m. to 4:00 p.m. CT from Monday through Friday except for State Holidays.

3.2.9 Bidder shall have the capacity to meet the Technical Requirements at the time of the Bid due date.

3.2.10 REPORTING

Bidder to maintain complete records to account for all USDA Foods received and processed during contract term. All records shall be maintained on file for a period of three years from the close of the Federal Fiscal Year to which they pertain, unless longer retention is required for resolution of an audit, litigation or a claim. See the following link, NPA Agreement, Section 16 for complete USDA requirements: http://www.fns.usda.gov/fdd/usda-foods-processing-home.

Bidder is required to provide a monthly performance report to the Department as a PDF or Excel spreadsheet to the State which documents the monthly activity at the processing plant. The content of the reporting is determined by the USDA and is subject to change. See the following link, NPA Agreement, Section 15 for current performance reporting requirements: http://www.fns.usda.gov/fdd/usda-foods-processing-home.

3.2.10.1 Contractor shall provide a monthly performance reports pertaining to performance under the Contract to the Department, postmarked or transmitted electronically no later than 30 calendar Days after the close of the reporting period. If no activity took place during the reporting month, a performance report shall be submitted to reflect no activity.

3.2.10.2 Contractor failing to submit monthly performance reports within the established time limits shall be considered in noncompliance with the Contract and this may result in Contract termination by the Department.

3.2.10.3 Monthly Performance Reports

The Monthly Performance Reports shall include the following information:

A. USDA Foods inventory at the beginning of the reporting period;

B. Total quantity of USDA Foods received during the reporting period specifying the sources of such USDA Foods such as direct shipments arranged by a Distributing Agency (DA), and/or transfers into DAs or Recipient Agencies (RA) account and year to date totals;

C. A list of RAs by name and code number (if applicable) and the quantity of each end Product delivered to or purchased by the RA for the month being reported and for which the RA has received a discount or refund.

D. Total number units/cases of approved end Products by Product code or brand name;

E. Total number pounds of USDA Foods reduced from inventory and year to date totals; and F. USDA Foods inventory at the end of the reporting period.

3.2.11 National Processing Agreement Approval Form

Bidder shall provide a completed Attachment D, titled “National Processing Agreement Approval Form”. Bidders wanting to process bulk USDA Foods for Wisconsin shall have a USDA-approved National Processing Agreement (NPA) at the time of bid award. (See 6.9.3). Bidders enter into the National Processing Agreement with the USDA and, once approved by USDA, are included on the USDA’s NPA list on the USDA’s website: http://www.fns.usda.gov/fdd/processing/national/NPA_ApprovedProcessors.htm

3.2.12 Summary End Product Data Schedule

Bidder shall provide a copy of your most recent Summary End Product Data Schedule (SEPDS). Bidder shall have their current USDA-approved SEPDS listed on the USDA Foods National Processing Community PartnerWeb site. Throughout the term of the Contract, the Contractor shall provide notification to the Department that an updated USDA-approved SEPDS has been posted on the USDA Foods National Processing Community PartnerWeb site. After the release of the annual “Average Price File for Processors” file, the SEPDS shall be updated and notification provided to the Department no later than June 30th annually. For example, the SEPDS for the 2018-19 Contract year shall be updated using the “Average Price File for Processors for SY2019” file and notification regarding the posting of the updated SEPDS shall be sent to the Department by June 30, 2018.

3.2.13 Food Hold and Recall

In the event of a USDA Foods hold and recall, contractor must follow procedures as outlined in the Responding to a Food Recall, Procedures for Recalls of USDA Foods guidelines published by the National Food Service Management Institute (aka Institute of Child Nutrition), 201.

4.0 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate these terms and conditions when it is in the best interest of the State to do so. The Bidder may not submit its own Contract document as a substitute for the State’s Special Terms and Conditions.

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment to any of the terms and conditions shall occur only if the change is in the best interest of the State.

4.1 BACKGROUND CHECKS

Due to the nature of this solicitation, the Procuring Agency reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order to determine whether any conviction exists that is substantially related to the solicited Commodity or Service, or if such conviction may otherwise adversely affect the Bidder’s ability to perform under the resulting Contract. The State is the sole determinant of whether the results of a background check(s) shall negatively impact the Contractor’s ability to meet contractual obligations and requirements.

4.2 LIQUIDATED DAMAGES

The Contractor acknowledges that damages shall be incurred by the Agency for every day past the scheduled delivery date. The Contractor agrees that the Agency shall have the right to liquidate damages, through deduction from the Contractor’s invoices, in the amount equal to the damages incurred, or by direct billing to the Contractor.

DPI shall notify the Contractor in writing of any claim for liquidated damages pursuant to this section within thirty (30) Days after the Contractor’s failure to perform in accordance with the terms and conditions of the Contract.

4.3 PAYMENT TERMS

The Contractor shall not be paid for the value of the USDA Food. The Contractor is paid for Contractor’s cost of ingredients, labor, packaging, overhead, delivery, and other costs incurred in the conversion of the USDA Food into the specified finished end Product.

State agencies shall meet a statutory mandate to pay or reject invoices within 30 Days of receipt. Before payment is made, the ordering Agency shall verify that all invoiced charges are correct and financial conditions are in compliance with the Contract and corresponding Purchase Order. Only properly submitted invoices shall be officially received for payment. Prompt payment requires that invoices be clear, complete and in compliance with conditions of this Request for Bid and subsequent purchase orders.

Payment shall not be made until the finished end Product is determined to meet all specifications and has been accepted by the State of Wisconsin. Each invoice shall be itemized and shall include any applicable purchase order number. Payment for invoices that do not include itemized pricing information may be delayed until this information is received.

The Contractor shall submit charges to reflect the prices established for the items on the Contract. The Contractor shall be paid after goods have been delivered and accepted as specified. A good faith dispute creates an exception to paying invoices within 30 Days of receipt (prompt payment).

Invoices and Payment: Terms of payment for processing shall be thirty (30) Days from the date the invoice is received in the Department business office. Invoices shall include the date the Product was sent to the State warehouse, case price and total number of cases sent. Invoices shall be sent to the address indicated on the Purchase Order.

4.4 TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX

The State of Wisconsin shall not enter into a Contract with a Vendor, and reserves the right to cancel any existing Contract, if the Vendor or Contractor has not met or complied with the requirements of § 77.66 Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

4.5 PANDEMIC/DISASTER PLANNING

Contractor shall respond, upon request, with its plans for continuation of contracted Services in the event of wide-spread contagious illness affecting providers of Services or major disaster. This plan is not required with Bid submission, but if requested, may be required from awarded Contractor. See Section 35.0 of the Standard Terms and Conditions titled “Force Majeure”.

4.6 FUEL SURCHARGES

No fuel surcharges shall be allowed in this Contract.

4.7 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP

At the time of Bid submittal, Bidder shall notify the State in writing if there is a relationship that exists between the Bidder and the State that interferes with fair competition or is a conflict of interest, and that no relationship exists between the Bidder and the Department that constitutes a conflict of interest with respect to a State Contract. The Department of Administration may waive this provision, in writing, if those activities of the Bidder shall not be adverse to the interests of the State.

4.8 CANCELLATION AND TERMINATION

4.8.1 TERMINATION FOR CAUSE

The State may terminate this Contract after providing the Contractor with thirty (30) calendar Days written notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this Contract.

The Contractor may terminate this Contract after providing the State one hundred and twenty (120) calendar Days’ notice of the State’s right to cure a failure of the State to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

4.8.2 TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State by providing at least thirty (30) calendar Days’ notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar Days’ notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or Services paid for but not received or implemented, such refund to be paid within 30 Days of written notice to the Contractor requesting the refund.

4.8.3 CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

· Fails to perform any material obligation required under the Contract

· Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

· Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice.

· Makes an assignment for the benefit of creditors

· Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes

· Incurs a delinquent Wisconsin tax liability

· Fails to submit a non-discrimination or affirmative action plan as required herein

· Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law)

· Becomes a federally debarred Contractor

· Is excluded from federal procurement and non-procurement Contracts

· Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract

· Fails to maintain the confidentiality of the State’s information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information

· Contractor performance threatens the health or safety of a State employee or State customer.

Upon cancellation, termination or other expiration of the Contract, each party shall forthwith return to the other all papers, materials, and other properties of the other held by each for purposes of execution of the Contract. In addition, each party shall assist the other party in the orderly termination of this Contract and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party.

5.0 PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

Bidder shall submit the Total Price per Serving (Column E) for Cheese Quesadillas using Attachment A, Price Sheet.

Bidder shall submit:

· Column A – Total Processing Bid Price per Case

· Column B – USDA Food Bulk Pounds per Case

· Column D – Servings per Case

Attachment A-Price Sheet shall be completed in Excel electronically to allow for formulas to automatically calculate Columns C and E.

Table One (1) shall be used for Bulk Mozzarella-made Cheese Quesadillas. Table Two (2) shall be used for Bulk Cheddar-made Cheese Quesadillas. You shall only use one table per Bid response.

Prices in column A shall be in U.S. dollars to two (2) decimals unless otherwise indicated. In the event of Bidder error in entering values for Columns A, B, and D, Total Price per Serving, Column E, shall prevail in award.

5.2 FOB DESTINATION, PREPAID & ALLOW

Delivery shall be made by common carrier or Bidder's vehicle, to warehouse locations described in Section 3.2.3. Bid prices shall include all packing, freight, and insurance.

Failure to Bid FOB Destination, Prepaid & Allow in the Bid price or discount shall disqualify the Bid.

5.3 PRICE SHEET INSTRUCTIONS

Bidders shall complete Attachment A, Price Sheet. Bidder shall use only one Price Sheet, either cheddar or mozzarella to respond to this bid. Bidders may not alter the Price Sheet in any manner unless instructions on the Price Sheet indicate otherwise. The Price Sheet shall be sealed in a separate envelope, marked with Bidder name and Bid number as stated in RFB Section 6.9.

5.4 REQUESTING PRICE ADJUSTMENTS

5.4.1 All prices, costs, and conditions outlined in the Bid shall remain firm for the initial Contract period (July 1, 2018 to June 30, 2019). The Department shall receive the benefit of any cost decreases that may occur.

5.4.2 Documented and justified price increases shall only be accepted and considered annually at Contract renewal time. Requests for increases cannot exceed the percent of increase in the Consumer Price Index (CPI) for the same period. The source of this information shall be the Bureau of Labor Statistics, All Urban Consumers, All Items.

5.4.3 Requests shall be received in writing and approved by the Department during the Contract Renewal Period as outlined in Section 1.3 of this RFB. DPI shall review the proposed price increase and shall notify the Bidder of DPI’s acceptance or rejection of the Contract pricing.

5.4.4 Any price decreases from the manufacturer or supplier that are passed through to the Bidder are required to be passed to the Agency within 30 Days of the effective date of the price decrease.

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid shall be completed. In the event that the Procuring Agency finds it necessary to change any of these dates and times (except estimated dates and times), it shall do so by posting an amendment to this RFB on VendorNet.

Bidders who pass Step 1 (Section 7.4, Method of Award) shall be required to submit samples for the student taste test. Bidders passing Step 1 shall be notified no later than September 12, 2017 concerning required sample shipments. Required samples shall arrive at all four (4) locations (See Section 7.5.4) no later than October 5, 2017.

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by August 17, 2017. If at any time prior to the Bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other…