MSBG 2023 Grocery IFB October 30, 2023.pdf

Invitation for Bids - Grocery Products for Schools Bid Due Date: 12:30 PM, November 20, 2023

Town of Billerica, Massachusetts

Grocery Products for Schools

Invitation for Bids IFB #MSBG2023Grocery-02

Solicited on behalf of the following Cities and Towns, and School Districts: Abby Kelley Foster Charter Public School, Acton-Boxborough Regional Schools, Acushnet Public Schools, Agawam Public Schools, Andover Public Schools, Arlington Public Schools, Ashland Public Schools, Assabet Valley Regional Technical High School, Athol Royalston Regional, Auburn Public Schools, Ayer-Shirley RSD, Belchertown Public Schools, Bellingham Public Schools, Belmont Schools, Berlin-Boylston, Billerica Public Schools, Blackstone-Millville RSD, Braintree Public Schools, Brookline Public Schools, Cambridge Public Schools, Central Berkshire Regional School District, Danvers Public Schools, Dartmouth Public Schools, Dedham Public Schools, Dracut Public Schools, East Longmeadow, Franklin County Technical School, Franklin Public Schools, Frontier Regional and Union 38, Gateway Regional School District, Gill-Montague Regional School District, Gloucester Public Schools, Greater Lawrence Technical School, Greenfield Public Schools, Hadley Public Schools, Hampden-Wilbraham, Hampshire Regional School District, Harvard Public Schools, Hatfield Schools, Hingham Schools, Ipswich Public Schools, Keefe Regional Technical School, King Philip Regional, Learning First Charter Public School, Lee Public Schools, Lenox Public Schools, Leverett Public Schools, Littleton Public Schools, Ludlow Public Schools, Lynnfield Public Schools, Methuen Public Schools, Middleboro Public Schools, Milford Public Schools, Milton Public Schools, Monson Public Schools, Nashoba Regional, Nashoba Valley Technical High School, Needham Schools, Norfolk Public Schools, North Adams Public Schools, North Attleboro Public Schools, Northampton Public Schools, Old Sturbridge Academy, Orange Elementary School District, Palmer Public Schools, Pathfinder Regional Vocational Technical High School, Pioneer Valley Regional School District, Pittsfield Public Schools, Plainville Public Schools, Ralph C. Mahar Regional School District, Scituate Public Schools, Silver Lake Regional & Kingston Public & Halifax, Smith Vocational and Agricultural High School, Somerville Public Schools, South Hadley, South Shore Regional Vo-Tech, Southern Berkshire Regional School District, Wachusett Regional School District, Wakefield Schools, Waltham Public Schools, Ware Public Schools, Watertown Public Schools, West Springfield Public Schools, Westfield Public Schools, Whitman-Hanson RSD, Worcester Cultural Academy, Worthington School District, Wrentham Public Schools, and any other school districts within the Commonwealth of Massachusetts.

Billerica Public Schools 35 River Street Billerica, MA 01821

Legal Notice

The Town of Billerica, Massachusetts invites bids for the supply of Grocery Products to be provided F.O.B. to the participating school districts listed below. The Town of Billerica will be the awarding authority on behalf of the Cities, Towns, and their School Districts. A contract/s will be awarded to the responsive and responsible bidder offering the lowest aggregate price for the specified goods.

The term of the contract will be from date of execution to August 16, 2024.

The bid is being issued by on behalf of the following Cities and Towns, and School Districts: Abby Kelley Foster Charter Public School, Acton-Boxborough Regional Schools, Acushnet Public Schools, Agawam Public Schools, Andover Public Schools, Arlington Public Schools, Ashland Public Schools, Assabet Valley Regional Technical High School, Athol Royalston Regional, Auburn Public Schools, Ayer- Shirley RSD, Belchertown Public Schools, Bellingham Public Schools, Belmont Schools, Berlin-Boylston, Billerica Public Schools, Blackstone-Millville RSD, Braintree Public Schools, Brookline Public Schools, Cambridge Public Schools, Central Berkshire Regional School District, Danvers Public Schools, Dartmouth Public Schools, Dedham Public Schools, Dracut Public Schools, East Longmeadow, Franklin County Technical School, Franklin Public Schools, Frontier Regional and Union 38, Gateway Regional School District, Gill-Montague Regional School District, Gloucester Public Schools, Greater Lawrence Technical School, Greenfield Public Schools, Hadley Public Schools, Hampden-Wilbraham, Hampshire Regional School District, Harvard Public Schools, Hatfield Schools, Hingham Schools, Ipswich Public Schools, Keefe Regional Technical School, King Philip Regional, Learning First Charter Public School, Lee Public Schools, Lenox Public Schools, Leverett Public Schools, Littleton Public Schools, Ludlow Public Schools, Lynnfield Public Schools, Methuen Public Schools, Middleboro Public Schools, Milford Public Schools, Milton Public Schools, Monson Public Schools, Nashoba Regional, Nashoba Valley Technical High School, Needham Schools, Norfolk Public Schools, North Adams Public Schools, North Attleboro Public Schools, Northampton Public Schools, Old Sturbridge Academy, Orange Elementary School District, Palmer Public Schools, Pathfinder Regional Vocational Technical High School, Pioneer Valley Regional School District, Pittsfield Public Schools, Plainville Public Schools, Ralph C. Mahar Regional School District, Scituate Public Schools, Silver Lake Regional & Kingston Public & Halifax, Smith Vocational and Agricultural High School, Somerville Public Schools, South Hadley, South Shore Regional Vo-Tech, Southern Berkshire Regional School District, Wachusett Regional School District, Wakefield Schools, Waltham Public Schools, Ware Public Schools, Watertown Public Schools, West Springfield Public Schools, Westfield Public Schools, Whitman-Hanson RSD, Worcester Cultural Academy, Worthington School District, Wrentham Public Schools, and any other school districts within the Commonwealth of Massachusetts.

The Invitation for Bids (IFB) may be obtained online at www.massbuyinggroup.com, the Billerica Public Schools website, by emailing info@food4schools.com, or by phone at 603-630-7322 or beginning at 9:00 AM on Monday, October 30, 2023. The Town of Billerica reserves the right to cancel this bid, waive informalities, and to reject any or all bids.

http://www.massbuyinggroup.com/ https://www.billericak12.com/ https://www.billericak12.com/ mailto:info@food4schools.com

Advertisements placed as follows:

MSBG Posted: October 30, 2023

COMMBUYS: October 30, 2023

Goods & Services Bulletin Published: October 30, 2023

Boston Herald Published: October 30, 2023

Table of Contents

Legal Notice

Section 1 - General Information

1. OVERVIEW

2. TIMETABLE AND KEY DATES

3. BID DOCUMENTS AVAILABLE

4. VENDOR CONFERENCE

Section 2 – Bid Submission

5. BID SUBMITTAL

6. RESPONSIVE AND RESPONSIBLE BIDDERS

7. GROCERY BID WORKSHEET

8. ALTERNATE ITEM PROCEDURE

9. BUY AMERICAN PROCEDURE

10. REQUIRED BID DOCUMENTS

11. MODIFICATIONS TO BIDS

12. PROVIDING A HACCP PLAN

13. ESTIMATED QUANTITIES

14. COMPLIANCE WITH IFB

15. QUESTIONS

16. ADDENDA

17. BID OPENING

Section 3 – Bidder Qualification Requirements

18. PERFORMANCE CAPABILITIES

19. SUBCONTRACTORS

20. INSURANCE

Section 4 - Award and Contract

21. RULE OF AWARD

22. TIMEFRAME FOR AWARD

23. RESERVED RIGHTS

24. CONTRACT TERM AND PRICING

25. CONTRACT CONDITIONS

26. WITHDRAWAL AFTER AWARD

Section 5 - Product and Performance Terms

27. QUALITY REQUIREMENTS AND PERFORMANCE STANDARDS

28. PRODUCT INFORMATION

29. COMMODITY PROCESSING

30. WARRANTY

31. METHOD OF ACQUISITION

32. ORDERING AND DELIVERY OF GOODS

33. SHORT TERM SUBSTITUTIONS AND ITEM REPLACEMENT

34. INTERNET ORDERING SYSTEM

35. RETURNS

36. PRODUCT RECALL

37. INVOICING/DELIVERY SLIPS

38. PAYMENT BY ELIGIBLE PARTIES

39. REBATE AND COUPON INFORMATION

40. AUDITING

41. BID COORDINATION

42. RESPONSIBILITIES OF PARTICIPATING SCHOOL DISTRICTS

Section 6 – Applicable Laws

43. APPLICABLE LAWS

44. BUY AMERICAN PROVISIONS

45. FEDERAL CONTRACTING REGULATIONS APPLICABLE TO VENDORS

Appendix A – Required Forms

46. General Bid Form

47. Statement of Competency

48. Certificate of Non-Collusion

49. Certificate of Tax Compliance

50. Certification of Compliance for Federally Funded Procurement

51. Conflict of Interest Certification

52. Certificate of Compliance with M.G.L. c. 151B

53. Certificate of Non-Debarment

54. Lobbying Activities

55. Equal Opportunity Requirements

56. HUB Certification

57. Acknowledgement of Specifications

58. Right to Know Law Page

59. Buy American Attestation

Appendix B – Sample Contract

Section 1 - General Information

1. OVERVIEW

This is an Invitation for Bids (IFB) issued by the Town of Billerica to secure the provision of goods and services on behalf of the Cities, Towns, and School Districts listed on the first page of this bid document. The participating Cities, Towns, and School Districts have joined together as the Massachusetts School Buying Group (MSBG) for the purposes of securing the products highlighted in this IFB.

For this IFB, the participating Cities, Towns, and School Districts have been divided into 2 zones, East and West. Vendors may bid on one or both zones. In submitting a bid, a vendor agrees to deliver to all participating Cities, Towns, and School Districts in the zone(s) they are bidding. A list of schools and Cities, Towns, and School Districts in each zone is provided in Attachment 3. Participation in this IFB as well as use of any contract resulting from this IFB is at the sole discretion of the participating City, Town, or School District’s Food Service Director.

2. TIMETABLE AND KEY DATES

The dates provided below are important to understand. The deadlines must be followed, both in responding to this IFB and in meeting the contract terms.

Goods & Services Bulletin Published: Monday, October 30, 2023

Boston Herald Published: Monday, October 30, 2023

COMMBUYS Posted: Monday, October 30, 2023

MSBG Posted: Monday, October 30, 2023

Bid Documents Available 9:00 AM, Monday, October 30, 2023

Vendor conference Zoom meeting: N/A

Deadline to submit alternate requests to MSBG: Wednesday, November 8, 2023, 4:00 PM

Deadline to submit formal questions: Wednesday, November 8, 2023, 4:00 PM

Final formal addenda and question responses provided: Friday, November 10, 2023

Bids are due on flash drive in a sealed envelope: 12:30 PM, Monday, November 20, 2023

Bid opening: 1:00 PM, Monday, November 20, 2023

3. BID DOCUMENTS AVAILABLE

Bid documents will be made available on Monday, October 30, 2023, through one of the following means:

• Online at www.massbuyinggroup.com on the Bids and RFPs page

• Online at www.billericak12.com

• By e-mail to info@food4schools.com

• By phone to Tim Goossens at 603-630-7322

4. VENDOR CONFERENCE

There is no scheduled Vendor conference for this IFB. The Town of Billerica reserves the right to schedule an optional vendor conference, should they find one to be necessary.

http://www.massbuyinggroup.com/

Section 2 – Bid Submission

5. BID SUBMITTAL

Bids and all other required documentation must be submitted electronically on a single flash drive by 12:30 PM on Monday, November 20, 2023. The flash drive shall be enclosed in a sealed envelope clearly marked: “MSBG 2023 Grocery Bid - 02, do not open until Monday, November 20, 2023, 1:00 PM”.

Bids should be mailed to:

April Laskey, Dir of Sch Nutrition Billerica Public Schools 35 River Street Billerica, MA 01821

Questions regarding the submission steps and process will be answered by Tim Goossens (info@food4schools.com, 603-630-7322). Please reach out if you have questions or concerns on submission up to one hour before the bid deadline. No bids will be accepted after this day and time.

Bids must be signed as follows:

• If the bidder is an individual, by him/her/them personally.

• If the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and

• If the bidder is a corporation, by the name of the corporation, followed by the signature of an authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation with the corporate seal affixed (e.g., Certificate of Corporate Vote).

6. RESPONSIVE AND RESPONSIBLE BIDDERS

This IFB will be awarded to the RESPONSIVE and RESPONSIBLE bidder with the lowest aggregate price per zone as described in Section 21, Rule of Award. To be considered responsive, a vendor:

• Must submit all required documents electronically on their flash drive, in PDF format as listed in the Required Documents Section 10 below by the bid due date and time.

• Must NOT alter or append the Bid Price Sheets in any way.

• Must NOT submit a conditional bid. A conditional bid is one that imposes any condition or conditions on a bid or changes the price or any other provision of a bid in a manner prejudicial to the interests of the jurisdiction or fair competition.

• Must submit a price for every item for which there is a projection in the zone(s) they are bidding.

• Must submit Attachment 4 - Alternate Item Request by email to info@food4schools.com by

Wednesday, November 8, 2023, 4:00 PM. This list must specify EVERY alternate item intended to be listed on the bid price sheets.

• Must submit nutritional, ingredient and CN information, if appropriate for EVERY alternate item listed on Attachment 4 and intended to be listed on the bid price sheets. This information must be in PDF format, one file per item, NAMED FOR THE BID LINE represented and emailed to info@food4schools.com by Wednesday, November 8, 2023, 4:00 PM.

mailto:info@food4schools.com

Any alternate items ultimately listed on the bid sheet for which documentation has not been submitted and approved as described above may result in the bid submission being considered non-responsive.

To be considered responsible, a vendor must demonstrate competency in the business of providing the goods and services specified in this IFB by conformance with the following criteria:

a. Bidders must have an acceptable history of business dealings with MSBG, as determined by the MSBG Steering Committee, OR must have a minimum of 2 years’ experience as a vendor for a school co-op or school district and provide 3 references upon request.

b. Bidders must be authorized sellers of grocery products.

c. Bidders must provision in groceries consistent with normal lines of business.

d. Incorporated to do business in Massachusetts or registered with the Office of the Secretary of the Commonwealth’s Corporation Division as a Foreign Corporation and be able to provide proof.

7. GROCERY BID WORKSHEET

The grocery bid worksheets are Attachments 1 and 2, one for each grocery zone. The projected usages on each sheet are different, reflective of the districts included in the zone.

All projections are the best aggregate estimates of the individual districts which comprise the zone, however there is no guarantee made those districts will actually purchase these amounts. Variations may occur due to cost, student preference, menu changes and other factors.

Please enter your company name on the Worksheet tab by double clicking on the tab itself.

For each item on the sheet, please enter following (yellow columns):

• Distributor Code

• Domestic Product: Select “X” from the dropdown if the item meets the Buy American provision as defined in section 9, or “Exception” for any item qualifying for an exception.

Vendor must provide a Buy American Exception Form, Attachment 5, for every line with an exception. These may be provided at the time of the submission but will be required from the winning vendors(s) after the bid award. If an item has already been checked as domestic, disregard this step for this item.

• Brand and item to be provided: Enter the brand and item code for every item that is listed as Distributor’s Choice, or any item for which an alternate has been approved. It is not necessary to provide documentation for Distributor’s Choice items at the time of the bid submission, but this will be required from the winning vendor(s) after the award.

• Actual Case Size:

o Enter the number of units in the case you are providing ONLY IF DIFFERENT FROM THE

LISTED BASE CASE SIZE.

o It is crucial that if you are entering an ACTUAL CASE SIZE that differs from the BASE CASE SIZE, that you use the BASE CASE UNIT listed on the bid sheet.

o Use extreme caution when entering an actual case size, as using the incorrect unit may drastically affect the extension for the line.

o This cell accepts numerical entries only and will adjust the projection based on differences in pack size.

• Price per Case - Enter the price per case, not the unit cost. This applies as well to catch weight meats based on the average pounds listed. For example, enter $27.00 as the case price, not $1.50 for the price per pound, based on the actual average case weight of the item.

• Comment – Any notes or comments about the item. For lines that contain previously approved alternate items, please enter “Approved alt.” in the comments cell.

MSBG reserves the right to audit the bids for accuracy until the time of award and may request clarifying information from the vendor at any time up to the time of award. Vendors have 2 business days DATE from the posted time of the bid opening to correct a price proposal if a mistake and the intended offer are clearly evident on the face of the proposal document.

8. ALTERNATE ITEM PROCEDURE

Distributors may submit line items “as Equal” to the example items listed on the bid. This is not for manufacturers or brokers. Any proposed alternate items must meet or exceed the specified nutritional information and ingredients in the example items provided in order to be considered.

Alternate items intended to be listed in the price worksheet MUST also be listed on the Alternate Item Request form provided as Attachment 4 and submitted to info@food4schools.com by Wednesday, November 8, 2023, 4:00 PM, prior to the bid opening. Additionally, nutritional, ingredient and CN data, if appropriate, must also be emailed in PDF format, one file per item, NAMED FOR THE BID LINE represented and emailed to info@food4schools.com by Wednesday, November 8, 2023, 4:00 PM.

A determination on the acceptability of the product will be made by the group and you will be notified as to the group’s decision. Any approved alternates will be sent out as an addendum and posted on the MSBG website for all vendors to consider. If an alternate is not approved, the vendor must bid the example item.

“Approved alt.” must be listed in the Comments section of the bid sheet on each line for which an alternate was approved. If the approved alternate has a different case size than the Base Case Size, it is crucial that the Actual Case Size is adjusted, using the correct unit listed, to reflect this difference.

9. BUY AMERICAN PROCEDURE

Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the USA and a food product that is processed in the USA substantially using agricultural commodities produced in the USA. Report language accompanying the legislation noted that “Substantially means over 51% from American products.” Therefore, over 51% of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically.

Thus, for foods that are unprocessed, agricultural commodities must be domestic, and for foods that are processed, they must be processed domestically using domestic agricultural food components that are comprised of over 51% domestically grown items, by weight or volume as determined by the school food authority (SFA).

Compliance with and enforcement of the Buy American Provision in the National School Lunch Program requires SFAs to purchase, to the maximum extent practicable, domestic commodity or products. There are limited exceptions to the Buy American Provision which allow for the purchase of products not meeting the “domestic” standard (“non-domestic”) in circumstances when use of domestic products is truly not practicable. These exceptions should be used as a last resort:

• The product is not produced or manufactured in the USA in sufficient and reasonable available quantities of a satisfactory quality; and/or

• Competitive RFPs reveal the costs of a USA product are significantly higher than the non- domestic product. For this IFB, significant is defined as 10% or more expensive than a like non- domestic item.

The participating school districts will accept non-domestic items only if they meet one of the two criteria above. The decision to consider other countries of origin is at the sole discretion of the purchasing City, Town, or School District.

For each line of the bid, please indicate in the Grocery Bid Worksheet that the item to be provided (whether the original item or an approved alternate) satisfies the criteria for a “domestic commodity or product” as defined above, by selecting “X” from the dropdown arrow in the Domestic Product column. In the event that an item is supplied is not of U.S. origin, the vendor shall indicate this on the worksheet by selecting “Exception” from the dropdown arrow in the Domestic Product column. If an item has already been checked as domestic, disregard this step for this item.

The winning vendor(s) shall work with the Bid Coordinator after the award to secure proof of domestic origin or exceptions for all bid items as needed.

10. REQUIRED BID DOCUMENTS

All bids are required to contain the following forms fully completed and signed (see relevant forms in the Appendices at the end of this document). Items 2-16 must be submitted as Word or PDF documents.

1. Bid Price Sheets (Attachments 1 and or 2 in Excel only)

2. General Bid Form

3. Statement of Competency

4. Certificate of Non-Collusion

5. Certificate of Tax Compliance

6. Certificate of Compliance for Federally Funded Procurement

7. Conflict of Interest Certification

8. Certificate of Compliance with M.G.L. c. 151B

9. Certificate of Non-Debarment

10. Lobbying Activities

11. Equal Opportunity Requirements

12. HUB Certification

13. Acknowledgement of Specifications

14. Right to Know Law Page

15. Buy American Attestation

16. List of Subcontractors (if necessary)

17. HACCP Plan

18. Any addenda, initialed

11. MODIFICATIONS TO BIDS

A bidder may correct, modify, or withdraw a bid prior to the time and date set for the bid opening by mailing a revised flash drive to the Town of Billerica at the address listed above. The flash drive shall be enclosed in a sealed envelope clearly marked: “MSBG 2023 Grocery Bid – 02 REVISION NUMBER ##, do not open until Monday, November 20, 2023, 1:00 PM”.

After the bid opening, a bidder may not change any provision of the bid in a manner prejudicial to the interests of The Town of Billerica and the participating Cities, Towns, and School Districts.

12. PROVIDING A HACCP PLAN

The vendor must submit written documentation accompanying their submission stating and defining their Hazard Analysis and Critical Control Points (HACCP) food safety program – sending their full HACCP plan is the best way to satisfy this requirement. Submission of this information is a minimum requirement and failure to do so may result in the bid’s disqualification.

13. ESTIMATED QUANTITIES

Estimates of purchases are indicated on the Grocery Bid Worksheet, providing information from each participating city, town, and school district based on projected usages. Actual quantities may be adjusted due to government regulations; delivery of federal commodities including, but not limited to Net Off Invoice allocations and brown box commodities; student preference changes, or meal program participation changes. Individual cities, towns, or school districts may themselves conduct procurements for other grocery items not listed outside the scope of this solicitation.

This IFB recites estimated quantities to be supplied by the vendor, which may or may not be purchased during the Contract period. Neither the participating cities, towns, and school districts nor The Town of Billerica guarantees a minimum or maximum number of purchases through this IFB. Nothing in this IFB shall be interpreted as a restriction upon an eligible party from buying any item or similar product by any other means, from any other vendor(s), or from the selected vendor at any time during the contract term.

No enforceable obligation exists under any resulting contract beyond an individual city, town, or school district’s appropriated funds.

The Bid Coordinator is not responsible for membership changes that might take place during the bid award or deviations in purchase amounts from the projected volume/estimated quantities.

14. COMPLIANCE WITH IFB

Bidders are expected to comply with all requirements of this IFB in order to be eligible for a contract award. Minor informalities will be waived, or the bidder will be allowed to correct them. If a mistake in a bid is evident and the intended bid is clear on the face of the Bid Price Form, the mistake will be corrected to reflect the intended correct bid and the bidder will be notified in writing. The bidder may not withdraw such a bid.

Conditional bids will not be accepted. A conditional bid is one that imposes any condition or conditions on a bid or changes the price or any other provision of a bid in a manner prejudicial to the interests of the jurisdiction or fair competition.

15. QUESTIONS

Bidders are requested to immediately and thoroughly review the IFB and promptly notify Tim Goossens, Bid Coordinator of any ambiguity, inconsistency, or error which they may discover. No substantive inquiries will be accepted after 4:00 PM, Wednesday, November 8, 2023, beyond those that seek simple clarifications about the bid submission process. Responses to inquiries will be issued as addenda.

If questions are received after 4:00 PM, Wednesday, November 8, 2023, The Town of Billerica, in its sole discretion, will determine if additional addenda are required and whether to alter the bid due date. Prospective bidders will be advised of such activity.

The Town of Billerica reserves the right to disqualify any bidder that it believes to be interfering with this procurement by raising irrelevant, nuisance, or diversionary issues in order to delay or render the procurement invalid, whether timely or not.

The failure of any bidders to read and become familiar with any portion of this IFB will not relieve them from any of the obligations described herein, whether they may be required during review of the bids, or performance required under a contract.

16. ADDENDA

Responses to inquiries regarding interpretation or clarification that affect all bidders and corrections or changes to the IFB will be issued as addenda. Addenda will be distributed via email to all parties that The Town of Billerica is aware have obtained the IFB and posted on the MSBG website. The last addendum is expected to be provided no later than Friday, November 10, 2023.

A copy of all addenda that are issued should be included as a PDF in the bid package and each addendum should be initialed in the bottom left corner of the first page of the document by the bidder.

17. BID OPENING

Submissions will be accepted until 12:30 PM on Monday, November 20, 2023. They will be publicly opened and read aloud at 1:00 PM, on the same date. The bid opening location will be:

Billerica Memorial High School Conference Room 35 River Street Billerica, MA 01821

The bid opening will be broadcast on zoom:

https://us02web.zoom.us/j/9326257653?pwd=Q0tBY0U3TmJ2bmUvaXlmTllnNXpNQT09

Meeting ID: 932 625 7653 Passcode: GroceryBid

Unforeseen Deterrents - If at the time of the scheduled bid opening, the designated site is unavailable due to circumstance beyond the control of The Town of Billerica, the bid opening will be automatically postponed (with or without notice to potential bidders) until 1:00 PM at the same location on the next normal business day. In the event the same location cannot be used to accommodate a postponement, the bid opening will be formally postponed with notification to all parties provided with the bid documents.

Bids will be accepted until any postponement time.

https://www.google.com/url?q=https://us02web.zoom.us/j/9326257653?pwd%3DQ0tBY0U3TmJ2bmUvaXlmTllnNXpNQT09&sa=D&source=calendar&ust=1698416466546276&usg=AOvVaw2HMgM8_rz3bVjOwL4R1SsU

Section 3 – Bidder Qualification Requirements

18. PERFORMANCE CAPABILITIES

Bidders must be capable of providing the specified goods and services on schedule as warrantied as required in Section 5, Item 30 of this IFB, in an intact and undamaged condition, and providing any support services in a professional and workmanlike manner.

19. SUBCONTRACTORS

The use of subcontractors is acceptable. If the bidder intends to perform any or all work related to this contract through subcontractor(s), said subcontractor(s) names, business affiliations, and addresses must be attached with the bid and referenced to the appropriate work to be performed. Bidders agree to be responsible to ensure the legal and contractual compliance of named subcontractor(s). Use of subcontractor(s) not named in the bidder’s bid is prohibited.

20. INSURANCE

The selected vendor shall at all times during the term of the contract maintain insurance in full force and effect acceptable to The Town of Billerica and the participating school districts. The selected vendor agrees to furnish The Town of Billerica with certificates of insurance or other evidence satisfactory to The Town of Billerica if requested.

WORKER'S COMPENSATION

Workers Compensation & Employers Liability Per M.G.L. c. 149, s. 34 and c. 152 as amended.

COMMERCIAL GENERAL LIABILITY

Personal Injury $500,000 each occurrence

$1,000,000 aggregate

Property Damage $500,000 each occurrence

VEHICLE LIABILITY

Personal Injury $500,000 each person

Property Damage $300,000

Section 4 - Award and Contract

21. RULE OF AWARD

A Contract or contracts will be awarded as follows.

• For the Western Zone, a contract will be awarded to a single responsive and responsible vendor for the 2023-2024 school year based on the lowest aggregate bottom line total of the Western Zone worksheet. The contract will commence on the date of execution and cease on Friday, August 16, 2024.

• For the Eastern Zone, a contract will be awarded to a single responsive and responsible vendor for the 2023-2024 school year based on the lowest aggregate bottom line total of the Eastern Zone worksheet. The contract will commence on the date of execution and cease on Friday, August 16, 2024.

A single vendor may win the contract for both zones. The Town of Billerica, in consultation with participating school districts, reserves the right to reject any bid in part or in whole based on past performance of the vendor and/or the best interests of any or all the members of the participating Cities, Towns, and School Districts.

22. TIMEFRAME FOR AWARD

The bid award will generally take place no later than a week after the bid opening date at which time all parties will be notified.

23. RESERVED RIGHTS

The Town of Billerica reserves the right to:

1. Cancel this IFB at any time, with or without notice to prospective bidders. Reasonable efforts will be made to give timely notice.

2. Accept or reject, in whole or in part, any and all bids as permitted by law.

3. Award a contract or contracts as it deems best serves the interest of The Town of Billerica and/or the Cities, Towns, and School Districts.

4. Act as its own reference and make such investigation as it deems necessary to determine the ability of the bidder to perform prior to execution of the contract.

5. Waive or adjust non-statutory bid requirements before or after bids are opened in whatever ways it deems best serves the interests of the Cities, Towns, and School Districts.

24. CONTRACT TERM AND PRICING

This solicitation is seeking fixed pricing for the 2023-2024 school year, beginning from date of contract execution and ending August 16, 2024. The Town of Billerica and MSBG reserve the right to remove any item whose price cannot remain firm for the duration of the contract. If this occurs, the remainder of the contract shall stay intact. Cities, Towns and School Districts shall be free to procure any removed items on their own in compliance with procurement law independent from this procurement.

All price entries and calculations submitted on this bid are considered by The Town of Billerica and the participating Cities, Towns and School Districts to represent the intent of the bidder.

There shall be no additional charges levied to any City, Town, or School District for fuel surcharge, membership fee or any other charge or fee.

25. CONTRACT CONDITIONS

A sample copy of The Town of Billerica’s standard contract can be found in Appendix B. Vendors must be willing to sign The Town of Billerica’s contract. The Town of Billerica will not accept a vendor’s own terms & conditions.

Except as provided elsewhere in this IFB, there will be no change in the terms and conditions, bid prices, or products offered during the contract periods.

The issuance of this solicitation does not constitute or imply a firm commitment by any eligible party to purchase goods or services from any contracted vendor. Accordingly, ability to perform, price competitiveness, and product quality are key to sales. Nothing in this IFB shall be interpreted as a restriction upon an eligible party from buying any item or similar product by any other means, from any other vendors, at any time during the Contract term independent from the contract resulting from this procurement

Eligible parties will be the Cities, Towns, and School Districts under contract(s) awarded through this IFB. All transactions between eligible parties and contracted vendor(s) will be solely between those parties. Neither The Town of Billerica, the participating Cities, Towns, and School Districts nor any other eligible party will be held liable by the vendor(s) or another eligible party for any loss or liability, other than payment for delivered products as may be limited herein, incurred as a result of this procurement.

This contract will be awarded and administered by The Town of Billerica on behalf of the participating Cities, Towns, and School Districts. Any eligible party that purchases the goods and services of a selected vendor under any resulting contracts will be responsible for managing and directing the work of the selected vendor for all purchase orders and work orders initiated by the City, Town, or School District. If for some reason, a participating City, Town, or School District finds that any provisions of the signed contract are not being observed by the selected vendor, they can seek remedy directly from said vendor and notify The Town of Billerica of any issue relating to non-performance under the signed contract.

Massachusetts Chapter 30B: UNIFORM PROCUREMENT ACT, Section 17 requires each SFA to issue their own contract with the winning vendor. Any resulting contracts may be terminated for cause or convenience by the City, Town, or School District according to the terms of the individual contract with the vendor.

26. WITHDRAWAL AFTER AWARD

If a contract has been awarded and the awarded vendor, for any reason, seeks to withdraw from the contract, a 30-day written notice of intent must be submitted to The Town of Billerica. The 30-day notice will begin on the date of receipt of the notice, and during this 30-day period all bid prices and specifications must be honored by the vendor. If a vendor, after having been awarded the bid, chooses to withdraw their bid, the vendor acknowledges that they may be considered non-responsible for subsequent bid cycles.

Section 5 - Product and Performance Terms

27. QUALITY REQUIREMENTS AND PERFORMANCE STANDARDS

Grocery Products of high quality are required to be furnished and delivered inside the cafeteria storerooms.

All items offered shall be of the required pack and brand specified in this IFB or their equivalent or an approved alternative pack and brand and shall be subject to all federal and state regulations applicable thereto.

The buyers reserve the right to request samples of any or all items for which a bid is submitted for testing; samples to fully represent the items proposed. The brand and grade offered and accepted shall be supplied during the entire contract period.

Quantities of items are estimated and not guaranteed to be purchased in full during the contract period. This is particularly true in the event surplus commodities are furnished by the U.S. Department of Agriculture.

Pricing shall include delivery charges, prepaid by the vendor.

Bidders shall utilize only properly insulated, mechanically or thermostatically temperature-controlled refrigerated transport equipment. Such equipment must be capable of maintaining temperature to protect products. Cities, Towns, or School Districts reserve the right to reject the use of any trucking equipment by a carrier if it is not in a clean, sanitary condition and suitable for the hauling of all goods.

All delivery personnel must demonstrate good customer service and should be neat and clean with good grooming practices.

Vendors must have a Hazard Analysis and Critical Control Point Program (HACCP) for all areas of service and products including but not limited to purchasing, temperature control, receiving, holding, storage, transportation, and delivery. All HAACP records must be documented and available for review.

If the contracted vendor fails to comply with the requirements of this section, “Performance Standards”, the participating City, Town, or School District shall have the right to cancel its purchase without recourse by the vendor, provided the City, Town, or School District serves the vendor with a written demand to perform, citing its intent to cancel its purchase order and invoke this IFB provision if performance does not occur within three full business days of delivery of the demand. Such notice may be conveyed by e-mail, fax or other method that verifies delivery by electronic or witnessed means.

Additionally, failure on the part of the vendor or vendors awarded the contract or contracts to comply with any of the above terms contained in this IFB and the resulting contract could result in:

• A letter of nonperformance documenting the specific issues involved and the actions necessary to resolve the situation(s);

• Termination of Awarded Contract; and

• Determining the bidder is not a responsible bidder for future procurements.

28. PRODUCT INFORMATION

The winning vendor(s) shall assist the Bid Coordinator in securing all required nutritional, ingredient, and Buy American and CN information as requested, in a timely manner.

29. COMMODITY PROCESSING

For a bidder to be considered responsive, they must be certified in Massachusetts to distribute USDA commodity items through the Net Off Invoice method. Additionally, Cities, Towns, or School Districts must be able to assign distribution to the winning vendor(s) through the K12 Foodservice and Processor link.

Lines that are subject to a NOI Pass Through Value (PTV) will be indicated on the bid worksheet with a Bold Green font. Vendors are to enter the commercial bid prices on the bid worksheet in the Price per Case column. The spreadsheet will calculate the net cost to Cities, Towns, or School Districts who have diverted that commodity in the Net Price column. Cities, Towns, and School Districts who have not diverted that commodity or whose allocation has run out will pay the full commercial price.

It is the responsibility of each City, Town, or School District to notify the State of Massachusetts of their intention to divert each commodity, and to assign the winning vendor in either K12 Foodservice or Processor link.

Fee for Service is not a part of this IFB.

30. WARRANTY

Vendors warrant (1) that the goods they sell are merchantable, (2) that they are fit for the purpose for which they are being purchased, (3) that they are absent any latent defects, and (4) that they are in conformity with any sample that may have been presented to the participating Cities, Towns, or School Districts.

31. METHOD OF ACQUISITION

At the discretion of each participating City, Town, or School District, commercial credit cards (e.g., American Express, MasterCard, etc.) may be used to make purchases. All contract pricing will remain in effect, as will the buyers’ tax-exempt status.

32. ORDERING AND DELIVERY OF GOODS

Delivery dates and times will be agreed upon by the City, Town, or School District and the winning vendor. Deliveries arriving outside times agreed upon may result in refusal of delivery or billing of vendor for excess labor charges. Deliveries shall normally take place Monday-Friday between 6:00 a.m.

and 1:00 p.m.

Delivery is to be once a week for a main delivery with a second consistent day in place for the City, Town, or School District to use as needed, or for the vendor to use for make-up deliveries. The second delivery can be sent to a location or locations agreed upon between the City, Town, or School District and the vendor, and as opposed to all delivery locations.

Notice is to be provided on outs and potential delivery substitutes to each City, Town, or School District by noon of the business day before delivery via email.

The winning vendor shall communicate with the Food Service Director or other designee of each City, Town, or School District for a contingency plan at the beginning of the contract year for instances of snow days or other unforeseen school cancellations and how deliveries will be made/adjusted to accommodate.

Cities, Towns, or School Districts are not required to accept any product that is visibly damaged or adulterated in any manner. The winning vendor(s) shall replace any item received in unacceptable condition at no cost to the ordering facility in a timeframe acceptable to the City, Town, or School District.

The vendor may not impose a delivery minimum greater than $750.00 AVERAGE per City, Town, or School District, per delivery day. For example, a City, Town, or School District has 3 schools receiving deliveries on a given day. School 1 delivery is $4,000, school 2 is $1,500, and school 3 is $700, the City, Town, or School District average for that day is $2,066.

Product must be delivered at the correct internal temperature (frozen 0 degrees, refrigerated 34-40 degrees, and dry goods at room temperature). All products are to have a sufficient code date for normal usage.

All items will be delivered to an inside storage location acceptable to the receiver. No tailgate delivery will be accepted. No products shall be left outside the building at any time or in any place other than within the school kitchens.

Palletized items are not to be co-mingled. Dry, refrigerated, and frozen items must be separated.

33. SHORT TERM SUBSTITUTIONS AND ITEM REPLACEMENT

Substitutions are defined as items that are offered in place of a regular bid item on a short-term basis resulting from issues such as transportation from the manufacturer, volume variations, manufacturer production issues etc. Foodservice directors or their designee from the participating Cities, Towns, or School Districts must be notified by noon of the day before delivery and approve of any substitutions.

Substitutions are to be provided of a comparable quality, if available, at the bid price per unit. If an item of comparable quality is not available at the bid price per unit, the vendor shall discuss other possible substitutions with the director prior to the delivery day.

In the event of a manufacturer’s permanent discontinuation of a bid item, the vendor shall notify the Bid Coordinator as soon as they are aware to discuss possible replacements of the same or superior quality in nutritional value, ingredients, CN data, and product formulation, The vendor must provide full credit on and pick up of food incorrectly ordered or delivered by the next regular delivery. Full credit must be given, in a timely fashion, for foods that are discovered missing from the order, damaged, spoiled, adulterated, or expired.

Vendors are to provide a list of outages as well as potential substitutions to the director the day before the scheduled delivery. This communication is to be in a form acceptable to the director, such as an office phone, a cell phone, or an email.

34. INTERNET ORDERING SYSTEM

The winning vendor(s) is to provide an internet-based ordering system. Training requested by any City, Town, or School District is to begin no later than 2 weeks after the request is made. The online system is to be kept updated and must reflect all bid items with the correct codes, prices, and commodity values.

35. RETURNS

The awarded vendor(s) will guarantee that upon inspection, any defective or inferior supplies shall be replaced without additional costs to the participating Cities, Towns, or School Districts. The vendor will assume any additional cost accrued by the participating City, Town, or School District due to defective or inferior supplies.

36. PRODUCT RECALL

The awarded vendor(s) must, upon receipt of a recall notice from the manufacturer or government, notify The Town of Billerica, the MSBG Bid Coordinator, and the Cities, Towns, or School Districts who purchased the items being recalled, immediately by e-mail. Appropriate credit must be given for all recalled products.

37. INVOICING/DELIVERY SLIPS

A delivery slip must be left at each school upon delivery, complete with the unit price, extensions, and totals. Delivery slips must be signed by the Food Service Manager or designee before responsibility will be accepted for payment of bills for these schools. If a delivery slip is not signed and the product delivered is in excess of what has been ordered, the participating City, Town, or School District will be required to only pay for the amount ordered.

38. PAYMENT BY ELIGIBLE PARTIES

The Town of Billerica is not an eligible party under this IFB or any resulting contract(s). Neither is it a party to any resulting transactions, nor can it be held liable for false representations or non-payment by eligible parties which include participating Cities, Towns, and School Districts.

Eligible parties are not obligated to make payment to the vendors other than in a manner consistent with their normal payment schedules and as bound by normal commerce. Payments shall be made in U.S. dollars. Vendors may not require cash payment nor accept cash for any transaction associated with this IFB.

Payment terms vary by City, Town, or School District policy and will be agreed upon by the vendor and individual City, Town, or School District.

Purchases made by the Cities, Towns, and School Districts are exempt from payment of federal excise taxes and any such taxes must not be included. Federal excise tax exemption certificates, if required, will be furnished by the City, Town, or School District on request. The Cities, Towns, and School Districts are further exempt from payment of Federal Transportation tax and the Commonwealth of Massachusetts sales tax.

39. REBATE AND COUPON INFORMATION

The winning vendor(s) assumes responsibility to pass on all rebate and coupon information to all members of the participating Cities, Towns, and School Districts.

40. AUDITING

The participating Cities, Towns, and School Districts, the MSBG Bid Coordinator, and The Town of Billerica all retain the right to audit vendor’s invoices for any and all bid items. The audit may take place at any location suitable to the participating Cities, Towns, and School Districts, and MSBG, including the offices of the vendor. The vendor will be given no less than 2 weeks’ notice to assemble all relevant documents for review.

41. BID COORDINATION

The Town of Billerica is strictly the procurement agent for this Bid and is not responsible for the activities of the Bid Coordinator used by the participating school districts.

The participating Cities, Towns and School Districts receive the support of a Bid Coordinator, Tim Goossens of Food for Schools LLC, to determine the products they seek to purchase through this IFB. The awarded vendor(s) is required to work with the Bid Coordinator in managing product information. The Bid Coordinator will work collaboratively throughout the term of any contracts awarded through this IFB. The Bid Coordinator is not responsible for membership changes that might take place during the bid award or for deviations in purchase amounts from the projected volume.

Should the vendor determine, while preparing their response that an item is unavailable, there is no expectation that it will become available, and there are no reasonable alternates, the vendor is to contact Timothy Goossens by email at info@food4schools.com.

Once awarded, no item shall be deleted, changed, or discontinued by the vendor unless previously approved by the MSBG Bid Coordinator.

42. RESPONSIBILITIES OF PARTICIPATING SCHOOL DISTRICTS

As per 7 CFR 210.21 Subpart E, participating school districts in their role as school food authorities are the party that must comply with the requirements of 7 CFR Part 3016 and 7 CFR Part 3019 as applicable, which implement the applicable Office of Management and Budget Circulars, concerning the procurement of all goods and services with school food service account funds. While the contract for purchases made through this IFB will be held by The Town of Billerica with the awarded vendor(s) on behalf of participating school districts, use of this contract by participating districts does not relieve them from their obligations under federal law and regulation. School food authorities remain responsible for settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in connection with the federal school lunch program.

Section 6 – Applicable Laws

43. APPLICABLE LAWS

This procurement is conducted in conformance with M.G.L. c. 7, s. 22B and M.G.L. c. 30B and federal procurement regulations for the National School Lunch Program (see 7 CFR 210.21) and federal funds procurement generally (see 2 CFR 200.317-327).