Revised -ITB Food Products Delivery Services.pdf

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STATE OF FLORIDA

DEPARTMENT OF JUVENILE JUSTICE

July 12, 2024

With this sheet you have received solicitation documents for the following:

Solicitation No. DJJ-ITB -Food Products-Delivery Services 24/25-001

Number of Addenda as of above date: None

Item(s) of Bid Food Products/Delivery Services

Commodity Code(s) 93131608 Food Supply Services 50192100 Snack Foods

Date and time due September 06, 2024, at 02:30 P.M., EDST

The solicitation documents you received are subject to change. After the proposer receives the initial email notification of a solicitation from the VIP and decides to submit a response, it is important that proposers continually monitor the Vendor Information Portal (VIP) for any changes to this solicitation. It is the proposer’s responsibility to be aware of any changes posted to the VIP REGISTRATION WITH THE DEPARTMENT FOR THIS SOLICITATION IS NOT A REQUIREMENT TO SUBMIT A PROPOSAL, BUT TO DO BUSINESS WITH THE STATE OF FLORIDA, REGISTRATION IN MY FLORIDA MARKET PLACE (MFMP) WITH A

VALID FLORIDA W9 IS REQUIRED.

Department of Juvenile Justice Alexander Building 2737 Centerview Drive, Suite 1400 Tallahassee, Florida 32399-3100

Company Name:

Address:

City, State & Zip:

Email:

Telephone: ( )

Fax No.: ( )

Signed: Date:

For further information on this process, you may telephone (850) 756-8117

To receive information on DJJ solicitations 24 hours a day, 7 days a week, visit the Vendor Information Portal (VIP) at VIP - https://vendor.myfloridamarketplace.com/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2F&data=05%7C02%7CCarol.Walters%40fldjj.gov%7C5e6c8936b4e149d6d36208dcb0de2935%7C446f3eb4b3de4f0492ea54497eaca292%7C0%7C0%7C638579715443359436%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=1qZGJto8OYjJ%2BAtxubGaCgrRMvsaN69LYEghWiNeTqo%3D&reserved=0

TABLE OF CONTENTS

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Statement of Purpose

2.2 Contract

2.3 Cooperative Purchasing

SECTION 3 – PRODUCT INFORMATION

3.1 Specifications

3.2 Contractor(s) Responsibilities

3.3 Quality Control Procedures

3.4 Out of Stock/None Available Product

3.5 Order Process

3.6 Delivery

3.6.1 Palletized Deliveries as per Facilities Lists (Attachment VIII) 10

3.6.2 Product Security Requirements 10

3.6.3 Emergency Orders/Deliveries 10

3.6.4 Recalled Products 11

3.6.5 Returns 11

3.7 Contract Substitutes 12

3.8 Damaged Goods 12

3.9 Trade Names………… ……………………………………………………………………….. 12

3.10 Estimated Quantities ……………………………………………………………………………..12

3.11 Best Pricing Available……… ……………………………………………………………… …13

3.12 Rebates, Incentives or Discounts… … ……………………………………………………..13

3.13 Sales Promotions 13

3.14 Contract Modifications 13

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Procurement Officer

4.2 Timeline

4.3 Procurement Rules

4.3.1 My Florida Market Place (MFMP)

4.3.2 Submission of Bids

4.3.3 Bid Opening

4.3.4 Costs of Preparing Bid

4.3.5 Disposal of Bids

4.3.6 Bid Rules for Withdrawal

4.3.7 Rejection of Bids

4.3.7.1 Material Deviations 16

4.3.7.2 Minor Irregularities 16

4.3.8 Bid Inquiries

4.3.9 Cost Discussions

4.3.10 Verbal Instructions

4.3.11 No Prior Involvement and Conflicts of Interest

4.3.12 Department of State Licensing Requirements

4.3.13 Minority/Women/and Service Disabled Veterans

4.3.14 Public Entity Crimes

4.3.15 Discriminatory Vendor(s) List

4.3.16 Unauthorized Employment of Alien Workers

4.3.17 Utilization of E-Verify

4.3.18 Filing Notices of Intent to Protest or Formal Protest

SECTION 5 – BID FORMAT AND CONTENTS

5.1 Responsiveness Requirements

5.2 Contact for Contract Administration

5.3 Addendum Acknowledgment Form

SECTION 6 – AWARD OF CONTRACT

6.1 Posting of Recommended Award

6.2 Price Determination

6.3 Incomplete Food Product Information Price Sheet

6.4 Price Adjustments 20

6.5 Implementation Plan and Transition Date Schedule 20

SECTION 7 – CONTRACT TERMS AND CONDITIONS

7.1 Term of Contract

7.2 Renewal of Contract

7.3 Contract

7.4 Termination

7.4.1 Termination for Cause

7.4.2 Termination by Mutal Agreement

7.4.3 Termination In the Best Intrest of the State

7.4.4 Contractor(s) Responsibility Upon Termination

7.4.5 Termination for Unauthorized Employment

7.4.6 Default 23

7.4.7 Annual Appropriations 23

7.5 Payment and Invoices

7.5.1 Transaction Fee 23

7.5.2 Submission of Invoice(s) 24

7.5.3 Purchasing Card (P-Card) Program 24

7.6 Performance Measures 25

7.6.1 Performance Outcomes and Standards 25

7.6.2 On-Time Delivery 25

7.6.3 Fill Rate 25

7.6.4 Accurate Invoice(s) Pricing 25

7.6.5 Product Specifications 25

7.7 Other Contract Management

7.8 Liquidated Damages 26

7.8.1 Liquidated Damages for Failure to Meet Performance Outcomes and Standards 26

7.8.2 Liquidated Damages for Failure to Meet Other Contract Requirements 26

7.9 Monitoring Methodology 26

7.10 Repeated Instances of Failure 27

7.11 Financial Consequences for Non-Performance 27

7.12 Deliverables 27

7.13 Contract Management 27

7.14 Vendor(s)’s Expenses

7.15 Governing Law and Venue

7.16 Records

7.16.1 Public Records

7.16.2 Disclosure of Bid Contents

7.16.3 Confidential, Proprietary, or Trade Secret Material 28

7.16.4 Audit Records

7.17 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (“PRIDE”) 29

7.18 Product Available from the Blind or Other Handicapped (RESPECT)

7.19 Procurement of Materials with Recycled Content

7.20 Employment of Department Personnel

7.21 Non-Discrimination

7.22 Copyrights, Right to Data, Patents and Royalties

7.23 Independent Contractor(s) Status

7.24 Assignment

ATTACHMENT I – CHECKLIST

ATTACHMENT II - CONTACT FOR CONTRACT ADMINISTRATION

ATTACHMENT III – FOOD PRODUCT INFORMATION PRICE SHEET

ATTACHMENT IV - INSTRUCTIONS FOR PREPARING YOUR FOOD PRODUCT INFORMATION PRICE

SHEET(S)

ATTACHMENT V - IDENTICAL TIE BIDS

ATTACHMENT VI - Customer References Sheet ATTACHMENT VII - Savings/Discounts/Price Reduction ATTACHMENT VIII - Facilities/Locations/Tentative Delivery Date/Time

ATTACHMENT IX - Food Product Information Price Sheet

SECTION 1 – DEFINITIONS

The following terms used in this Invitation to Bid (“ITB”), unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Breach of Contract: A failure of the Contractor(s) to perform in accordance with the terms and conditions of the Contract which may result from this ITB.

1.2 Contract: The agreement which results from this ITB between the winning Bidder(s) and the Department.

1.3 Contractor(s): The organization or individual providing services to the Department in accordance with the terms of the Contract which results from this ITB.

1.4 Department: The Florida Department of Juvenile Justice.

1.5 DJJ: Department of Juvenile Justice.

1.6 Desirable Conditions: The use of the words “should” or “may” in this ITB indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a proposal.

1.7 Material Deviations: The Department has established certain requirements with respect to bids to be submitted by bidders. The use of shall, must or will (except to indicate simple futurity) in this ITB indicates a requirement or condition which may not be waived by the Department except where the deviation therefrom is not material. A deviation is material if, in the Department’s sole discretion, the deficient response is not insubstantial accord with this ITB’s requirements, provides an advantage to one bidder over other bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department.

Material deviations cannot be waived and shall be the basis for rejection of a bid.

1.8 Minor Irregularity: A variation from the ITB terms and conditions which does not affect the price of the bid or give the bidder an advantage or benefit not enjoyed by the other bidders or does not adversely impact the interests of the Department.

1.9 Number of Verbs or Nouns: Throughout this solicitation, the singular may be read as the plural and the plural as the singular.

1.10 Packing: Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases or other types of containers.

1.11 P-Card: Refers to the State of Florida’s purchasing card program, using the Visa platform.

1.12 Proposer: Any firm or person who submits a proposal to the Department in response to this solicitation.

1.13 Proposal: All information and materials submitted by a proposer in response to this solicitation.

1.14 Purchase Order: An electronic order issued via the MyFloridaMarketPlace eProcurement system. See PUR

1000, paragraph 2.

1.15 Responsible Vendor: A vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

1.16 Responsive Bid: A bid, submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation.

1.17 State: State shall be synonymous with the Department of Juvenile Justice.

1.18 Sub-Contractor(s): Any person other than an employee of the Contractor(s) who performs any of the services listed in this solicitation for compensation paid by the Contractor(s).

1.19 Vendor, Offer or and Bidder: A legally qualified corporation, partnership or other entity submitting a bid to the Department pursuant to this ITB.

1.20 Winning or Successful Bidder: The corporation, partnership, business or entity submitting the lowest responsive bid, meeting all requirements of the Department’s ITB.

1.21 Cooked/Raw: Meats, poultry and seafood are deemed to be raw (uncooked) unless the term “cooked” is used. The term “cooked” when used by DJJ, implies “fully” cooked unless a lesser degree of doneness is specified.

1.22 Portion: The size of the finished product required for a single serving.

1.23 Imported Products: Except for items such as coffee, pasta, coconut, mandarin oranges, olives, and pineapple, normally not produced in the U.S. commercially, the distributor shall not deliver imported products without pre-approval from DJJ.

1.24 Pieces Per Portion: Number of pieces of the finished product (nuggets, for example) required to make a portion.

1.25 Grain/Bread: Grain or bread as approved by USDA-Child Nutrition Program Guidelines.

1.26 Meat/Meat Alternative: Meat or meat alternative as approved by the USDA-Child Nutrition Program

Guidelines.

1.27 IQF: “Individually Quick Frozen” means that the parts can be removed individually from packages. The term

“quick” means frozen “at the time” in a freezer tunnel, either by air blast, nitrogen or carbon dioxide.

1.28 CN Label: Whenever a product is CN (Child Nutrition) labeled, it is “certified” by the manufacturers to conform to the nutritional requirements of the USDA Food and Nutrition Service. The label shows the contribution made by a given amount of product toward meal requirements.

1.29 French Fries: French fries are cooked in vegetable oil only.

1.30 Nugget: irregular shaped bite sized meat, poultry, or fish product. In this ITB, nuggets may be made from chopped and formed meat, poultry or seafood and labeled “chopped and formed”. If breaded, the identification must so stipulate. If not breaded the identification may read “grilled-not breaded.”

GENERAL CONTRACT CONDITIONS (PUR 1000)

The General Contract Conditions are outlined in PUR 1000 which is a downloadable document incorporated in this bid by reference. There is no need to return this document with the bid response.

http://dms.myflorida.com/content/download/2933/11777

GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

The General Instructions to Respondents are outlined in PUR 1001 which is a downloadable document incorporated in this bid by reference. There is no need to return this document with the bid response.

http://dms.myflorida.com/content/download/2933/11777

GENERAL FOOD CONDITIONS (PUR 1279)

Food Commodities Grown or Produced in Florida Form (PUR 1279) In accordance with Paragraph 287.0823 (4), Florida Statues, this form is used to report the total expenditures and quantity of food commodities purchased. This form shall be submitted by August 1, 2024, and by August 1 biennially thereafter. The following shall be reported:

1. The total expenditures and quantity purchased of food commodities.

2. The total expenditures and quantity purchased of food commodities grown or produced in Florida.

3. The total expenditures of food commodities grown or produced outside of Florida.

4. A statement and assessment of the good faith efforts of, and any failures by, to comply with this section.

60A-1.002 Purchase of Commodities or Contractual Services.

(9) Agencies, state universities, and Florida College System institutions, or any contracted food service providers thereof, shall report the total expenditures and quantity of Food Commodities which were grown or produced according to the requirements pursuant to section 287.0823(4), F.S., by submitting Forms PUR 1279, “Food Commodities Grown or Produced in Florida,” and 1279A, “Spreadsheet Template,” both effective 07/24 and hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16729 and http://www.flrules.org/Gateway/reference.asp?No=Ref-16728, respectively, or on the Department’s website at https://www.dms.myflorida.com/purforms. All Food Commodities expenditures and quantities purchased must be reported to the Department no later than August 1, 2024, and each August 1 biennially thereafter. This section applies to expenditures made by an Agency, state university, or Florida College System institution pursuant to its purchase of Food Commodities.

(a) For purposes of this subsection, “Food Commodities” means either raw agricultural commodities or processed commodities, provided that they are the forms that are sold or distributed for human consumption, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product.

http://dms.myflorida.com/content/download/2933/11777 http://dms.myflorida.com/content/download/2933/11777 http://www.flrules.org/Gateway/reference.asp?No=Ref-16729 http://www.flrules.org/Gateway/reference.asp?No=Ref-16728

School Food Authority (SFA) Buy American Provision: As a participating sponsor in USDA’s National School Lunch and School Breakfast Programs, GCSPC must adhere to the ‘Buy American’ provision (7 CFR Parts 210.21(d)). Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336) added a provision, Section 12(n) to the NSLA (42 USC 1760(n)), that requires school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodity or product. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the United States and a food product processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were domestically grown. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States.

Before supplying any non-domestic products, successful bidder must provide the following documentation to the Consortium or it’s designee for approval:

• Written request for consideration on the use of a domestic alternative when competition reveals the cost of domestic is significantly higher than non-domestic food.

• Written request for use of non-domestic alternative due to domestic food not being produced or manufactured in sufficient and reasonable quantities.

Clean Air and Water Pollution Acts: Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.

7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

If this Contract is in excess of $100,000, the SFA and VENDOR shall comply with all applicable standards, orders, and regulations, including but not limited to:

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

Certification Regarding Lobbying pursuant to 31 U.S.C. 1352 (2 C.F.R. Appendix II to Part 200); and

Disclosure of Lobbying Activities pursuant to 31 U.S.C. 1352 (2 C.F.R. Appendix II to Part 200).

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension (2 C.F.R.

Appendix II to Part 200). The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733).

https://www.law.cornell.edu/uscode/text/42/7401-767 https://www.law.cornell.edu/uscode/text/42/7401-767 https://www.law.cornell.edu/uscode/text/33/1251-138

The VENDOR certifies compliance with:

Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871);

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

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

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

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

Procurement of Recovered Materials. (2 C.F.R. 200.323 Solid Waste Disposal Act)

The VENDOR is subject to the provisions of Section 2209d of Title 7 of the United States Code due to the use of federal funds for the food service program. All announcements and other materials publicizing this program must include statements as to the amount and proportion of federal funding involved.

2 CFR 200 Appendix II: Exhibit F. In addition to other provisions required by USDA and FDACS, all contracts made by the Sponsor under Child Nutrition Programs must contain provisions included in 2 CFR 200 Appendix II, as applicable.

Breach of Contract - Contracts for more than the simplified acquisition threshold must address administrative, contractual, or legal remedies in instances were contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate.

Contract Work Hours/Safety Standards Act - All contracts awarded by the non- Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR 5).

Debarment and Suspension - A contract award must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.”

Byrd Anti-Lobbying Amendment - Contractors that apply or bid for an award of $100,000 or more must file the required certification.

Procurement of Recovered Materials- A Non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

ALL ATTACHED FORMS MUST BE COMPLETED AND SIGNED.

SECTION 2 – INTRODUCTION

2.1 Statement of Purpose:

The purpose of this Invitation to Bid (ITB) is to secure competitive bids from qualified vendors to supply and deliver all food products, upon which prices are bid, identified on the Food product information price sheet(s) (Attachment IX) to various facilities throughout the state. Contract(s) resulting from this ITB would be for a period of Three ( 3) years starting October 1, 2024, through September 30, 2027, with option to extend an equal number of years. No maximum or minimum quantities or expenditures are guaranteed. The Department reserves the right to increase or decrease the quantities as needed. The Department will be responsible only for approved product items ordered and received.

2.2 Contract:

This solicitation shall be awarded on a regional (See Attachment 1X for three regions and facilities in consideration) or an all or none basis. It is desired to have a single overall bidder. A single, prime vendor is considered by the Department to be most advantageous or to constitute its best interest. On the Food product information price sheet(s) (Attachment IX) bidders shall provide a unit price for each item and a fixed delivery fee per case for each item. NOTE: bidder(s) must bid on all items for their proposal to be considered responsive. The delivery charge shall be free on board (FOB) destination. All transportation charges, including freight, fuel surcharge, handling and distribution charges shall be included in the delivery charge. NOTE: Vendor(s) must submit their fixed delivery fee per case with two (2) decimal points(i.e., $1.25 per case) in order for their proposal to be considered responsive.

Purchases shall be accomplished through issuance of MyFloridaMarketPlace (MFMP) contract(s) and purchase order(s). All Department facilities shall use the Contractor(s)’s supplied electronic ordering system for subsequent orders which shall reflect the original purchase order number in accordance with Section 3.5.

Based on the unique operational needs and available appropriations, the Department reserves the right to require the Contractor(s) to add or delete facilities upon thirty (30) calendar days written notice. Therefore, the Contractor(s) should be prepared, in advance, to make any necessary changes as required. The facilities to be included under the contract resulting from this ITB are indicated in Attachment VIII.

2.3 Cooperative Purchasing:

Pursuant to their own governing laws, and subject to the agreement of the Contractor(s), other governmental entities may be permitted to make purchases in accordance with the terms and conditions contained herein.

The Department shall not be a party to any transaction between the Contractor(s)s and any other purchaser.

As provided in Section 287.042(16), Florida Statutes, other state agencies may purchase from the resulting contract, provided that the Department of Management Services has determined that the contract's use is cost-effective and in the best interest of the State. Upon such approval, the Contractor(s) may, at its discretion, sell these commodities or services to additional agencies, upon the terms and conditions contained herein.

SECTION 3 – PRODUCT INFORMATION

3.1 Specifications

The Contractor(s) must maintain adequate stock to meet the needs of the Department.

The contractor/vendor(s) shall be capable of providing all products, or approved equivalents. Any equivalent products submitted may be subject to quality testing and nutritional approval at the discretion of the Department.

Only items on the authorized Food product information price sheet(s) (Attachment IX) may be ordered, purchased, and delivered, unless prior written approval has been granted by the Contract Manager, or designee for approved substitute or equivalent items.

All products delivered to facilities must meet or exceed United States Department of Agriculture (USDA) specifications and industry standards and have a minimum shelf-life of forty-five (45) days from delivery to consumption. Perishable products must have a minimum shelf-life of seven (7) days after receipt of delivery.

Individual product specifications are listed on the Food product information price sheet(s) (Attachment IX).

The maximum weight for packages (containers, case, etc.) shall not exceed Occupational Safety and Health Administration (OSHA) standards unless otherwise specified on the Food product information price sheet(s) (Attachment IX). Packages exceeding the maximum weight may be rejected by the facility.

The Contractor(s) shall ensure that potentially harmful products are labeled, and Material Safety Data Sheets (MSDS) provided with the appropriate products.

3.2 Contractor(s) Responsibilities:

All products specified herein shall be processed, packaged and delivered in accordance with industry standards, regulations of the Florida Department of Health (DOH), USDA, and requirements of the Federal Food, Drug & Cosmetic Act (FFDCA), and regulations promulgated thereunder.

Products will be subject to tests as determined by the Department, conducted on a random sampling basis during the term of the contract.

No sulfite agents, Monosodium Glutamate (MSG), Butylated Hydroxyanisol (BHA), Butylated Hydroxytoluene (BHT), or preservatives are to be used in production of any fresh produce items.

Produce should not contain pesticides in excess of established tolerance limits as set forth by the USEPA (United States Environmental Protection Agency) 40 CFR Part 180.

Yields shall be calculated in liquid ounces, volume or weight as per industry standard service measurements for the food involved. Weight of additive liquids, milk, shortening, water, etc., shall be computed as one hundred twenty-eight (128) ounces per U.S. gallon. Yields not shown on labels shall be verified by calculating net weight or volume according to preparation directions.

The products shall be prepared, processed and packaged under modern sanitary conditions and in accordance with good commercial practice in accordance with the code of Federal regulations, Title 21, Human Foods;

Current Good Manufacturing Practice (Sanitation).

If a product contains artificial sweeteners, the label or technical publication shall bear Federal Drug Administration (FDA) warnings.

The materials used in the ingredients shall be clean, sound, wholesome and free from infestation and other objectionable foreign matter.

3.3 Quality Control Procedures:

All food products shall have the date or coded date inscribed on it. Conversion tables shall be provided for all date codes. The Manufacturer Product Number and brand name, provided by the Contractor(s) on the Food product information price sheet(s) (Attachment IX) shall be provided on each case.

The Contractor(s) shall have instituted an established quality assurance program that complies with industry standards. This quality assurance program must detail the Contractor(s)’s quality control program(s) that will ensure compliance with the contractual requirements.

The Contractor(s) shall have a written quality control program that ensures all products are handled in a manner that complies with all Hazard Analysis Critical Control Point (HACCP) regulatory requirements as well as the Current Good Manufacturing Practices (CGMP) and Standard Sanitary Operating Procedures (SSOP). Any suppliers/manufacturers providing products to the Contractor(s) shall have verifiable HACCP programs in place at their facilities. The Contractor(s) shall monitor the quality control program of all suppliers/manufacturers.

Inspection of Facilities/Quality tests:

• DJJ reserves the right during or prior to award of any contract and throughout the proposal period, to inspect the vendor’s facilities and place of business to determine that the vendor has a regular, bona fide establishment- that is presently a going concern and is likely to continue as such.

• DJJ may conduct a quality test on products delivered to the facilities to ensure that they meet the required product specifications.

3.4 Out of Stock/Non-Available Product:

The Contractor(s) shall notify the ordering facility of out-of-stock/nonavoidable products upon receipt of order, but in no event later than forty-eight (48) hours before the scheduled delivery. If the Contractor(s) is unable to fill an order completely, they must inform the ordering facility of the “shortage” within 24 hours of receiving the order.

A substitute product may be provided with prior approval by the Contract Manager, or designee in accordance with section 3.7. Such substitutions shall be of same or better grade, quality, etc. Substitutions shall be priced using the same unit pricing methodology as the original product. Substitutions should not be made on a continuing basis. Explanation of repeated/continued substitutions shall be made to the Department. (NOTE: Out-of-stock/none or shortage of products non-available product situations may be a basis for cancellation of contract and/or charging back for open market purchase or any other appropriate remedies).

NOTE: The Department reserves the right to issue concurrent contracts or purchase orders on products that, due to increased demand or short supply from the awarded vendor, cannot be supplied in a timely manner.

3. 5 Order Process:

The facilities will choose the food item(s) from an approved product listing through a Contractor(s) supplied electronic ordering system. The system will be capable of the following:

a. confirmation, upon receipt of any order to the ordering facility.

b. notifying the ordering facility of any unavailable product(s), at the time the order is placed.

c. restricting orders to authorized items only; and

d. printing out the order once completed.

The Contractor(s) shall be responsible for clarifying any order discrepancies prior to shipment. The Contractor(s) shall be responsible for ensuring their electronic ordering system is updated on a weekly basis and providing training on their electronic ordering system on an as needed basis for Department staff.

3. 6 Delivery:

As part of the Food product information price sheet (Attachment IX), vendors are required to submit a fixed delivery fee per case for all items proposed. The fixed delivery fee per case shall be submitted in dollar value format with two (2) decimal points (i.e., $1.25 per case). NOTE: FOB Destination. All transportation charges, including freight, fuel surcharge, handling and distribution charges shall be included in your delivery charge. The delivery charge shall be included on the delivery ticket and shall be provided for each item delivered.

Deliveries shall be made once/twice per week, unless otherwise requested by the facility due to storage limitations. However, the Contractor(s) shall not make more than two deliveries per week, unless an emergency delivery is required. Product(s) shall be shipped within seventy-two (72) hours after receipt of an order. In the case of the third day being on a weekend or state holiday, delivery is expected to be made on the next working day. Deliveries must be made between 8:30 am to 4:00 pm ET, Monday thru Friday excluding Saturdays, Sundays, and state holidays, unless otherwise requested by the facility. NOTE: The manufacturer brand name, manufacturer product number and Distributor’s product number (if different) be shown on each case received by the facility. All of this information must be provided on the shipping manifest provided to the facility when the products are delivered to ensure proper identification and receiving for invoice certification.

The successful proposer will maintain sanitary conditions and otherwise meet Florida Department of Health standards in addition to local standards. All products must be delivered and maintained at the appropriate temperature for the product (i.e., frozen, refrigerated.)

Required Temperatures:

Frozen -0 degrees to -10 degrees F Refrigerated/Chilled -33 degrees to 41 degrees F

Canned/Dry -50 degrees to 70 degrees F

Frozen Products:

The maximum time products may be held in a frozen state prior to delivery shall be as follows:

Fresh frozen meat (except ground and diced meat) – sixty (60) days.

Ground and diced meats – thirty (30) days; and Cured and processed meat – forty-five (45) days.

Delivery vehicles must be designed to transport the product and be equipped as applicable with a drop lift capability for facilities as indicated on Attachment VIII. Contractor(s) must provide cart/hand truck delivery when required by ordering facility.

Delivery vehicles must be pre-cooled to the proper temperature prior to loading.

Delivery shall be made in clean, closed (i.e., semi-trailer) vehicles. When transporting food items, the vehicles shall be maintained in good sanitary condition to prevent contamination of the supplies. Delivery vehicle used to deliver items under this Contract shall be subject to inspection for sanitation. Supplies transported in vehicles which are not sanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection. Contractor(s) delivery vehicles shall be equipped to maintain the appropriate temperatures and product segregation as necessary to deliver products at proper temperatures. (In accordance with manufacturers or packers’ recommendations).

Transportation temperature recordings may be requested at any time to verify product temperature integrity.

The Contractor(s) will deliver the items in the quantity ordered, and on the date and time requested by the facility. If the Contractor(s) cannot meet the delivery schedule, the facility must be notified and the delivery made on, or before, the new agreed upon delivery date. Back orders will not be accepted. Products delivered to a facility shall be securely and properly packed for storage and stocking in appropriate, clearly marked shipping containers and according to acceptable commercial practices. No extra charge for packing materials, cases, or other types of containers will be accepted.

All deliveries shall be made as specified at each facility. Any losses resulting from the Contractor(s)’s failure to deliver within specified timeframes shall be borne exclusively by the Contractor(s).

The Food Service Director or designated receiver is required to verify prices, total quantities, and condition of merchandise at the time of delivery. Delivery personnel shall cooperate with this process. Under no circumstances shall the successful bidder sell unapproved items or items not on the bid to DJJ detention centers. Invoices/delivery tickets for unapproved products sold without prior approval from the DJJ Headquarters shall not be paid.

3.6.1 Palletized Deliveries as per Facilities Lists (Attachment VIII):

a. Shipments must be made as palletized deliveries unless otherwise approved by the facility.

b. Palletized shipments must be made on manufactured standard 40x48 inch pallets.

c. Each pallet must be shrink-wrapped, have a maximum height of 5 foot, 6 inches, and weight of no more than thirty-five hundred (3500) pounds.

d. All shipping units shall have a uniform block and tier.

e. Containers shall be strapped to pallets or shrink-wrapped to prevent movement of the load during shipping to prevent damage, to ensure prompt unloading and to avoid the need for restacking.

f. Pallets shall be returned or exchanged to Contractor(s) at time of delivery, on subsequent deliveries, or as arranged between the Contractor(s) and the ordering facility. Pallet exchange should be pallets of like materials (i.e., wood pallet for wood pallet.)

g. The Contractor(s) may utilize double palliating in shipping, however, if double palliating is used, the Contractor(s) shall be responsible for unloading and ensuring safe handling.

Mixed loads of dissimilar products are to be avoided, as well as inappropriate stacking of heavy/dense items on top of light items.

3.6.2 Product Security Requirements:

Facilities require packaging and containers that do not present security problems (i.e., wire, metal, sharp edges, glass, etc., that may possibly be fashioned into a weapon). No glass containers will be allowed. The Contractor(s) may be required to modify and/or change packaging and/or containers for delivery to all locations, in order to reduce potential security problems. There shall be no surcharge in pricing for Contractor(s)'s packaging or containers used to meet security requirements.

No product containing any form of alcohol may be shipped to any facility, unless approved by the Contract Manager or designee.

3.6.3 Emergency Orders/Deliveries:

The Contractor(s) agrees to provide emergency delivery upon request of the Contract Manager or designee. An emergency delivery is defined as: a delivery that must be made resulting from an unforeseen circumstance that cannot be accommodated by a regular scheduled delivery. The vendor(s) needs to be prepared to deliver products within twenty-four (24) hours. The successful Contractor(s) must provide facilities with the names and availability (normal business hours only) of the Contractor(s)’s representative responsible for handling such emergency service and phone numbers.

3.6.4 Food Safety & Recalled Products:

Manufacturers and distributors are expected to comply with all federal, state, and local laws and regulations regarding recalls. The proposer shall have a process in place to effectively respond to a product recall which should include the following objectives: 1) Provide accurate and timely communication to DJJ regarding a recall. 2) Ensure that unsafe products are removed from Detention center sites in an expedient, effective and efficient manner. 3) Streamline the process for reimbursement for recalled products.

Ensuring the safety of the food supply is critical to DJJ. Product recalls from the manufacturers, suppliers, FDA, or DOH, shall be promptly reported to the Contract Manager, or designee. The Contract Manager or designee shall have the ability to track all products delivered. To summarize, considerations include, but are not limited to, the following:

a. The Contractor(s) shall have a product recall program that provides for immediate notification to the Contract Manager and all facilities that have received the recalled products.

b. The Contractor(s) shall be responsible for picking up and replacing all products that are subject to recall and ensuring that all manufacturers and suppliers to the Contractor(s) have the same requirements in place.

c. The Contractor (s) issues a credit, or a one-for-one replacement item that meets the specifications of the original delivery, as approved by the Contract Manager or designee.

d. The Department shall not be responsible for the pickup and replacement cost of any recalled product. Subsequent credits must be applied, as applicable.

e. A final report shall be made to the Contract Manager or designee stating number of cases shipped, locations and number of returns.

f. A one-page summary of each proposer’s recall policy and procedures are to be submitted with proposal.

3.6.5 Returns:

The Contractor(s) shall provide, within fifteen (15) days after contract execution, a return product policy which allows for the following:

Full credit and pick-up within five (5) working days after notification of the rejected product due to incorrect delivery, spoiled, adulterated, damaged, or with insufficient shelf-life to permit safe consumption. The facility desiring credit and pick-up of items will notify the Contractor(s) within twenty-four (24) hours of discovery, or next business day, whichever comes first.

Rejected items not removed from the facility by the Contractor(s) upon the next delivery date after date of notification shall be regarded as abandoned by the Contractor(s) and the facility shall have the right to dispose of the items as its own property. The Contractor(s) shall, within twenty (20) working days after notification, reimburse the Department for any and all costs and expenses incurred in affecting removal or disposition.

The Department’s Superintendent, Assistant Superintendent, Food Service Director, Contract Manager or designee shall have the right to reject products for non-compliance at the point of delivery.

3.7 Contract Substitutions:

The Contractor(s) will be required to provide only the product(s) awarded. Substituted products delivered or provided to the Department without prior approval by the Contract Manager, or designee are prohibited, and will be returned to the Contractor(s) at the Contractor(s)'s expense and may cause termination of the contract.

In the event the product specified can no longer be provided for reasons beyond the Contractor(s)’s control (i.e. - product discontinuance), the Contractor(s) shall notify the contract manager and/or its designee and provide an alternate product request to the Contract Manager, or designee along with product cost, unit size, and nutritional analysis. The substituted product shall meet (or exceed) all terms, conditions, and specifications applicable to the original specified product. An alternate product sample may be required by the Department for review prior to acceptance. The Department reserves the right to conduct taste test(s).

NOTE: All requests for substitutions shall be submitted in writing (via email) by the Contractor(s) to the Contract Manager or designee.

3.8 Damaged Goods:

The Contractor(s) shall be responsible for filing, processing and collecting all damage claims. However, to assist the Contractor(s) in the expeditious handling of damage claims, the ordering facility will:

1. Record any evidence of visible damage on all copies of the delivery carrier’s Bill of Lading.

2. Report damage of delivered goods to the carrier and contract supplier, confirming such reports, in writing, within seven (7) days of delivery, requesting that the carrier inspect the damaged merchandise.

3. Retain the item and its shipping container, including inner packing material, until inspection is performed by the carrier and disposition given by the contract supplier.

4. Provide the Contractor(s) with a copy of the carrier’s Bill of Lading and Damage Inspection Report.

3.9 Trade Names:

All procurement transactions will be conducted in a manner providing full and open competition consistent with the standards of §3016.36. Some of the situations considered to be restrictive of competition include but are not limited to: (vi) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance of other relevant requirements of the procurement

Bids will be considered for alternate items that meet or exceed the quality level of item(s) listed.

Prior to acceptance of packer brands, all brands offered are subject to review by DJJ for compliance with the product specification requirement. If a code designation is not listed along with an approved brand, the proposer must enter the code by the brand in the space provided.

If a vendor is submitting a bid for an alternate item, they must provide ingredient list (the ingredients must be listed in descending order of predominance), product specifications and nutritional analysis. An alternate product sample may be required by the Department for review prior to acceptance.

3.10 Estimated Quantities:

The quantities listed on the Food product information price sheet(s) (Attachment 5) herein are estimates, given only as a guideline for preparing your proposal, and should not be construed as representing actual quantities to be purchased under any resulting Contract(s)

3.11 Best Pricing Available:

During the contract term, if the Department becomes aware of better pricing offered by the Contractor(s) for the same product, or a substitution product, the Department, at its sole discretion, will adjust the price under the Contract to reflect the lower price.

3.12 Rebates, Incentives or Discounts:

The Contractor(s) has the obligation to fully disclose all rebates, discounts, allowances, and incentives which the Contractor(s) receives from its suppliers resulting from this Contract. Any rebates, discounts, allowances, and incentives resulting from this Contract from any manufacturer/supplier or transportation company utilized to provide the product(s) awarded shall be passed along to the Department. The rebates, discounts, allowances, and incentives must be included in the unit price provided on the Food product information price sheet (Attachment IX).

Allowable costs will be paid net of all rebates, discounts, allowances, incentives, and applicable credits accruing to or received by the Contractor(s) or any assignee under the Contract, to the extent those items are allocable to the allowable portion of the costs billed to the Department. If the Contractor(s) receives a rebate, discount, allowance, incentive, or applicable credit from any supplier that has not been applied to the unit price, the Contractor(s) must disclose and return to the Department the full amount that is received based on the purchases made on behalf of the Department. All rebates, discounts, allowances, incentives, and applicable credits must be returned to the Department during a mutually agreed-upon time frame that is beneficial to the Department.

3.13 Sales Promotions:

In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor(s) may conduct sales promotions involving price reductions for a specified lesser period. The Contractor(s) shall submit to the Contract Manager or designee documentation identifying the proposed:

1. Starting and ending dates of the promotion.

2. Products Involved; and

3. Promotional prices compared to then-authorized prices.

3.14 Contract Modifications:

During the term of the Contract, the Department reserves the right to add or delete products upon 10 business days written notice and add or delete facilities upon thirty (30) calendar day’s written notice. Adding or deleting products may be accomplished by letter or email from the Contract Manager or designee and does not require a formal contract amendment. Adding or deleting facilities shall be accomplished through written contract amendment or formal letter from the Purchasing Director or his/her designee. The parties agree to renegotiate this Contract to comply with any applicable current or revised state laws, regulations, or increases/decreases in allocations making any changes in the Contract(s) necessary. Any changes to provisions of this Contract(s), other than product or facility changes, shall only be valid through execution of a formal written contract amendment signed by both parties.

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 Procurement Officer:

From the date this ITB is issued until a notice of intended award, rejection of all bids or other notice is made, no contact related to the ITB will be allowed between a bidder and any Department staff, with the exception of the Procurement Officers or designee. Proposers shall not contact any other employee of the Department or the State for information with respect to this solicitation. Any unauthorized contact may disqualify the proposer from further consideration. All questions and requests for clarification outside the above referenced meetings are to be directed to:

Carol Walters, General Services Analyst Purchasing Section Bureau of General Services Alexander Building, Suite 1400 2737 Centerview Drive Tallahassee, Florida 32399-3100 Telephone: (850) 756-8117 E-mail address: carol.walters@fldjj.gov

Pursuant to Section 287.057(23), Florida Statutes, Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, mailto:carol.walters@fldjj.gov except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

Any person requiring special accommodations in responding to this solicitation because of a disability should call the Bureau of General Services, Purchasing and Leasing Section at (850) 717-2749 at least five (5) days prior to any, solicitation opening or meeting. If you are hearing or speech impaired, please contact the Bureau of Procurement and Supply by using the Florida Relay Service, which can be reached at 1-800-955-8771

(TDD).

Questions will only be accepted if submitted in writing and received on or before the date and time specified for that purpose in the Timeline (Section 4.2). Responses will be posted on the Vendor(s) Information Portal (VIP) by the date referenced in the Timeline (Section 4.2).

4.2 Timeline:

The following time schedule will be strictly adhered to in all actions relative to this solicitation, unless modified by the Department by addendum to this solicitation. If the Department finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are local time in Tallahassee, Florida. (Eastern Standard Time)

Date Time Action

08/01/2024 Solicitation issued, posted on VIP

N/A N/A Pre-bid conference N/A to this solicitation

08/26/2024 2:30 PM EST All questions and/or proposed changes to the solicitation must be submitted in writing to the Procurement Officer by 2:30 PM Eastern Time (may be submitted earlier).

08/30/2024 2:30 PM EST Response to written inquires and proposed changes will be posted on the Florida Vendor Information Portal at:

VIP - https://vendor.myfloridamarketplace.com/ No later than 2:30 PM EST.

09/06/2024 2:30 PM EST Proposals due. Public bid opening at Suite 1401, Alexander Building, 2737

Centerview Drive, Tallahassee, Florida 32399-3100. All Respondents shall notify the Procurement Officer of planned attendance twenty-four hours in advance. Attendees arriving late for the bid opening will not be allowed access.

09/16/2024…