RFP 011-24 Cheese and Eggs Rebid (DRAFT with dp edits 4.30.2024).pdf

De’Nerika Johnson, MBA, CPPO, NIGP-CPP | denerika.johnson@pgcps.org 13300 Old Marlboro Pike | Upper Marlboro, MD 20772 | 301-952 6560

REBID RFP PUR-011-24 USDA PROCESSING OF CHEESE AND EGGS

REQUEST FOR PROPOSAL

ISSUED BY:

The Department of Purchasing & Supply Services

Attention: Michelle Tucker, Buyer

RFP NUMBER:

REBID RFP PUR-011-24

RELEASE DATE:

April 30, 2024

QUESTIONS DUE DATE:

PRE-PROPOSAL MEETING:

May 13, 2024 @ 1pm ET

N/A

PROPOSAL DUE DATE:

May 30, 2024 @ 11am ET

DIRECT INQUIRIES TO PROCUREMENT: Michelle Tucker michelle2.tucker@pgcps.org

Donna Parks donna.parks@pgcps.org

Diane Forde diane.forde@pgcps.org

To All Prospective Offerors:

Prince George’s County Public Schools (PGCPS) is soliciting proposals from qualified vendors for REBID

RFP PUR-011-24 USDA PROCESSING OF CHEESE AND EGGS

In order to participate in the pre-proposal conference, you must complete Attachment C - Letter of

Interest and submit no later than 2:00 p.m., May 13, 2024 to the procurement contacts listed above. While attendance at the pre-proposal meeting is not mandatory, the information presented is informative. All interested Offerors are encouraged to attend.

Solicitation Documents may be obtained by:

● Download the solicitation by accessing the Prince George’s County Public School Board’s website at the following link: https://offices.pgcps.org/purchasing/bids.aspx

● Download the solicitation by accessing eMaryland Marketplace link:

https://emma.maryland.gov/page.aspx/en/usr/login

Please respond according to the instructions provided in the RFP. Offerors are cautioned not to make changes to any of the terms and conditions or specifications in this solicitation, doing so may render an Offeror’s Proposal unacceptable and subject to rejection.

The Department of Purchasing & Supply Services is not responsible for information obtained from sources outside the Prince George’s County Purchasing Office, including downloads from the County web-site. Offerors are directly responsible for obtaining updates, changes or addendums either from the updated web-page or by contacting the Purchasing Office for instruction. If the Offeror has questions, they must be in writing and directed to the procurement contacts specified. Failure to adhere to this requirement may subject the

Offeror to immediate disqualification.

mailto:denerika.johnson@pgcps.org mailto:michelle2.tucker@pgcps.org mailto:donna.parks@pgcps.org mailto:diane.forde@pgcps.org https://offices.pgcps.org/purchasing/bids.aspx https://emma.maryland.gov/page.aspx/en/usr/login

TABLE OF CONTENTS

Contents

1. PART I: INTRODUCTION AND BACKGROUND:

2. PURPOSE

3. SUMMARY OF SERVICES

4. NON-EXCLUSIVE

5. OFFERORS IN LEGAL PROCEEDINGS WITH PGCPS

6. PERIOD OF PERFORMANCE

7. OPTION TO EXTEND SERVICE

8. CONTRACT TYPE

9. CONTINUITY OF SERVICES

10. BONDING

11. POINT OF CONTACTS

PART II: INSTRUCTIONS TO OFFERORS

1. OFFEROR KNOWLEDGE OF TERMS AND CONDITIONS

2. PROPOSAL SCHEDULE

3. PROPOSAL SUBMISSION REQUIREMENTS

4. PROPOSAL MARKINGS

5. PROPOSAL SUBMISSION LAYOUT

6. BIDDER DELIVERY AND ENVELOPE PACKAGING

PART III: SCOPE OF WORK

1. INTRODUCTION

2. BACKGROUND

3. SCOPE OF WORK

PART IV: PROPOSAL EVALUATION AND AWARD

1. EVALUATION COMMITTEE

2. EVALUATION PROCESS

3. EVALUATION CRITERIA

4. PROPOSAL AWARD

PART V: Bid Form

PART VI: GENERAL TERMS AND CONDITIONS

1. PARTNERSHIPS

2. CORPORATIONS

mailto:denerika.johnson@pgcps.org

3. SAMPLES

4. PROPOSAL PREPARATION FEES

5. RIGHT TO PROTEST

6. APPEAL OF CONTRACT AWARD DECISION:

7. COMMENCEMENT OF SERVICES

8. ADDENDA

9. STATEMENT OF CONFIDENTIALITY

10. TERM OF AGREEMENT

11. PRE-PROPOSAL MEETING – N/A

12. PAYMENT TERMS

13. MINORITY BUSINESS ENTERPRISE PROGRAM

14. LOCAL MBE INITIATIVE

15. MINORITY BUSINESS ENTERPRISE PROHIBITIONS

16. E- COMMERCE

17. CYBER LIABILITY INSURANCE

18. LIQUIDATED DAMAGES

19. FINGERPRINT CRIMINAL HISTORY BACKGROUND CHECKS, CHILD PROTECTIVE

SERVICE CLEARANCES, AND SAFE SCHOOLS TRAINING REQUIREMENTS

20. EDUCATIONAL/MEDICAL/PSYCHOLOGICAL RECORDS

21. PROTECTION OF STUDENT RECORDS

22. LEGAL COMPLIANCE

23. EPA COMPLIANCE

24. STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

25. PERSONAL IDENTIFIABLE INFORMATION (PII)

26. OFFEROR PERFORMANCE EVALUATION

PART VII: SPECIAL TERMS AND CONDITIONS

1. REQUEST FOR PROPOSAL

2. GENERAL REQUIREMENTS

3. PRICES

4. ITEM DELIVERY

5. GUARANTEE AND WARRANTIES

6. ANNULMENTS AND RESERVATIONS

7. TERMINATION OF CONTRACT

8. GOVERNING LAW & VENUE

9. CONTRACT TERMS AND CONDITIONS

10. CHANGES IN TERMS OR DELIVERY

APPENDIX A – PROPOSAL AND ADDENDA ACKNOWLEDGEMENT

APPENDIX B – PAST PERFORMANCE AND REFERENCES

APPENDIX C - NON-COLLUSION CERTIFICATE

APPENDIX D - DEBARMENT AFFIDAVIT

APPENDIX E - ANTI-BRIBERY AFFIDAVIT

APPENDIX F - CERTIFICATE OF INSURANCE COVERAGE

APPENDIX G - FINANCIAL PROPOSAL TERMS

APPENDIX H - MBE FORM

APPENDIX I – STATE OF MARYLAND TAX CERTIFICATION

APPENDIX J – CERTIFICATION OF COMPLIANCE

APPENDIX K – VENDOR CONFLICT OF INTEREST DISCLOSURE FORM

ATTACHMENT A – COST PROPOSAL FORM

ATTACHMENT B – LETTER OF INTEREST FOR PRE-PROPOSAL CONFERENCE

ATTACHMENT C – LETTER OF INTENT TO APPLY

1. PART I: INTRODUCTION AND BACKGROUND:

The Board of Education of Prince George’s County (The Board) serves the needs of public education in Prince

George’s County, covering approximately 1,789 square miles, with a residential population of more than 904,430.

Prince George's County Public Schools (PGCPS), one of the nation's 20th largest school districts, has 208 schools and centers, has approximately 131,657 students and nearly 22,000 employees and an annual operating budget of $2.3 billion.

The school system serves a diverse student population from urban, suburban and rural communities located in the

Washington, DC suburbs. PGCPS is nationally recognized for college and career-readiness programs that provide students with unique learning opportunities, including dual enrollment and language immersion. The Central administration headquarters is located at 14201 School Lane, Upper Marlboro, Maryland.

2. PURPOSE

The Board of Education of Prince George’s County (The Board) is issuing this Request for Proposal (RFP) to provide USDA PROCESSING OF CHEESE AND EGGS as defined in Part III, Scope of Work. These services are to be performed principally for the Department of Building Services; however services may be requested by other

Departments within the Prince George’s County Public School system.

3. SUMMARY OF SERVICES

This Request for Proposal (RFP) is soliciting proposals from offerors for the provision of USDA Eggs and Cheeses.

PGCPS seeks to partner with qualified USDA Foods commodity processors to provide for the processing of U.S.

Department of Agriculture (USDA) donated raw commodities into palatable end-products for use within FNS.

The specifications contained herein are intended to cover the furnishings and delivery of commodity processed

Cheese and Egg products. End product food items are to be delivered to a PGCPS FNS contracted distributor.

(A separate contract has been solicited and awarded for distribution. The awarded distributor(s) is responsible for the delivery of end-products directly to PGCPS school sites.)

Detailed specifications are contained in the RFP. Responses submitted must meet or exceed all requirements.

Proposals that do not meet or exceed all requirements will be considered non-responsive. All exceptions must be noted.

4. NON-EXCLUSIVE

The intent of this contract is to provide the Board with an expedited means of procuring supplies and/or services at the lowest cost. This contract is for the convenience of the Board and is considered to be a "Non-Exclusive" use contract. The Board does not guarantee any usage. The Board will not be held to purchase any particular Brand, in any groups, prices or discount ranges, but reserves the right to purchase any item/service listed in the price schedule submitted under Attachment A, Cost Proposal.

5. OFFERORS IN LEGAL PROCEEDINGS WITH PGCPS

PGCPS recognizes the significant costs and imposition on the time of personnel associated with legal proceedings. Accordingly, PGCPS has adopted a process stating that:

“One factor, among others, that are to be considered when awarding a contract or purchase order is the existence of a pending legal dispute – whether in court or an alternative dispute forum – with any Vendor or Offeror which has submitted a Proposal. Before including consideration of the legal dispute as a factor, the Procurement Officer shall seek the advice of the Office of General Counsel regarding the legal dispute and shall obtain the concurrence of the CEO or his designee.”

6. PERIOD OF PERFORMANCE

The term of this Contract begins on the date the Notice of Award is signed by both the Offeror and The BOARD

(the “Effective Date”) and shall continue for a period of three (3) years (“Initial Term”). In its sole discretion, The

Board shall have the unilateral right to renew the Contract for two (2) one-year option periods successive (each a

“Renewal Term”) at the prices established at contract award. “Term” means the Initial Term and any Renewal

Term(s).

7. OPTION TO EXTEND SERVICE

The Board may require continued performance of any services within the limits and at the rates specified in the contract. The option to extend provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 12 months.

8. CONTRACT TYPE

The contract resulting from this solicitation shall be Fixed Rate requirements. Vendors are encouraged to partner with local Offerors or firms if they don’t meet all the required expertise or MBE requirements. Subcontractor and or teaming partner information shall be included in response.

9. CONTINUITY OF SERVICES

The Vendor recognizes that the services under this contract are vital to the PGCPS and must be continued without interruption and that, upon contract expiration, a successor, either the PGCPS or another vendor, may continue them. The Vendor agrees to exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

10. BONDING

The Offeror may be required to submit a Bid and or a Performance Bond as indicated below.

A. BID BOND (Not Required) If applicable, the bid bond will be in the amount of five percent (5%) as determined by the BOARD and specified in the RFP, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that may exceed $100K. (COMAR 21.06.07.10). The bond must be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983.

B. PERFORMANCE AND LABOR BOND (Not Required)

The awarded vendor(s) will be required to submit a performance and/or labor bond, Cashier’s or Certified

Check in the amount of one hundred percent (100%) of the project cost as determined by the BOARD and specified herein to ensure all phases of the project are satisfactory complete for which a contract or purchase order is awarded that exceeds 100K. (COMAR 21.06.07.10). When applicable, the Board reserves the right to request performance and labor bond for amount over or under $100K. The bond, cashier or certified check must be made in favor of the BOARD OF EDUCATION OF PRINCE

GEORGE’S COUNTY and mailed to 13300 Marlboro Pike, Upper Marlboro, Maryland 20772-9983 prior to the start of performance.

11. POINT OF CONTACTS

The Offeror’s performance will be under the direction of the Procurement Department ensuring the Offeror's compliance with the requirements of this contract to include managing the daily activities of the contract, providing guidance to the contract, and coordination. The Offeror shall be accountable to the end users on all matters relating to the scope of work.

PROCUREMENT CONTACTS TECHNICAL CONTACT

Michelle Tucker, Buyer Patrice Puertollano

Michelle2.Tucker@pgcps.org (Do Not Contact)

Donna Parks, Supervisor

Donna.Parks@pgcps.org

Diane Forde, Procurement Clerk

Diane.Forde@pgcps.org mailto:denerika.johnson@pgcps.org mailto:Michelle2.Tucker@pgcps.org mailto:Donna.Parks@pgcps.org mailto:Diane.Forde@pgcps.org

PART II: INSTRUCTIONS TO OFFERORS

1. OFFEROR KNOWLEDGE OF TERMS AND CONDITIONS

Before submitting Proposals, Offerors are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting a Proposal. Offeror shall acquaint themselves with all State and Federal governing laws, ordinances, etc. and otherwise familiarize themselves with all matters, which may affect the

Proposal. The act of submitting a Proposal shall be considered as meaning that the Offeror has so familiarize themselves; therefore, there shall be no misunderstanding or lack of information. Offerors, or their authorized representatives, are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting Proposals. Failure to do so will be at the Offeror's own risk and Offeror cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors of omission or commission on the part of

Offerors.

All correspondence concerning the Proposal and contract, including Notice of Award, copy of Contract, and

Purchase Order, will be provided electronically.

2. PROPOSAL SCHEDULE

The proposal schedule include milestone with target dates. Please adhere to the schedule unless notified by way of an Addendum.

Solicitation Milestones Milestone Date

1 Issue RFP Solicitation April 30, 2024

2 Pre-Proposal Conference Date and Time N/A

3 Questions Due Date and Time May 13, 2024 @ 1:00 p.m.

4 Addenda May 15, 2024

5 Proposal Due Date and Time May 30, 2024 @ 11:00 a.m.

3. PROPOSAL SUBMISSION REQUIREMENTS

In order to be eligible, Proposals must be received via eMaryland MarketPlace Advantage (eMMA) no later than May 30, 2024 @ 11:00 a.m. ET. The Proposal shall consist of the required documentation for each volume as identified. Offerors shall retain one (1) original copy of the Proposal for their files. PGCPS may request the original notarized documents that were posted electronically before final award execution.

The electronic Proposal shall show the full business address, telephone number, email and fax number of the Offeror and be signed by the person or persons legally authorized to sign contracts and commit the company.

4. PROPOSAL MARKINGS

All Proposals shall be submitted without redactions. All sections of the Proposal that are considered Confidential or Proprietary shall be clearly marked within the Proposal. The Offerors’ shall provide justification for any and all confidential or proprietary information. Justification must be on a separate piece of paper and submitted with the Technical Proposal.

5. PROPOSAL SUBMISSION LAYOUT

The completed bid documents(s) should be without interlineations, alterations, or erasures. The bid should present all information in a concise manner, neatly arranged, legible, and in terms understandable for evaluation. All information requested is to be addressed directly and completely. It is more desirable to give additional information than less when the answer could be misinterpreted. The submission layout will include four (4) parts:

GENERAL FORMAT- FOUR-PART SUBMISSION

● Volume I - Technical Proposal

● Volume II - Minority Business Enterprise (MBE)

● Volume III – Cost Proposal

● Volume IV - Appendices

6. BIDDER DELIVERY AND ENVELOPE PACKAGING

The bidder shall deliver their Proposal electronically through eMMA and package their bid in two separate eMMA envelopes as noted below.

A. VOLUME I – TECHNICAL PROPOSAL (Envelope One) The Technical Proposal shall be submitted in PDF format. Offerors shall not include any pricing. Offeror shall include a table of contents and all pages in the technical proposal must be numbered, consecutively from beginning to end and separated by tabs as described below:

1) TAB A – TRANSMITTAL LETTER

Offeror shall include a brief transmittal letter prepared on the Offerors’ letterhead, and signed by an individual who is authorized to commit the Offeror to the services and requirements in the RFP and Proposal. This transmittal letter shall include:

a) The name, title, address, telephone number, and electronic mail address of the person authorized to bind the Offeror to the contract and the person who will receive all official notices concerning this RFP.

b) The Offerors’ Federal Tax Identification Number or Social Security Number.

c) The Offerors’ PGCPS iSupplier ID Number must be listed. To obtain an iSupplier ID number, you must register with PGCPS at https://www.pgcps.org/offices/purchasing/isupplier

d) A brief statement of the Offerors’ understanding of the work to be done, the commitment to perform the work, and a statement of why the firm believes it is best qualified to perform the work specified in RFP.

e) A statement that the Proposal is a firm and irrevocable offer for a period of one hundred twenty (120) days following the closing date for receipt of initial Proposals or the closing date for receipt of a best and final offer, if applicable.

2) TAB B – LEGAL CLAIMS

Offeror shall identify any claims during the past three (3) years and provide information on any pending litigation, lawsuits etc. The failure to provide accurate information may be determined to be a material breach of any future agreement or contract with The Board. If applicable, the Offeror must state no claims exist.

3) TAB C – EXPERIENCE AND CAPABILITIES

Offeror shall prepare and present a Technical Proposal in such a way as to provide a straightforward description of response to experience and qualifications, product quality, demonstrated capacity to perform, past performance and references to satisfy the requirements of the RFP.

https://www.pgcps.org/offices/purchasing/isupplier

4) TAB D – ADDITIONAL DOCUMENTS TO BE SUBMITTED WITH BID

1. Value Pass-Through System Procedures (USDA Foods) -- See Part IV, Section 2.3 of the RFP for more information

2. HACCP Compliance Procedures and Food Safety Plan – See Part IV, Section 2.7 of the RFP for more information

3. Recall Procedures -- See Part IV, Section 2.6 of the RFP for more information

4. Product Specification Sheets (See Part IV, Section 4.1 for more information)

B. VOLUME II - MINORITY BUSINESS ENTERPRISE (MBE) (Envelope One) Offerors shall submit MBE information electronically in eMMA under the Technical Proposal folder in a separate file, titled as such. A MBE goal of 15% has been established for the contract representing a percentage of the total Contract dollar value, including all renewal option terms. Minority Businesses included in the Proposal package at time of opening, cannot be changed without prior approval of the

Director of Purchasing and Supply Services.

By submitting a response to this RFP, the Offeror acknowledges the overall MBE participation goal and commits to achieving the overall goal by utilizing certified minority business enterprises, or will include a full or partial waiver of the overall goal with the Proposal.

1) Offerors shall describe how they intend to meet the MBE goals or justify why the goal cannot be met.

C. VOLUME III – COST PROPOSAL (Envelope Two) The Offeror cost proposal shall include all labor, delivery, materials, tools, and equipment to perform work

All pricing shall remain fixed for the full contract term, including renewals thereto unless an escalation or adjustment is included herein. Offerors should not include any portion of their Technical Proposal in its Cost Proposal.

1) Offerors shall provide the Cost Proposal in excel format (Attachment A). Do not amend, alter, or leave blank any items on the Proposal Form or include additional clarifying or contingent language on or attached to the Proposal Form. Items or costs required to provide the services and deliverables as proposed, but not identified will be the sole responsibility of the Offeror. Bidders shall not modify or delete the formulas embedded in the Excel spreadsheet. DO NOT SUBMIT

HANDWRITTEN OR PDF VERSIONS OF THE AGGREGATE BIDS.

2) The Offeror shall demonstrate its financial stability. The Offeror shall include a fiscal integrity / financial statement for the last two calendar years. If the Offeror has not had its financial statements audited by an independent accounting firm, the Offeror must submit such un-audited financial statements.

D. VOLUME IV - Appendices (Envelope Two)

Offerors shall submit the Appendices electronically in eMMA under the Technical Proposal folder in a separate file, titled as such. The Offeror shall sign, date, and notarize where applicable all appendices identified. Appendices shall be packaged together as one file and delivered under Volume IV.

o Appendix A – Proposal and Addendum Acknowledgement o Appendix B – Past Performance and References o Appendix C – Non-Collusion Certificate o Appendix D – Debarment Affidavit o Appendix E – Anti-Bribery Affidavit o Appendix F – Certificate of Insurance Coverage o Appendix G – Financial Proposal Form o Appendix H – MBE Form o Appendix I – Certificate State of Maryland Tax Certification o Appendix J – Certification of Compliance o Appendix K – Vendor Conflict of Interest Disclosure Form

Failure to provide any of the requested information or documents in this solicitation may render the

Proposal non-responsive.

PART III: SCOPE OF WORK

1. INTRODUCTION

Prince George’s County Public Schools (PGCPS) Department of Food and Nutrition Services (FNS) is soliciting proposals from qualified USDA Foods commodity processors to provide for the processing of U.S. Department of Agriculture (USDA) donated raw commodities into palatable end-products for use within FNS. The specifications contained herein are intended to cover the furnishings and delivery of commodity processed

Cheese and Egg products. End product food items are to be delivered to a PGCPS FNS contracted distributor. (A separate contract has been solicited and awarded for distribution. The awarded distributor(s) will deliver end-products directly to PGCPS school sites.)

2. BACKGROUND

The Board of Education of Prince George’s County (The Board) serves the needs of public education in Prince George’s County, covering approximately 1,789 square miles, with a residential population of more than 967,000. It is the second largest public school system in the State of Maryland. The Board operates 240 facilities over a ten-mile radius, which includes Pre-K, elementary, middle, and high schools as well as special education centers and alternative schools.

The school system serves a diverse student population from urban, suburban and rural communities located in the Washington, DC suburbs. PGCPS is nationally recognized for college and career-readiness programs that provide students with unique learning opportunities, including dual enrollment and language immersion. The Central administration headquarters is located at 14201 School Lane, Upper Marlboro, Maryland.

3. SCOPE OF WORK

Technical Specifications

3.1 Compliance with Regulations

All products specified herein shall comply with all regulations of the Maryland Health Department, the United

States Department of Agriculture (USDA), the Prince George’s County Health Department, and the requirements of the Federal Food, Drug, and Cosmetic Act and the regulations promulgated there under.

3.2 USDA Processed Donated Foods

Under the terms and conditions of this contract the vendor(s) will convert various USDA Foods to end-products and deliver products to the District. The District desires to fully use USDA food entitlement in the year earned. Each USDA food product will have a commercial equivalent, and the processed commodity and the commercial equivalent shall be the same portion size, essentially the same formulation, and be packed in a case of equal count and weight. Likewise, both products shall require the same preparation methods and holding characteristics. The procurement specification for the commercial product shall be equal to or superior than the USDA specification and the transaction is recorded for accountability purposes.

When sufficient USDA food items are not available, the District may require end-product manufactured from non-commodity items, of equal or better quality, to be provided by the vendor. The USDA foods to be processed include, but are not limited to, the following:

USDA FOOD DESCRIPTION USDA COMMODITY CODE

Eggs Bulk 100047

Barrel Cheese 110242

Mozzarella Cheese 110244

Mozzarella Loaves 100022

Tomato Paste Bulk Totes 100332

In the event of loss or damage to the District’s commodity products by the Vendor, the Vendor agrees to replace or purchase the lost or damaged products at fair market value per USDA current guidelines.

3.3 Value Pass-Through System (USDA Foods)

In order to sell processed goods, the vendor must have a USDA approved Summary End Product Data

Schedule (SEPDS) and be approved as a processor in the state of Maryland. Processors must provide the

District with written instructions on the state approved Value Pass-Through System of any USDA Foods

(Direct Discount, Fee for Service, Modified Fee for Service, Net Off Invoice, or Rebate system).

All distributors must have the technical capability to enable the district to participate in all USDA approved value pass through methods.

3.4 Buy American Provision

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)], requiring 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 that is 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 grown domestically. 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. The Buy American provision [7 CFR Part 210.21(d)] is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs.

There are limited exceptions to the Buy American provision which allow for the purchase of foods not meeting domestic standards in circumstances when use of domestic foods is truly not practicable. These exceptions are as follows:

3.4.1 The product is not produced or manufactured in the United States (U.S.) in sufficient and reasonable quantities or a satisfactory quality; or

3.4.2 Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

Awarded Vendor(s) must provide written communication to PGCPS Food and Nutrition Services indicating the product, country of origin, reason(s) product is unavailable domestically, and time-frame for the use of non-domestic product(s).

3.5 Food Safety

The Supplier must incorporate the Hazard Analysis Critical Control Point (HACCP) principles in its standard operating procedures and will have a HACCP plan on file that meets with District approval and will be followed. This plan must include recall/hold control procedures including but not limited to:

3.5.1 Traceability systems in place from receipt of commodity product to delivery of processed items to designated delivery site.

3.5.2 Provision of 24 hour/7 days a week accessibility to Supplier staff in the event of a USDA

Hold/Recall.

3.6 Product Recall/Recall Procedures

The successful bidder must provide PGCPS FNS Recall Procedures that include handling general food recalls and handling recalls of USDA Foods, if applicable. Two (2) contact persons must be provided within the procedures, both with 24-hour, 7 days a week (24/7) contact. In addition, the successful bidder may be responsible for picking up product and providing replacement, payment, or credit at PGCPS FNS’ discretion. Replacement, payment, or credit for recalled items shall be made within 30 days of the date of notification to PGCPS FNS. The successful bidder must adhere to all USDA directions for USDA Foods recall. All costs associated with the product recall, which include, but are not limited to transportation and handling costs, shall be borne by the contractor.

3.7 HACCP Compliance

Respondent must provide documentation of their HACCP procedures and Food Safety Plan including employee training/monitoring procedures.

3.0 NUTRITION STANDARDS

3.1 Nutrition Policy: PGCPS FNS requires that all food items have only the minimum amount of sodium, fat, sugar, and/or other additives that are absolutely necessary for food preservation and safety, while still providing a product with good flavor, texture, and palatability. The finished product must be a product with good flavor and texture that is palatable to students.

3.2 Trans Fat: State law prohibits any food items containing artificial Trans-fat unless the manufacturer's documentation or the nutrition facts label lists the Trans-fat content as less than

0.5 grams per serving. A food item contains artificial Trans-fat if it contains partially hydrogenated vegetable oil.

3.3 Labeling: All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration. All ingredients shall be listed by their common or usual name in descending order of predominance by weight. Labels must also include a list of any “Top 8” allergens present in the product. These include milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, or soybeans. Packages shall clearly be labeled with product name, open code dating, and weight. Cases of product must indicate pack code or expiration date. If code is encrypted, the Vendor shall provide PGCPS FNS with the key from the manufacturer to decode information.

3.4 Ingredients: All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration.

PGCPS FNS discourages the use of the following ingredients: monosodium glutamate (MSG), high fructose corn syrup (HFCS), Trans fatty acids/partially hydrogenated oil, Aspartame or Acesulfame-Potassium, red dye #40, and yellow dye # 5. PGCPS FNS reserves the right to award or not award items that contain any of the preceding ingredients. The PGCPS FNS may request information regarding the presence or absence of gluten, or any other ingredient, at any time.

3.5 Nutrition Information (must include Added Sugar): In order to accommodate the computerized menu system used by PGCPS FNS, the successful bidder shall be required to provide a complete nutrient analysis of products, as requested PGCPS FNS. The following information will be required from the manufacturer: weight (gm), calories (kcal), carbohydrate (gm), fiber (gm), sugar (gm), protein (gm), total fat (gm), saturated fat (gm), trans fats (gm), cholesterol (mg), sodium (mg), iron (mg), calcium (mg), Vitamin A (I.U.), and Vitamin C (mg). Vendor must submit with their quotation package all nutrient documentation for items that do not exactly match the requested manufacturer, brand, and product code on the bid, or in cases where a manufacturer, brand, or product code are not specified by the PGCPS FNS. Such documentation shall include Nutrition Facts panels, ingredients lists, CN labels (where applicable), Product Formulation Statements (where applicable), and the Nutrient Data Submission Form.

3.6 Whole Grain and Whole Grain Rich: Products qualify as whole grain or whole grain rich, if 51% or more of the product is made with whole grains, or the first ingredient is as whole grain.

3.7 Healthy Hunger Free Kids Act of 2010: Vendors awarded contracts must be familiar with the final rules and regulations set forth for the National School Lunch and Breakfast Programs. Guidance for these requirements can be found at:

http://www.fns.usda.gov/cnd/governance/legislation/nutritionstandards.htm

3.8 Added Sugar: Added sugars include sugars that are added during the processing of foods (such as sucrose or dextrose), foods packaged as sweeteners (such as table sugar), sugars from syrups and honey, and sugars from concentrated fruit or vegetable juices. They do not include naturally occurring sugars that are found in milk, fruits, and vegetables.

4.0 GENERAL SPECIFICATIONS

4.1 Product Specification Sheets

Respondents are required to provide with their electronica and hardcopy bid product specification sheets for each processed, prepackaged item (Group D and E) that will be bid. Descriptive information for each specification sheet must include the following information:

• Item Description

• Brand Name/Manufacturer

• Product Code

• Pack Size

• Case Dimensions

• Nutrition Information

• Ingredient List

• Shelf-Life

4.2 Group and Item Number

Respondents should indicate the Group and Item Number on each product specification sheet by making it the title of the document in the file. For example, Item A-1 Apple Slices. Failure to submit the proper documentation may be cause for rejection of the bid. Review of product documentation may take up to two

(2) weeks.

mailto:denerika.johnson@pgcps.org http://www.fns.usda.gov/cnd/governance/legislation/nutritionstandards.htm https://www.fda.gov/food/nutrition-facts-label/added-sugars-nutrition-facts-label

4.4 Sanitation/Safety

The successful vendor will warrant that all food shall be fresh, clean, wholesome upon delivery, and prepared in properly equipped facilities under modern sanitary conditions in accordance with the best commercial practice. All items shall be free from decay, discoloration, foreign matter, and shall pass through metal detection before packaging. Containers shall be clean, sound, compact, sturdy, and sealed. If the food has already been delivered, the successful proposer will be required to pick up the unacceptable food and issue a credit or provide a replacement. All products shall bear visible freshness code dates and shall meet industry standards for remaining shelf life upon delivery to the distributor.

4.5 Manufacturer’s Date Code

Vendor shall notify PGCPS FNS if the manufacturer’s code is one of the following: Sell-by or Pull-by date;

Use-by date; Expiration date; Best-by date, or Pack date (state how long product is good for from pack date). The vendor must provide PGCPS FNS with an explanation of the manufacturer’s expiration code date. All product delivered shall have a minimum sixty-day shelf life at the time of delivery, with the exception of Fresh Bakery and Fresh Produce. Products that do not meet these criteria need approval from the Director of FNS or designee. Any deliveries that do not meet these criteria may be refused.

4.6 Use of Recycled or Sustainable Products

When possible, recycled materials should be used in the manufacture of the products requested. When the use of recycled materials is not feasible or cost effective, consideration will be given to companies who can demonstrate their products are “sustainable”. Bidders should indicate in their response whether the item has been manufactured with recycled materials or are sustainable.

4.7 Packaging

All containers [and all products within containers] must be packed in adequate material to protect the product(s) against damage during transportation, storage, and holding. Damaged containers, cartons and/or containers not adequately closed/secured will not be received, and returned for credit.

In addition, no polystyrene shall be used for sale or packaging according to Council Bill 5-2015 legislation which prohibits the sale and use of certain polystyrene products, commonly known as Styrofoam, in Prince

George’s County.

4.8 Notification of Product Reformulation

If at any time during the contract period an awarded item is reformulated, packaged differently, or changed in some other way, vendor must provide the District with updated ingredients list, Nutrition Facts panels, CN labels (if applicable), and Product Formulation Statements (if applicable). Additionally, any time one of these documents is revised, the vendor must send revised copies to the District.

PGCPS Food and Nutrition Office must be notified within 30 days of any ingredient, nutritional, preparation process, or packaging changes in the awarded product.

Random sampling and testing of products received may be performed. Should any item fail to meet specifications, quality or condition as sampled, PGCPS shall require the respondent to remove any such item from every school, and full credit shall be given to PGCPS for the total amount of product removed.

4.9 Ordering

The contractor must have an online ordering system. Multiple order guides must be available and have the ability to restrict access by school type. The online screen procedures, including online screen names & passwords, are to be approved by the Director of FNS or designee prior to commencement of online ordering. A 99% rate of online order availability will be maintained for all items contained in this contract.

All schools will place orders based on approved menus. The first delivery order for the school year will be made before school closures in June for all non-perishable items. Completion of all initial deliveries must be accomplished prior to the first day of school.

Schools may not place or make changes to their orders by calling the vendor directly. All changes must be made online by 12:00 P.M., three (3) business days before the delivery date. Deviation from this method needs approval from the Director of Food and Nutrition Services or designee.

4.10 Minimum Orders

PGCPS reserves the right to reject proposals/bids with minimum order quantities if the quantity cannot be stored or the level of usage/movement of the product is low and/or not in accords with normal use.

4.11 Deliveries

PGCPS’s Authorized Food Distributor(s) will place orders and schedule deliveries. The designated distributor(s) and delivery location(s) will be communicated to the awarded vendor(s) upon award. Vendors shall only deliver products that have been awarded and approved by the Director of FNS or designee.

Items that have not been approved shall not be supplied without prior written approval by the Director of FNS or designee. Failure to comply may be cause for termination of the contract.

Products are to be delivered with incremental continued just-in-time deliveries throughout the school year.

If delays occur, Processor must provide commercial product of equal or greater quality to USDA specification to produce desired end-product(s) at the contracted price. The Processor holds liability of commodity value and fee for service value of end-product until delivery has been finalized at the delivery location. Products will be shipped and invoiced to PGCPS’ distributor based on agreed upon value pass through system (Fee for Service, NOI, Rebate, etc…) through a Distributor program. Determination of where the product will be shipped will be determined solely by the FNS Director or designee.

All material items delivered to the PGCPS’ authorized Distribution Center as part of this proposal must be

F.O.B. delivered with freight charges prepaid. The processor(s) must take all necessary steps to ensure that their warehouse facilities/vehicles can safely and securely store and transport the products. It is the processor’s responsibility to hold the frozen product at a uniform temperature of 0 degrees Fahrenheit or lower and cooler/dry products at 36-38 degrees Fahrenheit until the time of delivery. At the time of delivery, the product should show no evidence of defrosting, refreezing, or freezer deterioration. Presence of products showing deviations from the requirements will cause rejection of the involved product or delivery.

The successful processor’s delivery trucks must have temperature logs when transporting freezer/refrigerated products to the distribution center. If the temperature log is not computerized and automatically records temperatures during the route, the driver must record at the beginning of the route, at least two (2) additional stops during the route and at the last stop of the route. PGCPS may request a copy of a specific delivery route’s temperature log if an issue occurs.

4.13 School Closings/Emergencies

The successful vendor(s) shall be responsible for keeping informed of holidays and emergency school closings. Non-scheduled closings shall be posted on the PGCPS website: http://www.pgcps.org/. In the case of school closings due to inclement weather or other emergency closings, de l i ve r ies w i l l be reschedu led fo r t he next day of school. The Director or FNS or designee will notify the vendor(s) of any order adjustments due to school closings.

4.14 Delivery Delays/Back Orders/Shortages

Shortages on orders placed are the responsibility of the awarded contractor(s) and shall be delivered to schools in sufficient time to meet menu requirements. If a delivery will be held up for a period greater than one (1) week due to back ordered items, the awarded contractor(s) must notify the Director of FNS or designee of the expected delivery date.

4.15 Notification of Late or No Delivery

The successful vendor shall promptly notify the Director of FNS or designee a minimum of 24 hours in advance if an item cannot be delivered within the specified delivery time. PGCPS FNS reserves the right to purchase food at a fair market value from another source. The vendor shall pay PGCPS FNS the price difference between the original bid price and the price of the substituted food item(s). Late deliveries and product shortages can result in the vendor being recommended for default, as defined in the contract. In addition, PGCPS FNS has the right to transfer USDA commodity.

4.16 Condition of Product at time of Delivery

Vendors shall assure that refrigerated trucks are used to protect perishable products during transport and that these trucks comply with all ServSafe/Hazard Analysis Critical Control Point (HACCP) regulations.

Upon delivery, all products shall be in compliance with applicable specifications and will be examined by

FNS managers or staff for cleanliness and soundness. The successful vendor must credit FNS the full value of any product that is discovered to have an expired date code, is defective, or is considered to have been tampered with in any way prior to its arrival at the PGCPS’ school sites. This includes any hidden damage discovered after acceptance and delivery at the PGCPS’ school sites.

4.17 Delivery Temperatures

All frozen foods shall be delivered in a hard frozen state at 0 degrees Fahrenheit or below. Partially thawed products with evidence of thawing and re-freezing will be rejected at the time of delivery. All refrigerated products shall be delivered at a product temperature of 35 to 40 degrees Fahrenheit, and shall have been maintained at this temperature at all times during storage and shipment. All dry products shall be at 50–70 degrees Fahrenheit.

4.18 Liquidated Damages

The School District will be reimbursed for each meal sold, providing the meal meets certain requirements.

Therefore, if any supplier fails to deliver on time or delivers for use, any items which do not meet the bid specifications, and subsequently the School District is determined to be ineligible for reimbursement by any authority having jurisdiction, then the vendor shall be responsible for reimbursing the School District for the amount of the loss incurred. The District shall hold the successful Vendor l iable and responsible for all damages which may be sustained because of his/her failure to comply with any conditions herein.

http://www.pgcps.org/

4.19 Pricing

All prices shall be F.O.B. Destination and shall remain firm for the first year of this contract. Prices quoted shall be based on finished product weight received, including all applicable labor, materials, shipping, and fuel charges

4.20 Price Escalation

The pricing submitted for the initial term of the contract will remain fixed until June 30, 2024. Pricing agreed to for the first and second renewals will remain fixed throughout each contract period ending June 30, 2025, and June 30, 2026, respectively. The vendor may only petition for an increase in pricing annually on the anniversary date of each renewal period. Increases considered by the District will be evaluated by using the percentage of change between the previous year and the current year’s Consumer Price Index (C.P.I.)

for all Urban Consumers. Price increases shall not exceed the rate of inflation determined by the C.P.I.

appropriately adjusted for the 12-month period preceding the month in which the request is submitted by the Vendor. If the vendor requests price increases that exceed the rate of inflation determined by the CPI, the contract may not be renewed. The District reserves the right to accept or reject the price increase and may choose to re-bid the contract if it is deemed to be in the best interest of the District.

4.21 Price Decrease

If prices decrease during the term of this contract, the successful vendor must notify the District of the lower prices so that all subsequent orders will reflect accurate pricing. The lower prices shall remain in effect for the balance of the contract period, or for as long as the lower prices are in effect.

4.22 Promotions and Rebates

It shall be the responsibility of the awarded bidder(s) to inform FNS of products qualifying for the promotional rebates (money or otherwise) during the duration of the contract.

The awarded bidder(s) shall be responsible for providing all necessary forms and documentation needed to obtain the product rebate. Rebates missed by FNS will be reimbursed by the awarded bidder(s) for either the failure to provide the necessary documentation and forms or the failure of the manufacturer to supply the rebates as guaranteed.

4.23 New or Obsolete Products

New products are considered throughout the school year. Manufacturers or Brokers must send nutrition specifications with ingredient list and component contribution to the Food and Nutrition Specialist. When a manufacturer is awarded as a processor of USDA Foods for PGCPS, then new products may be considered for use. If a manufacturer is not selected as a processor for USDA Foods for PGCPS, then new items may still be considered or added under a different food contract (i.e. Frozen, Refrigerated or Dry Goods).

PGCPS reserves the right to add new products during the duration of this contract, as long as the product is tested and approved by PGCPS. PGCPS also reserves the right to remove items from this contract, if product is no longer needed.

4.24 Product Substitution and Shortages

This contract does NOT allow for product substitution without written authorization from the Director of Food and Nutrition or designee. The successful vendor shall promptly notify the Food and Nutrition Director or designee a minimum of 24 hours in advance if an item cannot be delivered within the specified delivery time.

An equal or better substitute product must be made available to the District immediately for approval and subsequent distribution to school sites, at no additional charge to the District for product, freight, or redelivery to District sites. All substitutions in quality and quantity must receive prior approval from the Food and

Nutrition Director or designee in order to qualify for payment. If substitution is unavoidable due to market conditions, Vendor must provide equivalent item for District approval at no additional cost the District for the product or freight. The Vendor shall designate one representative, to be available by 7:00 a.m. on each delivery day, to have the authority to make decisions regarding shortages and product substitutions.

4.25 Food/Product Cancellation

Products on contract may be cancelled during the contract period due to modifications in the nutrient composition of food or beverages mandated by the Maryland State Department of Education, other State, Federal, or Prince’s George County Board of Education regulations.

4.26 Product Complaints

FNS managers shall complete a Product Evaluation Report (Attachment B) any time they receive defective, deficient, or otherwise irregular shipments. This form shall be used to measure the performance of the awarded vendor. Failure to comply with the specifications contained herein considered evidence of poor performance. If a pattern of practice of poor performance continues, it may be cause for termination of the contract.

PGCPS FNS reserves the right to return any damaged or spoiled items and receive full credit for same.

A signed delivery ticket shall not imply that items received were in good condition, only that the items were received.

4.27 Usage Reports

Vendor must provide accurate Usage Reports to the District that contains the total usage of all items under contract. These reports shall include total monthly and year-to-date quantities and dollar amounts per item.

The report shall include the following: product description, unit pack, brand name, total quantities purchased

(i.e., case or broken case unit), cost per item, and total extended cost for each item. Usage reports shall be submitted within 15 calendar days after the end of each month or as otherwise requested. Monthly payments may be withheld at the discretion of the District until acceptable reports are received.

4.28 Military Access – N/A

PGCPS services schools on Andrews Air Force Base. Drivers are required to pass security clearance in order to access the base.

4.29 Solicitation or Acceptance of Gifts

No PGCPS employee having official responsibility for a procurement transaction shall solicit, demand, accept or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. PGCPS may recover the value of anything conveyed in violation of this section.

4. 30 Gifts and Gratuities

It is the policy of the District not to accept gifts, gratuities, or favors of any…