RS901119_Revised_Contract.pdf

Index No.: GDC065 Eff. Date: 10/01/24

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: FOOD ITEMS NOT AVAILABLE FROM OTHER MANDATORY STATE TERM

CONTRACTS

CONTRACT No.: RS901119 EFFECTIVE DATES: 11/01/18 to 09/30/21 *Renewal through 09/30/25

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. RS901119 that opened on 08/20/18. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed.

The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 36 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to All State Agencies, State institutions of higher education and properly registered members of the Cooperative Purchasing Program of the Department of Administrative Services, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

SPECIAL NOTE: State agencies may make purchases under this Requirements Contract up to $2500.00 using the State of Ohio payment card. Any purchase that exceeds $2500.00 will be made using the official State of Ohio purchase order (ADM- 0523). Any non-state agency, institution of higher education or Cooperative Purchasing member will use forms applicable to their respective agency.

This Requirements Contract and any Amendments thereto are available from the DAS Web site at the following address:

http://www.ohio.gov/procure

Signed: __________________________________________________________ Kathleen C. Madden, Director Date

*Indicates renewal through 09/30/25, per amendment 7.

https://procure.ohio.gov/pdf/Instructions_010118.pdf https://procure.ohio.gov/pdf/StandardT_Crev010118.pdf

Eff. Date: 10/01/22

TABLE OF CONTENTS

CLAUSES PAGE NO.

*Special Contract Terms and Conditions 3-6 Delivery and Acceptance 3 Minimum Order 3 Evaluation 3 Contract Award 3 Nutritional Information 4 Disclosure of Subcontractors 4 Usage Reports 5 Contractor Revenue Share 5 *Prohibition of the Expenditure of Public Fund for Offshore Services 6

*Specifications 7-13 *Scope 7 *Requirements 7-11 *Product Quality 7-8 *Delivery 8-9 *Product Acceptability 9 *Ordering Procedure 10 *General Requirements 10 *Contractor Qualifications 10-11 *Pricing 11-12 *Delivered Price 11 *Cost Determination 11-12 *Price Changes 12 *Contractor Responsibilities 12-13 *Contractor’s Contact 12-13 *Ordering System 13 *Accounting Records 13

CONTRACT ITEMS

*Item Price Pages 14 *Contractor’s Index 15

*Appendix A: Contractor’s Account Contact List 16 *Appendix B: Applicable Documents 17 *Appendix C: Current Delivery Schedules 18-19

*Indicates repagination, per amendment 4.

Eff. Date: 11/01/18

SPECIAL TERMS AND CONDITIONS

AMENDMENTS TO CONTRACT TERMS AND CONDITIONS: The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

DELIVERY AND ACCEPTANCE: Supplies will be delivered to the participating agency within seven (7) days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency. Acceptance (transfer of title) will occur upon the inspection and written confirmation by the ordering agency that the supplies delivered conform to the requirements set forth in the Contract. Unless otherwise provided in the Contract, acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

MINIMUM ORDER: No order shall be placed against a contract awarded pursuant to this bid for less than five hundred ($500.00) dollars per order.

DESCRIPTIVE LITERATURE: The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible Bidder. If not provided as part of the bid response, the Bidder must provide said literature within ten (10) calendar days after request/notification by the Office of Procurement Services to do so. Any references, that may appear in the descriptive literature, that may alter the terms and conditions and specifications of the bid (e.g. F.O.B. Shipping Point or Prices Subject to Change), will not be part of any contract and will be disregarded by the state of Ohio. Failure of the Bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the Bidder not responsive.

PRODUCT SAMPLES: The Bidder(s) may be required to submit samples of the supplies being offered. The samples will be used in the evaluation process to determine the lowest responsive and responsible Bidder. The Bidder will be required to provide the samples within seven (7) calendar days after notification. Failure to provide the samples within the stated time period will result in the Bidder being deemed not responsive. After award of the contract, the samples will be used as a basis of comparison with actual product delivered under contract. Any variation between the samples and product being delivered will be considered as an event of default. Any variations between the samples and actual product being delivered that are due to manufacturer changes may be acceptable and shall require prior written approval from DAS.

EVALUATION: Bids will be evaluated in accordance with Article I-17 of the “Instructions to Bidders”. In addition, the State will:

determine the lowest responsive and responsible Bidder by low lot total.

For purpose of bid evaluation and ranking of bids, there is a market basket listed for each category on the bid pricing pages for which the Bidder shall show cost and category markup. For purpose of bid evaluation, the Bidder shall use the cost effective for the week beginning July 22, 2018.

During the evaluation, the State shall calculate the percentage markup and add it to the Bidder’s Cost (per case) to obtain the delivered case price. The delivered case price shall be multiplied by the estimated annual usage (per case) to obtain a line item total. Line item totals within each category shall be added to obtain a lot total for the product category. The lot totals for all product categories shall be added together, including the flat fee for no loading dock (per delivery) to obtain a grand total.

The State reserves the right to consider slightly different pack sizes on a prorated basis. However, the State will not prorate portion sizes (i.e. if a 4 oz. portion is listed and a 5 oz. portion is offered, no prorating will occur). If a smaller portion size is offered, the product offered will be deemed not responsive (i.e. if a 4 oz. portion is listed and a 3 oz. portion is offered, the product offered will be deemed not responsive). The Bidder shall quote on all items listed on the pricing pages. A bid may be considered not responsive if costs are not provided for all items. The State reserves the right to delete any item from any category during evaluation. In the event an item is deleted, evaluation will be made based on the remaining items. Although estimated usages are based on prior years sales reports, products and quantities listed on the pricing pages are utilized solely for the purpose of bid evaluation and do not denote actual products/quantities to be purchased during the term of any contract issued pursuant to this bid.

CONTRACT AWARD: The contract will be awarded to the lowest responsive and responsible Bidder by low lot total. Failure to bid all items may result in the Bidder being deemed not responsive.

SPECIAL TERMS AND CONDITIONS (CONT’D)

MEAT/POULTRY ESTABLISHMENT: The Bidder must offer meat or poultry product(s) from an establishment that is licensed by the Ohio Department of Agriculture or that is producing meat or poultry products under Federal inspection by the United States Department of Agriculture. Any Bidder not offering product from a properly licensed or inspected establishment shall be deemed not responsive.

Please list the Establishment names and registration number that will be providing the products under Contract.

Establishment Name: ______________________________

USDA Establishment No. _______________ or Ohio Dept. of Agriculture License No.: _________________

The Contractor may not change an Establishment unless prior written approval is granted by DAS. Failure to list the Establishment name and number or ODA License Number that will be producing the meat or poultry product will result in the Bidder being deemed not responsive.

NUTRITIONAL INFORMATION: Upon request, the Contractor shall submit nutritional information of requested products in an electronic format within five (5) business days after request.

DOCUMENTATION: The following documentation shall be submitted with the bid response.

1. FDA Registration: Pursuant to the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the

Bioterrorism Act) all domestic and foreign facilities that manufacture, process, pack or hold food for human or animal consumption in the United States are required to be registered with the Food & Drug Administration (FDA) no later than December 12, 2003. This registration includes owners, operators, or agents in charge of domestic or foreign facilities that manufacture/process, pack, or hold food for human or animal consumption in the United States. All domestic facilities, whether or not food enters interstate commerce, are required to register. Facilities may complete their registration with the FDA online at: https://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/default.htm

2. The Bidder’s food safety certification as described in Section II.F.3.

3. The Bidder’s documentation of cost as described in Section III.B.2.

BID AUTOMOBILE LIABILITY CHECKLIST: Contractor will indicate, by checking the appropriate box(es) below, which mode of transportation will apply to this contract.

X Bidder/Broker (“The Contractor”) or their Sub Contractor will make delivery or be performing services using a vehicle that is owned, leased or rented. Provide Certificate of Insurance documenting automobile liability with a Combined Single Limit of $500,000.00.

Goods/Services will be delivered via common carrier.

No employee or representative of the Contractor will have cause to be on state property to make deliveries or to perform Services.

DISCLOSURE OF SUBCONTRACTORS / JOINT VENTURES (See Standard Contract Terms and Conditions, Section (roman numeral V. General Provisions: Paragraph Q.,): List names of subcontractors who will be performing work under the Contract.

Sysco Cincinnati, Inc.

By the signature affixed to Page 1 of this Bid, Bidder hereby certifies that the above information is true and accurate. The Bidder agrees that no changes will be made to this list of subcontractors or locations where work will be performed, or data will be stored without prior written approval of DAS. Any attempt by the Bidder/Contractor to change or otherwise alter subcontractors or locations where work will be performed or locations where data will be stored, without prior written approval of DAS, will be deemed as a default. If a default should occur, DAS will seek all legal remedies as set forth in the Terms and Conditions which may include immediate cancellation of the Contract. Failure to complete this page may deem your bid not responsive.

https://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/default.htm

SPECIAL TERMS AND CONDITIONS (CONT’D)

USAGE REPORTS: The contractor shall provide four (4) reports to the Office of Procurement Services on a quarterly basis.

1. Aggregate Total: Total sales (cumulative to date) for the contract (all sites) by value (not a breakdown by site) for the applicable quarter

2. By Descending Value: A descending listing by total spend for each item product purchased for the applicable quarter.

3. By Item: Sales for each item/product listing showing quantity and total spent for the applicable quarter.

4. By Location: Individual listing of total dollar spend and line items purchased by institution/customer in descending value for the applicable quarter.

Reports shall include only items purchased by the state under any term contract issued pursuant to this bid. Items purchased under another term contract or under any institution's direct purchasing authority shall not be included.

COOPERATIVE PURCHASING CONTRACT: This Contract may be relied upon by Ohio institutions of higher education and Ohio political subdivisions. Ohio political subdivisions include any county, township, municipal corporation, school district, conservancy district, township park district, park district created under Chapter 1545 of the Revised Code, regional transit authority, regional airport authority, regional water and sewer district, port authority or any other political subdivision as described in the Ohio Revised Code. To qualify to use this Contract the political subdivision must be currently enrolled in the State’s Cooperative Purchasing Program. Purchases made from this Contract by a political subdivision that is not properly registered with the State’s Cooperative Purchasing Program will be a violation of law and may be contrary to the political subdivision’s competitive bidding requirements. If a political subdivision or institution of higher education relies upon this Contract to issue a purchase order or other ordering document, the political subdivision or institution of higher education “steps into the shoes” of the State under this Contract. The political division’s or institution of higher education’s order and this Contract are between the Contractor and the political subdivision or institution of higher education. The Contractor must look solely to the political subdivision or institution of higher education for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to political subdivisions and institution of higher education’s orders and political subdivision’s and institution of higher education’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a political subdivision or institution of higher education.

CONTRACTOR REVENUE SHARE: The Contractor must pay the Department of Administrative Services (DAS) a revenue share of the sales transacted under this contract. The Contractor must remit the revenue share in U.S. dollars within thirty (30) days after the end of the quarterly sales reporting period. The revenue share equals 0.75% of the total quarterly sales reported. Contractors must include the revenue share in their prices. The revenue share is included in the award price(s) and reflected in the total amount charged to ordering agencies which includes both state agencies and political subdivisions using this Contract.

The contractor must remit any monies due as the result of the close-out report at the time the close-out report is submitted to DAS. The Contractor must pay the revenue share amount due by check. To ensure the payment is credited properly, the Contractor must identify the check as a “Revenue Share” and include the Ohio Contract Management Remittance Report

The Contractor should make the check payable to: Treasurer, State of Ohio.

Use the following address for same day or overnight deliveries:

Huntington National Bank

ATTN: L-3686

7 Easton Oval Columbus, OH 43219

All other deliveries may be sent to the following address:

Department of Administrative Services L-3686 Columbus, OH 43260-3686

If the full amount of the revenue share is not paid within thirty (30) calendar days after the end of the applicable reporting period, the non-payment constitutes a contract debt to the State. The State may either initiate withholding or setting off payments or employ the remedies available under Ohio law for the non-payment of the revenue share.

If the Contractor fails to pay the revenue share in a timely manner, DAS may suspend, terminate or cancel this Contract.

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SPECIAL TERMS AND CONDITIONS (CONT’D)

**PROHIBITION OF THE EXPENDITURE OF PUBLIC FUND FOR OFFSHORE SERVICES: No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

**Indicates the addition of the Prohibition of the Expenditure of Public Fund for Offshore Services special term, per amendment 4.

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SPECIFICATIONS

I. SCOPE

The state of Ohio is seeking a Contractor to provide and distribute food products to state institutions and agencies (see institution list—Appendix D) within the state of Ohio. The intent of any contract issued pursuant to this Invitation to Bid is to allow agencies to procure the food products that they need to continue their food operation. Any item available from another state term contract shall not be purchased under any contract issued pursuant to this ITB.

Some of the current state term contracts for food products will be terminated with the inception of any contract awarded pursuant to this ITB.

II. REQUIREMENTS

A. Product Quality

1. Products provided shall meet or exceed United States Department of Agriculture (USDA), state, and industry standards and requirements with respect to conformance to standards in respect to, but not limited to, weights, measures, fill of container, drained weights, contamination, and condition upon delivery and shall be the same as furnished to the general trade. When seasonally available, and quantity and of competitive price, the State’s preferences is for Ohio-grown produce. Information on Ohio products and Ohio growers can be found at http://ohioproud.org/ or http://ohiovegetables.org/.

2. Products provided shall be not less than Grade B when product grades or standards exist.

3. Products provided shall meet commercial standards when there is no grade or standard.

4. All frozen processed food products which contain meat, poultry or significant proportion of eggs, shall be processed or prepared in plants operated under the supervision of the USDA. The product will be inspected and approved in accordance with the regulations of the USDA governing meat, poultry or egg inspection. A label or seal, affixed to the container, indicating compliance with these regulations will be accepted as evidence of compliance. The product must bear a label complying with the Federal Food, Drug and Cosmetic Act which requires that all ingredients be listed according to the order of their predominance.

5. All frozen products which contain fish or fish products shall be processed or prepared in plants under the supervision of the United States Department of Commerce (USDC). The products listed in the USDC, National Oceanic and Atmospheric Administration (NOAA) Seafood Inspection Program– publication titled “Approved Establishments” are processed in plants under federal inspection of the National Marine Fisheries Service. National Oceanic and Atmospheric Administration, USDC. The inspected products packed under various labels bearing the brand names are produced in accordance with current U.S. Grade standards or official product specifications, packed under optimum hygienic conditions, and must meet federal, state, and city sanitation and health requirements. Such brand label or USDC seal, affixed to a container, indicating compliance with USDC regulations will be accepted as evidence of compliance. In lieu thereof, the shipment may be lot inspected by the USDC and containers stamped to indicate acceptance, or a Certification of Inspection issued to accompany the shipment. The product must bear a label complying with the Federal Food, Drug and Cosmetic Act, which requires that all ingredients be listed according to the order of their predominance.

6. Producers of frozen bakery product, which are shipped in interstate commerce, are required to comply with the Federal Food, Drug and Cosmetic Act. Therefore, it must be verified that the product, in fact was shipped interstate or that the producer ships products to other purchasers interstate. In addition, the product must bear a label complying with the Act, which requires that all ingredients be listed according to the order of the predominance.

7. Canned Goods: All cases and cans must be in good condition at time of delivery and shall, under proper storage conditions, have a shelf life of at least six (6) months. Rusted and dented cans will not be accepted.

Cans must bear an approved label on the side display panel as approved by the federal Food and Drug Administration, rules and regulations under the federal Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act. Cans labeled on the ends only are not acceptable. All items delivered must be of the latest season's pack.

8. Preservation, Packaging, and Packing: Unless otherwise specified, preservation, packaging, and packing shall be to a degree of protection to preclude damage to containers and/or contents thereof under normal shipping conditions, handling, etc., and shall conform to normal commercial practices and applicable carrier rules and regulations involving shipment from the Contractor to the institution for storage. Shipping containers shall be in compliance with National Motor Freight Classification and Uniform Freight Classification (issue in effect at time of shipment).

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SPECIFICATIONS (CONT’D)

9. Products provided shall have a freshness parameter that allows facilities sufficient time for consumption prior to deterioration.

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

a. Fresh Frozen Meat (except ground and diced meat): Ninety (90) days

b. Ground and Diced Meat: Forty-five (45) days

c. Cured and Processed Meat: Forty-five (45) days

B. Delivery

1. Contractor shall deliver and unload orders to any state institution located within the state of Ohio.

2. Delivery shall be F.O.B. destination, freight prepaid.

3. Contractor shall have capacity to deliver within seven (7) days ARO.

4. Deliveries shall be made during normal business hours, Monday through Friday, with the exception of state holidays, or as mutually agreed.

5. Delivery appointment is required.

6. Contractor may experience delays during delivery due to security issues caused by, but not limited to, vehicle being processed into institution grounds, inmate count, lockdown, or adverse weather, including fog.

7. Stacking/Shrink Wrapping: Stacked product shall be adequately strapped or shrink wrapped to prevent tipping and other movements during shipping so as to prevent damage, to ensure prompt unloading, to avoid the necessity of restacking, etc.

8. Palletization: Shipments may be requested as palletized deliveries; and if requested, shall conform to the following:

a. Manufacturers standard 40" x 48" partial 4-way shipping pallets are acceptable.

b. Maximum height: 7'6" (including pallet).

c. Maximum weight: 3500 pounds (including pallet).

d. Pallets are to be securely banded or shrink wrapped.

e. The cost of palletizing must be included in the unit price.

f. Pallet exchange is satisfactory with all warehouses.

9. Product integrity, wholesomeness, safety, fitness, etc. shall be preserved by maintaining proper temperature during delivery using proper vehicle.

a. Items requiring protection from heat shall be shipped and stored at a temperature below 50° degrees

Fahrenheit.

b. Refrigerated items shall be transported in a vehicle pre-cooled to a minimum temperature of 35° degrees Fahrenheit and a maximum temperature of 40° degrees Fahrenheit. Vehicle shall be capable of maintaining temperature within specified range to destination(s).

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c. Frozen items shall be transported in a vehicle pre-cooled to 10° degrees Fahrenheit or lower prior to loading and capable of maintain 0° degrees Fahrenheit or lower to destination. Product should be loaded in vehicle as promptly as possible to minimize product temperature rise. At destination, product shall be hard frozen with no signs of defrosting and temperature of product shall not be above 0° degrees Fahrenheit.

d. Vehicles used for mixed loads of frozen and refrigerated product will be required to be pre-cooled or preheated to a minimum of 35° degrees Fahrenheit and a maximum of 40° degrees Fahrenheit and shall be capable of maintaining the chilled portion of the load temperature within that range to destination(s). The frozen product in the load shall be completely segregated by effective measures which will prevent damage to the other products in the load by installing effective insulating barrier(s) at time of loading.

10. Receiving Procedure: At time of delivery, items shall be checked against the invoice by institution personnel and the Contractor's driver. Corrective action, e.g. replacement of missing or damaged product, shall be provided within seventy-two (72) hours.

11. Emergency Service: The State may require, on occasion, emergency service for delivery or for institution pickup of products. Contractor shall have staff or an emergency contact available on a twenty-four (24) hour basis.

The following emergency information shall be provided: contact person, telephone number, additional charge, and any other conditions applicable.

C. Product Acceptability

1. If an institution rejects a product due to damage, unacceptable substitution, unacceptable quality (poor quality, taste, color, etc.), outdated product, etc., the issue shall be resolved within seventy-two (72) hours of notice by the receiving institutions to the Contractor. If the problem cannot be resolved within seventy-two

(72) hours, either the institution or the Contractor may appeal to the Office of Procurement Services, whose decision shall be final.

The Contractor shall accept returns for replacement or credit, as determined by the institution, under the following conditions:

a. Products shipped in error (incorrect item or quantity)

b. Products with visible or concealed damage

c. Products recalled

d. Products of unacceptable quality

2. Verification of Quality/Sampling: Institutions have the right to request verification that the specifications and grades for products are being met by the Contractor.

3. Samples and Testing: The State reserves the right to request samples from the Contractor at no charge and to have tested any product purchased by the State in order to determine whether the product is acceptable and meets specifications and grades.

4. Recall Notification: In the event of a product recall, the Contractor shall provide written notification to the

Office of Procurement Services and each institution as soon as possible. The notices shall include, at a minimum, a complete product description, contract and delivery order number, reason for the recall, and disposition instructions. The Contractor shall provide product replacement or credit for any product removed or recalled. Each institution shall have the option of either accepting replacement product or receiving credit for product removed/recalled.

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D. Ordering Procedure

1. The Contractor shall provide an electronic ordering system.

2. The Contractor shall accept electronically transmitted and facsimile orders.

3. The Contractor shall provide acknowledgement of electronic order within two (2) hours; orders transmitted via facsimile shall be acknowledged within twenty-four (24) hours.

4. Order changes shall be submitted by the institution no later than forty-eight (48) hours prior to scheduled delivery.

5. If an order requires clarification, it is the Contractor's responsibility to contact the institution for resolution prior to delivery.

6. Out of Stock/Not Available Product: Contractor shall not substitute product or packaging without the agreement of the ordering institution. Contractor shall notify the ordering institution of unavailable product as soon as practical after receipt of order, but in no event later than the day before delivery. Suitable substitutions shall be made with the consent of the institution. Such substitutions shall be of the same grade, quality, etc.

7. Restocking Fee: If an institution orders an item in error, the Contractor shall make allowance for return and credit, less any applicable restocking fee.

8. Surcharge: Should the Contractor impose a surcharge for a relatively small number of slow-moving items (due to item being stored offsite from the distribution facility), such items shall be flagged in the ordering system so that the user is aware of the surcharge at the time of order placement.

E. General Requirements

1. The delivered product shall comply with all applicable federal and state mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution and sales of the product within the commercial marketplace.

2. All commodities and services to be furnished hereunder shall conform to the specifications as noted herein.

All product shall be processed in the United States.

3. Bidder shall be a full line institutional food distributor and maintain a business establishment with adequate inventories of complete product lines as identified and contained in all product categories listed herein. The Contractor’s full product list, that meet the scope of this ITB, shall be available to the state institutions and agencies included in this ITB.

4. Guaranty: By the signature affixed on page 1 of this bid, Contractor guarantees that, as of the date of delivery to the State or the State's agent, the product(s) offered is (are) not adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act ("the ACT"), and not an article which may not, under the provisions of section 404, 505, or 512 of the Act, be introduced into interstate commerce.

F. Contractor Qualifications

1. The Bidder shall demonstrate the ability to process and ship 78 orders to 17 locations per month.

2. Distribution center shall meet all FDA, USDA, Ohio Department of Health, and American Bakers Association requirements.

3. Distribution center shall maintain food safety certification and will provide it as part of their bid response.

4. The Bidder must have a Quality Assurance Program with procedures to monitor on a continuous basis the quality of products being provided. Shall include a method of monitoring, identifying, and correcting deficiencies in the quality of products furnished to the State.

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5. Upon request, the Bidder must provide documentation that a 97% or better fill rate has been maintained for the past twelve (12) months for large customers. The Bidder/Contractor will be required to provide the documentation within seven (7) calendar days after notification. The State reserves the right to request monthly documentation of Bidder’s/Contractor’s fill rate.

6. If requested during evaluation, the Bidder shall submit a list of vehicles and a description of how delivery schedules will be implemented to illustrate the Bidder's ability to make deliveries to all facilities in an efficient and timely manner and in accordance with the requirements specified herein.

III. PRICING

A. Delivered Price

The delivered price of all items purchased under any contract issued pursuant to this bid shall consist of two (2) separate components: cost and markup.

1. Cost: The cost shall be the supplier's delivered selling price to the Contractor. If the supplier's price is other than F.O.B. destination, freight prepaid, the actual transportation costs to the Contractor's warehouse that directly serves institutions shall be included. Actual transportation costs must reflect internal charges (e.g.

back hauling or internal freight management) or external charges (e.g. outside freight company). Cost shall be determined without deviated pricing. For the purpose of bid evaluation, deviated pricing shall be defined as special prices or allowances (different from the Bidder's standard commercial method of pricing) provided by a manufacturer/packer/processor to a distributor for specific customers/customer groups. Failure to bid without deviated pricing will deem your bid not responsive. Rebates are not allowed in the bid evaluation but shall be passed on to the State during the contract period.

2. Markup: The markup shall be a firm, fixed distribution factor offered as a percentage of the product cost which represents all elements of the delivered price to the State other than the supplier cost to the Bidder/Contractor. The markup shall include, but is not limited to, the Contractor's projected general and administrative overhead, packaging costs, transportation costs from the Contractor's distribution center to the ordering institutions; any other projected expense associated with the Contractor's function, and anticipated profit. The distribution price shall be a fixed percentage markup for all items within a product category (see following example). The percentage markup shall not increase during the term of the contract. A decrease on the percentage of markup is permitted at any time during the contract.

Example: Product Cost = $10.00

Markup = 5% Delivered Price = $10.00 x 1.05 = $10.50

3. The price to be charged to institutions shall be the price in effect on the date of order placement.

4. All institutions shall be charged the same price for a product.

5. The price on the ordering system shall be the final price (cost plus markup).

6. Cost shall be based on up to one (1) delivery per week per institution.

B. Cost Determination

1. Method of Cost Determination: Contractor shall utilize their standard commercial method of determining product cost (e.g. last invoice, average monthly invoice, etc.) and such shall be the basis for determining either the next week's or month's pricing. The same method of determining product cost shall be utilized throughout the contract period.

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2. Documentation of Cost: Documentation of costs for the time period specified herein (legible copies of supplier invoices and bills of lading) shall be submitted with the bid response in an electronic format (CD or thumb drive) for each item listed in the pricing pages. The invoices shall include, but shall not be limited to, the following information: supplier company name, Bidder company name, invoice number, invoice date, delivery date, item description, quantity, and price. The product cost documents should be organized so as to be in the same order as listed in the pricing pages and it should be apparent which invoices apply to each item. If shipping costs are listed separately on a bill of lading and the charges including shipping of products from another supplier's invoice, the Bidder should provide copies of other invoices applicable to the bill of lading in question and demonstrate allocation of shipping charge applicable to the item in the bid pricing pages. If the Bidder is not using the "latest invoice" method of determining cost, all information pertinent to verifying cost should be included with documentation.

3. The state reserves the right to verify costs by contacting the contractor's suppliers and shippers. Failure on the part of the contractor's suppliers and/or shippers to provide the requested information within fourteen

(14) calendar days of request may be the basis to terminate the contract, direct the contractor to use another supplier, or initiate other appropriate action.

C. Price Changes

1. Pricing shall be firm for meat, poultry, fish, dairy products, oil products, produce, and cheese for a period of seven (7) days. For all other items, pricing shall be firm for a period of thirty (30) days.

a. The effective date of price changes for meat, poultry, fish, dairy products, oil products, produce, and cheese shall be Monday of the following week.

b. The effective date of price changes for products eligible for monthly price changes shall be the first

Monday of the following month.

2. Adjustments made to the product prices shall only reflect changes in the supplier's prices which have taken effect during the previous week or month, as applicable, and shall not reflect notices of future price adjustments.

3. Contractor shall maintain documentation to support actual price changes and the Contractor shall not be entitled to any price increase that is not support by documentation. The documentation must be made available to the State upon request.

D. Payment Methods

The Contractor may receive orders made by Ordering Agencies by telephone, facsimile, electronically, in person, payment card, or purchase order from authorized employees of the Ordering Agency. The Contractor should expect normal processing fees from its merchant bank for payment card transaction which may not be passed on to the agency making the purchase.

IV. CONTRACTOR RESPONSIBILITIES

Contractor shall provide products to the state of Ohio under the specifications, terms, and conditions specified herein.

A. Contractor's Contact

The Contractor shall designate a contact who shall serve as a liaison between Contractor and institutions, be responsible for operation and administration of the contract, be responsible for reports/audit documentation, and who must respond to the Office of Procurement Services and institutions in a timely manner.

Contractor shall provide the following customer support to institutions:

1. Telephone customer service representatives available during normal business hours (9:00 a.m. to 5:00 p.m.)

to assist with routine issues related to ordering, shipment, and billing.

Page 13*

2. Field service representatives, if necessary, to resolve issues.

3. Emergency Service, as specified herein.

B. Ordering System

Institutions capable of electronic data interchange, as well as the Office of Procurement Services, shall be provided software by the Contractor at no charge. The software provided under the contract shall be capable of allowing institution personnel to place orders and, at a minimum, to review:

1. Contractor's product line with item descriptions

2. Current prices

3. Product packer/processor and brand name

4. Product nutrition information

The ordering system shall also have an area for entry of the contract number and PO number on all orders placed under any contract issued pursuant to this bid. The software shall remain the property of the Contractor. The Contractor shall be responsible for installation, maintenance, and/or replacement of software. The Contractor must provide training in use of the software to each using institution. The Contractor shall be responsible for removing software for each institution at the expiration or termination of the contract. The Contractor shall not be responsible for any costs incurred from any repairs or neglect caused by the State, such as improper application, alteration or by external factors such as air conditioning and humidity control deficiencies. No institution with Contractor's online ordering system shall be without a functioning ordering system for more than three (3) working days. Contractor shall provide online ordering system to institutions requesting same within thirty (30) days of request.

C. Accounting Records

The Contractor and all subcontractors shall maintain all pertinent financial and accounting records and evidence pertaining to the contract in accordance with generally accepted principles of accounting and other procedures specified by the state of Ohio. Financial and accounting records shall be made available upon request to the state of Ohio, its designees or the Ohio Auditor of State at any time during the contract period and any extension thereof, and for three (3) years from expiration date and final payment on the contract or extension thereof.

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PRICE SCHEDULE

Product Categories: For the purpose of pricing, all items purchased under this contract will be assigned to one of the product categories listed below. Contractors shall offer a markup for each product category. The markup shall be expressed as a percentage.

Bidders shall not insert a unit cost more than 3 digits after the decimal point. Digit(s) beyond 3, after the decimal point, shall be dropped by the Office of Procurement Services and not used in evaluation and any subsequent order.

OAKS

Item ID

Product Category

Percentage Markup

35048

Category I: Dry Grocery (canned, boxed, thickening agent – ambient products)

4.75 %

35049

Category II: Frozen Foods (entrees, fruits, vegetables, juices, etc.)

35050

Category III: Meats, Poultry, and Seafood (fresh, frozen and precooked)

35051

Category IV: Refrigerated Foods (includes produce and dairy products)

*Discount to be given for use of payment card: ___0____% or $___0_____

*Discount to be given for pickup of order by institution: ___0____% or $___0_____

*Restocking Fee for items ordered in error by institution: ___0____% or $____0____

*Surcharge for Slow-Moving Items: $ 0 per case

*Surcharge for second delivery per week: $ 0 per delivery (Note: Each delivery still must meet the minimum order requirement of at least five hundred ($500.00) dollars per order).

* Product Packaging contains recycled material: Yes No (Please circle response); if yes, ___Unknown____%

* Shall not be included in evaluation

Flat Fee for no loading dock (per delivery): _____0______

Eff. Date: 02/09/24

CONTRACTOR INDEX

CONTRACTOR, TERMS, AND DELIVERY: BID/CONTRACT NO.: RS901119

72290 Sysco Cleveland, Inc. TERMS: Net 30 Days 4747 Grayton Rd Cleveland, OH 44135 DELIVERY: 7 Days ARO

REMIT TO:

72290 Sysco Food Services Cleveland, Inc P.O. Box 94570 Cleveland, OH 44101

*CONTRACTOR'S CONTACT: Paul Zentner Toll free: (800) 584-4580 Telephone: (216) 201-3732 E-Mail: Paul.Zentner@sysco.com

IT/MIS CONTACT: Customer Tech Support Toll Free: (281) 584-1190

*Emergency Contact Information: Institutions shall contact their customer service representative. If unable to contact customer service representative, contact the following emergency contact:

Sysco Cleveland:

Paul Zentner, Contract & Bid Manager 216-201-3732

*Indicates update to contact information, per amendment 6.

mailto:Paul.Zentner@sysco.com

Eff. Date: 02/09/24

APPENDIX A

CONTRACTOR’S ACCOUNT CONTACT LIST

Institution

Sales Person Name

Toll Free Number

Inside Sales Person Name

Toll Free Number

Circleville Juvenile Correctional Facility

Mary Ann Panzeca Sysco Cin

513-518-2627

Customer Service

1-800-927-6099

*Columbus Developmental Center

Paul Zentner Sysco Cle

216-201-3712

Cleveland Customer Service

1-800-584-4580

*Cuyahoga Hills Juvenile Correctional Facility

*Eastern Ohio Correctional Center

Gallipolis Developmental Center

*Indian River Juvenile Correctional Facility

*Mt. Vernon Developmental Center

*Northwest Ohio Developmental Center

*Ohio School for the Deaf

*Ohio State School for the Blind

Ohio Veterans Home – Georgetown

*Ohio Veterans Home (Secrest Giffin) – Sandusky

*Ohio Veterans Home (Veterans Hall)

– Sandusky

Paul Zentner Sysco Cle 216-201-3712 Cleveland Customer

Service

1-800-584-4580

Southwest Ohio Developmental Center

513-518-2627 Customer Service

*Tiffin Developmental Center

*Warrensville Developmental Center

*Indicates update to contact information, per amendment 6.

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APPENDIX B

APPLICABLE DOCUMENTS

United States Code of Federal Regulations (USCFR) – Title 21: Food and Drugs, as applicable -https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR

Federal Trade Commission, The Fair Packaging and Labeling Act, 15 U.S.C. §§ 1451-1461 -https://www.ftc.gov/enforcement/statutes/fair-packaging-and-labeling-act

United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) Meat, Poultry and Egg Product Inspection Directory - https://www.fsis.usda.gov/wps/portal/fsis/topics/inspection/mpi-directory

United States Department of Commerce (USDC), National Oceanic and Atmospheric Administration (NOAA), Seafood Inspection Program, Participating Establishments - https://www.fisheries.noaa.gov/topic/seafood-commerce-certification

United States Department of Agriculture (USDA) Quality Standards - https://www.ams.usda.gov/grades-standards

United States Department of Agriculture (USDA) Commercial Item Descriptions - https://www.ams.usda.gov/grades-standards/cids

National Motor Freight Traffic Association, Inc. – The National Motor Freight Classification (NFMC) -http://www.nmfta.org/pages/nmfc

Ohio Department of Agriculture (ODA), Licensing Requirements for Food Safety – http://www.agri.ohio.gov/apps/odalicensing/odalicensing.aspx?div=Food Safety

Ohio Department of Agriculture (ODA), Regulation, Wholesale Foods -http://www.agri.ohio.gov/divs/foodsafety/foodsafety.aspx#tog

United States Department of Agriculture (USDA) Grade Standards for Fresh Vegetables and any amendments thereto. Grade standards for vegetables are available at: https://www.ams.usda.gov/grades-standards/vegetables

United States Department of Agriculture Grade Standards for Fresh Fruits and any amendments thereto. Grade standards for fruits are available at: https://www.ams.usda.gov/grades-standards/fruits

Perishable Agricultural Commodities Act (PACA), 1930 (7 U.S.C. Parts 46 through 48 and 50 through 52) and any amendments thereto. The specified clauses from the Code of Federal Regulations are available at:

https://www.ams.usda.gov/rules-regulations/paca

Ohio’s Fresh Fruit and Vegetable Harvest Calendar. The harvest calendar is available at:

https://ofbf.org/whats-in-season/ https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR https://www.ftc.gov/enforcement/statutes/fair-packaging-and-labeling-act https://www.fsis.usda.gov/wps/portal/fsis/topics/inspection/mpi-directory https://www.fisheries.noaa.gov/topic/seafood-commerce-certification https://www.ams.usda.gov/grades-standards https://www.ams.usda.gov/grades-standards/cids https://www.ams.usda.gov/grades-standards/cids http://www.nmfta.org/pages/nmfc http://www.agri.ohio.gov/apps/odalicensing/odalicensing.aspx?div=Food%20Safety http://www.agri.ohio.gov/divs/foodsafety/foodsafety.aspx#tog https://www.ams.usda.gov/grades-standards/vegetables https://www.ams.usda.gov/grades-standards/fruits https://www.ams.usda.gov/rules-regulations/paca https://ofbf.org/whats-in-season/

Page 18*

APPENDIX C

Current Department Of Youth Services Delivery Locations, Schedules, And Times (Reference Only)

Facility Current Deliveries Per Month Location Current Delivery

Times

Cuyahoga Hills Juvenile Correctional Facility 4

4321 Green Road Highland Hills, Ohio

44128

Every Wednesday 8:00 am-12:00 pm 1:00 pm-3:30 pm

Circleville Juvenile Correctional Facility 4 640 Island Road Circleville, Ohio 43113

Monday–Friday 8:00 am-11:30 am

Indian River Juvenile Correctional Facility 4

2775 Indian River Road Massillon SW, Ohio

44646

Monday 8:00 am-3:30 pm

Current Ohio Department Of Developmental Disabilities Delivery Locations, Schedules, And Times (Reference Only)

Times Northwest Ohio Developmental

Center 4 1101 S. Detroit Ave. Toledo, OH.

43614

Monday-Friday 7:30 am-2:00 pm

Mount Vernon Developmental Center 8 1250 Vernonview Dr.

Mt. Vernon, OH. 43050 Monday-Friday

8:00 am-4:00 pm

Columbus Developmental Center 4 1601 W. Broad St. Columbus, OH.

43222

Monday-Friday 7:00 am-2:00 pm

Southwest Ohio Developmental Center 4 4399 E. Bauman Ln., Batavia, OH.

45103 Monday-Friday

5:30 am-9:00 am

Gallipolis Developmental Center 4 2500 Ohio Ave.

Gallipolis, OH 45631

Monday-Friday 8:30 am-3:30 pm

Warrensville Developmental Center 4 4325 Green Road, Highland Hills, OH. 44128

Monday-Friday 8:00 am- 12:00 pm 1:00 pm - 3:30 pm

Tiffin Developmental…