RSI021494_Contract.pdf

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

CONTRACTS

CONTRACT No.: RSI021494

CONTRACT ID: 21494

EFFECTIVE DATES: 10/01/25 to 09/30/28

SUPPLIER: SYSCO CLEVELAND INC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No.

SRC0000032712. 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 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.

This Requirements Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE: The State of Ohio is seeking a Contractor to provide and distribute a wide range of food products to agencies throughout the State, with an emphasis on fresh produce and reduced salt items. Any item available from another mandatory State Term Contract must not be purchased under this contract.

1.2 REQUIREMENTS

1.2.1 Product Quality and Labelling

1.2.1.1 Products provided must meet or exceed United States Department of Agriculture (USDA), State, and industry standards and requirements with respect to weights, measures, fill of container, drained weights, contamination, pesticides, and condition upon delivery. When seasonally available, in needed quantities, and of competitive price, the State’s preference is for Ohio-grown produce. Information on Ohio products and Ohio growers can be found at http://ohioproud.org/.

1.2.1.2 Products provided must be not less than Grade B when product grades or standards exist.

1.2.1.3 Products must bear a label listing all ingredients according to the order of predominance, when required by the Federal Food, Drug and Cosmetic Act.

1.2.1.4 All frozen processed food products which contain meat, poultry, or a significant proportion of eggs, must be processed or prepared in plants operated under the supervision of the USDA. The product must 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.

1.2.1.5 All frozen products that contain fish or fish products must be processed or prepared in plants under the supervision of the United States Department of Commerce (USDC). A list of approved establishments in the USDC, National Oceanic and Atmospheric Administration (NOAA) Seafood Inspection Program publication titled “USDC Approved Establishments,” can be found in ATTACHMENT TWO – LINKS. The inspected products packed under various labels and brand names must be 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 may be issued to accompany the shipment.

1.2.1.6 Producers of frozen bakery products, which are shipped via interstate commerce, are required to comply with the Federal Food, Drug and Cosmetic Act. Therefore, the products under this contract must be verified as shipped intrastate or interstate from a producer that ships products to others interstate.

1.2.1.7 Canned Goods: All cases and cans must be in good condition at time of delivery and must, under proper storage conditions, have a shelf life of at least six months. Rusted and dented cans will not be accepted. Cans must bear a 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 only on the ends are not acceptable. All canned items delivered must be of the latest season's pack.

1.2.1.8 Preservation, Packaging, and Packing: Unless otherwise specified, preservation, packaging, and packing must be to a degree of protection to preclude damage to containers and contents under normal shipping conditions, handling, etc., and must conform to normal commercial practices and applicable carrier rules and regulations involving shipment from the Contractor to the agency. Shipping containers must be in compliance with the National Motor Freight Classification standards and the Uniform Freight Classification issue in effect at time of shipment.

1.2.1.9 Products provided, including produce, must have a freshness parameter that allows facilities sufficient time for consumption prior to deterioration.

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

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

http://ohioproud.org/%20

1.2.1.10.2 Ground, Diced, Cured, and Processed Meat: 45 days.

1.2.2 Delivery

1.2.2.1 Contractor must have the capacity to deliver and unload orders at any location within the State of Ohio. Section 6.1 ATTACHMENT ONE – DELIVERY SCHEDULES is not inclusive of all entities that may order under this contract and is subject to change.

1.2.2.2 Deliveries must be made during normal business hours, Monday through Friday, with the exception of State holidays, or as mutually agreed. Delivery appointment may be required. See Section 6.1 ATTACHMENT ONE – DELIVERY SCHEDULES (subject to change) for a list of acceptable delivery times for agencies that intend to regularly order from this contract.

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

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

1.2.2.5 Palletization: Shipments may be requested as palletized deliveries; and if requested, must conform to the following:

1.2.2.5.1 Manufacturer’s standard partial 4-way shipping pallets.

1.2.2.5.2 Maximum height: 6'6" (including pallet).

1.2.2.5.3 Maximum weight: 3500 pounds (including pallet).

1.2.2.5.4 Pallets are to be securely banded or shrink wrapped.

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

1.2.2.5.6 Pallet exchange is satisfactory with all warehouses.

1.2.2.6 Product integrity, wholesomeness, safety, fitness, etc. must be preserved by maintaining proper temperature during delivery using an appropriate vehicle.

1.2.2.6.1 Items requiring protection from heat must be shipped and stored at a temperature below 50 degrees Fahrenheit.

1.2.2.6.2 Refrigerated items must be transported in a vehicle set to a minimum temperature of 35 degrees Fahrenheit and a maximum temperature of 40 degrees Fahrenheit. The vehicle must maintain a temperature within the specified range to the destination.

1.2.2.6.3 Frozen items must be transported in a vehicle set to 10 degrees Fahrenheit or lower prior to loading and must maintain a temperate of 0 degrees Fahrenheit or lower to destination. Product should be loaded in the vehicle as promptly as possible to minimize product temperature rise. At destination, product must be hard frozen with no signs of defrosting and temperature of product must not be above 0° degrees Fahrenheit.

1.2.2.6.4 Vehicles used for mixed loads of frozen and refrigerated product will be required to be set to a minimum temperature of 35 degrees Fahrenheit, a maximum temperature of 40 degrees Fahrenheit, and must maintain the chilled portion of the load temperature within that range to destination. The frozen product in the load must be completely segregated by effective measures which will prevent defrosting and damage to the other products in the load by installing effective insulating barrier at time of loading. At destination, frozen product must be hard frozen with no signs of defrosting and refrigerated product must not be above 40 degrees Fahrenheit.

1.2.2.7 Receiving Procedure: At time of delivery, items must be checked against the invoice by agency personnel and the Contractor's driver. Corrective action, meaning the replacement of or credit for missing or damaged product, must be provided within 72 hours. The agency will determine if replacement or credit is appropriate based on business needs.

1.2.2.8 Emergency Service: The State may require, on occasion, emergency service for delivery or for agency pickup of products. The Contractor must have staff or an emergency contact available on a 24-hour basis, and the capacity to make emergency deliveries within 24 hours throughout the State of Ohio. The following emergency contact information must be provided in the OhioBuys Questionnaire: contact person name, phone number, and email address. The cost for emergency delivery service must be provided in the OhioBuys Item Grid.

Emergency Service Contact: Paul Zentner 216-233-3688 paul.zentner@sysco.com

Emergency Delivery Cost: $0.00

Discount for Order Pickup: $0.00

1.2.3 Product Acceptability

1.2.3.1 If an agency rejects a product due to damage, unacceptable substitution, unacceptable quality (poor quality, taste, color, etc.), outdated product, etc., the issue must be resolved within 72 hours of notice by the receiving agency to the Contractor. If the problem cannot be resolved within 72 hours, either the agency or the Contractor may appeal to the Office of Procurement Services, whose decision will be final.

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

1.2.3.1.1 Products shipped in error (incorrect item or quantity)

1.2.3.1.2 Products with visible or concealed damage

1.2.3.1.3 Products recalled

1.2.3.1.4 Products of unacceptable quality

1.2.3.2 Verification of Quality: The State reserves the right to request verification that the specifications and grades for products are being met by the Contractor.

1.2.3.3 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 to determine whether the product is acceptable and meets specifications and grades.

1.2.3.4 Recall Notification: In the event of a product recall, the Contractor must provide written notification to the Office of Procurement Services and each impacted agency as soon as possible. The notices must include, at minimum, a complete product description, contract and delivery order number, reason for the recall, and disposition instructions. Each agency must have the option of either accepting replacement product or receiving credit for product removed/recalled.

1.2.4 Ordering Procedure

1.2.4.1 The Contractor must provide an electronic ordering system, referred to as a punchout, capable of electronic data interchange within the State’s e-procurement system, OhioBuys. The Contractor must provide access to their online ordering system to agencies within seven days of request, including training as needed. Requirements are as follows:

1.2.4.1.1 Must not require additional login.

1.2.4.1.2 Must be able to return the following product information: description, quantity, unit of measure, unit price, part number, UNSPSC commodity code, product nutritional information, product packer/processor, and manufacturer name. The UNSPSC commodity codes and units of measure must be valid within OhioBuys. For a list of valid values, see ATTACHMENT TWO – LINKS - Punchout Details Spreadsheet.

mailto:paul.zentner@sysco.com

1.2.4.1.3 Must have an area for entry of the Contract number and Purchase Order number on all orders placed.

1.2.4.1.4 Must be able to restrict items outside scope of the contract.

1.2.4.2 The Contractor must also accept orders made by telephone, facsimile, or email.

1.2.4.3 The Contractor must provide acknowledgement of electronic orders within two hours. Orders placed using an alternative method must be acknowledged within 24 hours.

1.2.4.4 Order changes will be submitted by the agency no later than 48 hours prior to scheduled delivery.

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

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

1.2.4.7 Restocking Fee: If an agency orders an item in error, the Contractor must make allowance for return and credit, less any applicable restocking fee. The restocking fee must be indicated in the OhioBuys item grid.

1.2.5 General Requirements

1.2.5.1 The delivered product must comply with all applicable Federal and State requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sales of the product within the commercial marketplace.

1.2.5.2 All product must be processed in the United States.

1.2.5.3 Contractor must 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 meets the scope of this solicitation, must be available to all agencies.

1.2.5.4 Guaranty: The Contractor must guarantee that, as of the date of delivery to the agency, the products offered 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.

1.2.6 Contractor Qualifications

1.2.6.1 The Contractor must have the ability to process and ship a minimum of 77 orders to 17 locations per month. Both are subject to change at any time.

1.2.6.2 Distribution center(s) must meet all FDA, USDA, Ohio Department of Health, and American Bakers Association requirements.

1.2.6.3 The Contractor’s distribution center(s) must maintain a food safety certification and must provide it as part of their bid response in the OhioBuys Questionnaire. Failure to provide the food safety certification(s) may result in the Bidder being deemed not responsive.

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

1.2.6.5 Upon request, the Bidder must provide documentation that a 97% or better fill rate has been maintained for the past 12 months for large customers. The documentation must be received within seven days after notification or the Bidder may be deemed not responsive. After award, the Contractor must maintain a 97% or better fill rate for all agency customers. The State reserves the right to request monthly documentation of the Contractor’s fill rate.

1.2.6.6 If requested during evaluation, the Bidder must 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, within seven days after notification, or the Bidder may be deemed not responsive.

1.3 PRICING

1.3.1 Delivered Price: The delivered price of all items purchased under this contract will consist of two separate components: cost and markup.

1.3.1.1 Cost: The cost must be the Contractor’s Supplier's delivered selling price to the Contractor. The Supplier refers to the entity supplying product to be sold under this Contract to the Contractor. See Section

1.3.2 Cost Determination for more information. Cost must be determined without deviated pricing. For the purpose of bid evaluation, deviated pricing is 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 or customer groups. Failure to bid without deviated pricing may deem your bid not responsive.

1.3.1.2 Markup: The markup must 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 Contractor. The markup must 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 agencies; any other projected expense associated with the Contractor's function, and anticipated profit. The distribution factor must be a fixed percentage markup for all items within a product category (see following example). The percentage markup must not increase during the term of the contract.

A decrease of the percentage of markup is permitted at any time during the contract.

1.3.1.3 Cost + Markup Example: Product Cost = $10.00

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

1.3.1.4 The price charged to agencies must be the price in effect on the date of order placement.

1.3.1.5 All agencies must be charged the same price for a product.

1.3.1.6 The price on the ordering system must be the delivered price (cost plus markup).

1.3.1.7 Cost must be based on up to one delivery per week per agency. The additional charge for a second delivery within the same week must be indicated in the OhioBuys Item Grid.

Additional Charge for Second Delivery per Week: $0.00

1.3.2 Cost Determination

1.3.2.1 Method of Cost Determination: Contractor must utilize their standard commercial method of determining delivered product cost (e.g. last invoice, average monthly invoice using a maximum 6-month average, etc.) and such must be the basis for determining either the next week's or month's pricing. The same method of determining product cost must be utilized throughout the contract term.

1.3.2.2 Documentation of Cost: Documentation of delivered costs for the method of cost determination chosen by the Bidder in Section 1.3.2.1 must be submitted with the bid response as an attachment to the OhioBuys Questionnaire for each item listed in the OhioBuys item grid. If not provided with the bid response, the Bidder will be required to provide documentation of costs within seven days of notification. Failure to provide documentation within seven days of notification may result in the bidder being deemed not responsive. Documentation must include legible copies of Supplier invoices. The invoices must include the following information: Supplier company name, Bidder company name, invoice number, invoice date, delivery date, item description, quantity, and price. The invoices must be organized so as to be in the same order as listed in the item grid and it must be apparent which invoices apply to each item. If shipping costs are listed separately on an invoice, the Bidder must demonstrate allocation of shipping charge applicable to the item in the item grid or shipping charges will be divided equally between all items on the Supplier’s invoice. All information pertinent to verifying cost should be included with documentation.

1.3.2.3 The State reserves the right to verify costs by contacting the Contractor's Suppliers and shippers.

1.3.3 Price Changes

1.3.3.1 Pricing must be firm for meat, poultry, fish, dairy products, oil products, produce, and cheese for a period of seven days. For all other items, pricing must be firm for a period of 30 days.

1.3.3.1.1 The effective date of price changes for meat, poultry, fish, dairy products, oil products, produce, and cheese must be Monday.

1.3.3.1.2 The effective date of price changes for products eligible for monthly price changes must be the first Monday of the month.

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

1.3.3.3 Contractor must maintain documentation to support actual price changes and the Contractor will not be entitled to any price increase that is not supported by documentation. The documentation must be made available to the State within seven days upon request.

1.3.4 Payment Card: The Contractor should expect normal processing fees from its merchant bank for payment card transactions which may not be passed on to the agency making the purchase.

1.4 CONTRACTOR RESPONSIBILITIES

1.4.1 Contractor's Contact: The Contractor must designate a contact who will serve as a liaison between Contractor and agencies, 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 agencies in a timely manner. Contractor must provide the following customer support to agencies:

1.4.1.1 Telephone customer service representatives available Monday through Friday during normal business hours (9:00 a.m. to 5:00 p.m.) to assist with routine issues related to ordering, shipping, and billing.

Availability on Saturdays and Sundays is preferred but not required.

1.4.1.2 Field service representatives.

1.4.1.3 Emergency Service, as specified in Section 1.2.2.8.

2 - CATEGORY MARKUP PERCENTAGE

PRODUCT CATEGORY MARKUP

PERCENTAGE

Category I: Dry Storage 4.75% Category II: Refrigerated 4.75% Category III: Meat 4.75% Category IV: Frozen 4.75%

3 - STANDARD TERMS AND CONDITIONS

The State of Ohio Standard Terms and Conditions (revised 03/31/25) govern this Contract and are incorporated as if fully rewritten herein.

4 - CONTRACT SPECIFIC TERMS AND CONDITIONS

4.1 - ORDER OF PRIORITY

The order of priority of the Contract will be the following: 1.) Specifications and Requirements; 2) Contract Specific Terms and Conditions; 3) Standard Terms and Conditions.

4.2 – DELIVERY

Supplies will be delivered to the participating agency within seven days after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

https://dam.assets.ohio.gov/image/upload/procure.ohio.gov/TCond/Standard_T_C_3-31-25.pdf

4.3 – MINIMUM ORDER

The minimum dollar value of any order placed against this Contract for delivery F.O.B. destination, transportation charges prepaid and allowed, at any one time to one destination, shall not be less than $500. The minimum order value shall be firm for the life of the Contract.

For orders with a total value less than this minimum, shipment is to be made by the Contractor’s internal delivery service, freight, parcel post, express or commercial package delivery. The cost of transportation to the destination for orders less than the minimum must be indicated in the OhioBuys Item Grid.

Delivery for Orders below $500 Minimum: $0.00

4.4 – COOPERATIVE PURCHASING CONTRACT

This Contract may be utilized by Cooperative Purchasing Members. “Cooperative Purchasing Members” or “Co-op Members” are entities that qualify for participation in the State’s cooperative purchasing program under Section

125.04 of the Ohio Revised Code (“ORC”) and that have completed the steps necessary to participate in that program. They may include Ohio political subdivisions, such as counties, townships, municipal corporations, school districts, conservancy districts, township park districts, park districts created under Chapter 1545 of the ORC, regional transit authorities, regional airport authorities, regional water and sewer districts, and port authorities. They also may include any Ohio county board of elections, state institutions of higher education, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools.

If a purchase is made from this Contract by an entity that is not properly registered with the State’s Cooperative Purchasing Program, it may be a violation of law, may be contrary to the entity’s competitive bidding requirements, and will be a breach of this Contract by the Contractor. If a Cooperative Purchasing Member relies upon this Contract to issue a purchase order or other ordering document, the Cooperative Purchasing Member “steps into the shoes” of the State under this Contract. The Cooperative Purchasing Member’s order and this Contract are between the Contractor and the Cooperative Purchasing Member. The Contractor must look solely to the Cooperative Purchasing Member for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to Cooperative Purchasing Member’s orders and Cooperative Purchasing Member’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a Cooperative Purchasing Member.

4.5 – CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee (“Revenue Share”) to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it.

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period. The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due at the time the quarterly sales or closeout report is submitted to the Department of Administrative Services. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total amount, and reporting period covered.

The Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below.

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/about/about-us/office-of-finance/revenue-share-form.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

https://das.ohio.gov/about/about-us/office-of-finance/revenue-share-form https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fepay.das.ohio.gov%2FPayment&data=04%7C01%7CKyle.Bailey%40das.ohio.gov%7C02d1b0edb8364f8786b608d9c932880d%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C637762041128928674%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=Ww93pltT3l9Shi5%2F0auHZEtV94vVqkCpVW4rja0KPoU%3D&reserved=0

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may offset any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

4.6 – CONTRACTOR QUARTERLY SALES REPORT

The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract each calendar quarter (i.e., January-March, April-June, July-September, and October-December). The dollar value of the sales reported must equal the price paid by all Cooperative Purchasing Members for purchases under this Contract during the reporting period. The sales to State agencies under this Contract are automatically reported in OhioBuys.

The Contractor must submit the quarterly sales reports to the State via OhioBuys. If no sales occur, the Contractor must still submit the quarterly sales report and show zero sales for the quarter on the report. The reports must be submitted no later than 30 days after the completion of the reporting period.

The Contractor must also submit a closeout report within 120 days after the expiration of this Contract. For purposes of this provision, the Contract expires on the physical completion of the last outstanding task or order of the Contract. The closeout report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all Contract sales and reconciled all errors and credits on the final quarterly sales report, then the closeout report should show zero sales.

If the Contractor fails to submit any sales report in a timely manner or falsifies any sales report, the State may terminate this Contract for cause.

4.7 - MEAT/POULTRY ESTABLISHMENT

The Contractor must offer meat or poultry products from an establishment that is licensed by the Ohio Department of Agriculture (ODA) 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 and inspected establishment may be deemed not responsive. Bidders must list the establishment names and registration number that will be providing the products under Contract in the OhioBuys Questionnaire.

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 may result in the Bidder being deemed not responsive.

4.8 - NUTRITIONAL INFORMATION:

The Contractor must submit nutritional information of requested products in an electronic format within seven days after request.

4.9 BRAND SPECIFIC OR EQUAL:

There are items listed that are being bid as Brand Name or Approved Equal in accordance with Ohio Administrative Code 123:5-1-10(D)(4). Bidders who offer alternate items to the Brand Names listed must provide detailed written justification with their Bid, describing how the alternate items offered meet or exceed the Brand Name items specified. The specifications for the Brand Names listed are considered necessary only to establish functional requirements. Proprietary design, exact dimensions, capacities, or restrictive features will not preclude acceptance of other recognized alternates meeting comparable performance requirements as determined by the State. Bidder signifies compliance or non-compliance with specifications by listing and outlining all deviations from specifications on company letterhead and returning it with the bid. Failure to provide this information may deem the bid not responsive. If the alternate item is not deemed to be an approved equal to the Brand Name item, the bid may be deemed not responsive.

5 - INVITATION TO BID INSTRUCTIONS

Instructions, Terms and Conditions for Bidding that apply to the solicitation.

https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

6 - SPECIAL INSTRUCTIONS TO BIDDERS

6.1 - 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. If not included as part of their bid response, the bidder will be required to provide the samples within seven calendar days after notification. Failure to provide the samples within the stated time period may 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.

6.2 - 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 seven calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein may deem the bidder not responsive.

6.3 - DOCUMENTATION:

The following documentation shall be submitted with the bid response in the OhioBuys Questionnaire.

6.3.1 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

6.3.2 The Bidder’s food safety certification as described in Section 1.2.6.3.

6.3.3 The Bidder’s documentation of cost as described in Section 1.3.2.2.

6.4 - EVALUATION

Bids will be evaluated in accordance with Article I-15 of the “Instructions to Bidders”. In addition, the State will determine the lowest responsive and responsible Bidder by low lot total. For the purpose of bid evaluation and ranking of bids, there is a market basket listed for each category on the OhioBuys Item Grid for which the Bidder must show cost and category markup. For the purpose of bid evaluation, the Bidder shall use the cost effective for the week beginning July 6, 2025.

The State will calculate the markup and add it to the Bidder’s Cost per case to obtain the delivered case price for all evaluated items. The delivered case price will be multiplied by the estimated annual usage per case to obtain a line-item total. Line-item totals within each category will be added together to obtain a total for the product category.

The totals for all product categories will be added together to obtain a total for all items.

The State will consider prorated sizes in the evaluation. Failure to bid all items may result in the bid being deemed not responsive. The State reserves the right to remove any item from any category during evaluation. In the event an item is removed, evaluation will be made based on the remaining items.

6.5 - 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.

7 - SUBCONTRACTORS

Subcontractor Name Subcontractor ID EOD Status

Sysco Cincinnati 1 https://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/default.htm

8 - ATTACHMENTS

8.1 ATTACHMENT ONE – DELIVERY SCHEDULES

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

Circleville Juvenile Correctional Facility 4 640 Island Road

Circleville, Ohio 43113 Monday–Friday

8:00am-11:30am

Indian River Juvenile Correctional Facility 4 2775 Indian River Road

Massillon SW, Ohio 44646 Monday

8:00am-3:30pm

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

Facility Current Deliveries Per Month Location Current Delivery

Times Northwest Ohio

Developmental Center 4 1101 S. Detroit Ave. Toledo, OH. 43614

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

Mount Vernon Developmental Center 8 1250 Vernonview Dr.

Mt. Vernon, OH. 43050 Monday-Friday 8:00am-4:00pm

Columbus Developmental Center 4 1601 W. Broad St.

Columbus, OH. 43222 Monday-Friday 7:00am-2:00pm

Southwest Ohio Developmental Center 4 4399 E. Bauman Ln., Batavia, OH. 45103 Monday-Friday 5:30am-9:00am

Gallipolis Developmental Center 4 2500 Ohio Ave.

Gallipolis, OH 45631 Monday-Friday 8:30am-3:30pm

Warrensville Developmental Center 4 4325 Green Road, Highland

Hills, OH. 44128

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

Tiffin Developmental Center 4 600 N. River Rd.

Tiffin, OH. 44883

Monday-Friday 8:00am-2:30pm

Current Ohio State School for the Blind Delivery Locations, Schedules, And Times (Reference Only)

Facility Current Deliveries Per Month Location Current Delivery

Times Ohio State School for the

Blind 4 5220 N High St Columbus, OH 43214

Monday-Friday 6:00am-5:00pm

Current Ohio School for the Deaf Delivery Locations, Schedules, And Times (Reference Only)

Facility Current Deliveries Per Month Location Current Delivery

Times

Ohio School for the Deaf 4 500 Morse Rd Columbus, OH 43214

Monday-Thursday 6:00am-5:00pm

Current Ohio Veterans Home Delivery Locations, Schedules, And Times (Reference Only)

Facility Current Deliveries Per Month Location Current Delivery

Times

Ohio Veterans Home- Veterans Hall 8

3416 Columbus Ave., Sandusky, OH 44870

Dock #1

Monday & Thursday 10:00am–12:00pm

Ohio Veterans Home - Secrest Giffin 8

3416 Columbus Ave., Sandusky, OH 44870

Dock #2

Monday & Thursday 10:00am–12:00pm

Ohio Veterans Home - Georgetown 8 2003 Veterans Blvd., Georgetown, OH 45121 Monday-Friday

6:00am–11:00am

Current Eastern Ohio Correctional Center Delivery Locations, Schedules, And Times (Reference Only)

8.2 ATTACHMENT TWO – LINKS

OhioProud.org

United States Code of Federal Regulations (USCFR) – Title 21: Food and Drugs, as applicable

Federal Trade Commission, The Fair Packaging and Labeling Act, 15 U.S.C. §§ 1451-1461

United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) Meat, Poultry and Egg Product Inspection Directory

United States Department of Commerce (USDC), National Oceanic and Atmospheric Administration (NOAA), Seafood Inspection Program, Participating Establishments

United States Department of Agriculture (USDA) Quality Standards

United States Department of Agriculture (USDA) Commercial Item Descriptions

National Motor Freight Traffic Association, Inc. – The National Motor Freight Classification (NFMC)

Ohio Department of Agriculture (ODA), Licensing Requirements for Food Safety and Wholesale Foods

United States Department of Agriculture (USDA) Grade Standards for Fresh Vegetables and any amendments thereto.

United States Department of Agriculture Grade Standards for Fresh Fruits and any amendments thereto.

Perishable Agricultural Commodities Act (PACA), 1930 (7 U.S.C. Parts 46 through 48 and 50 through 52) and any amendments thereto.

Ohio’s Fresh Fruit and Vegetable Harvest Calendar

Punchout Details Spreadsheet

FDA Registration of Food Facilities

Facility Current Deliveries Per Month Location Current Delivery

Times

Eastern Ohio Correction Center 1 470 St. Rt. 43, Wintersville, OH 43953

Monday-Friday 8:00am-4:00pm https://ohioproud.org/ https://www.ecfr.gov/current/title-21 https://www.ftc.gov/enforcement/statutes/fair-packaging-and-labeling-act https://www.fsis.usda.gov/inspection/establishments/meat-poultry-and-egg-product-inspection-directory https://www.fsis.usda.gov/inspection/establishments/meat-poultry-and-egg-product-inspection-directory https://www.fisheries.noaa.gov/topic/seafood-commerce-certification 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://nmfta.org/nmfc/ https://agri.ohio.gov/divisions/food-safety/licenses https://www.ams.usda.gov/grades-standards/vegetables 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://www.ams.usda.gov/rules-regulations/paca https://ofbf.org/about/farm-to-table/whats-in-season/ https://dam.assets.ohio.gov/raw/upload/procure.ohio.gov/pdf/Bidders_Suppliers/OhioBuysBSInformation/Punchout_CXML_Credentials.xlsx https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/registration-food-facilities-and-other-submissions