S000000257 Ground Beef IFB Final.pdf

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000257 Solicitation Issued: August 17, 2023

Description: Fresh Ground Beef

Department: Division of Correction

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: September 12, 2023 Bid Opening Time: 10:00 a.m., Central Time

Bid responses for this Invitation for Bid must be submitted through ARBuy, the State’s eProcurement system.

It can be accessed at https://arbuy.arkansas.gov. Bids received after the submission deadline may be rejected as untimely. See section 1.2 for information regarding Live Bid Openings.

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Buyer: Julie Robnolt Buyer’s Direct Phone Number: (501) 371-6070

Email Address: julie.robnolt@arkansas.gov TSS OSP’s Main Number: (501) 324-9316

TSS OSP

Website:

https://www.transform.ar.gov/procurement/ https://arbuy.arkansas.gov/ mailto:julie.robnolt@arkansas.gov https://www.transform.ar.gov/procurement/

SECTION 1 – REQUIREMENTS

• Do not provide responses to items in this section unless specifically and expressly required.

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) for the Division of Correction (“DOC” or “Division”) to obtain pricing and a contract for Fresh Ground Beef. Direct all questions, comments, or concerns you may have regarding this solicitation to the TSS Office of State Procurement, not the DOC.

1.2 LIVE BID OPENING

Use the information below to view the bid opening online.

Teams Meeting Link: Click here to join the meeting

Meeting ID: 234 776 660 414 Passcode: r7dnqU Call in (audio only): 501.244.3310 or find a local number Phone conference ID: 405 372 847#

1.3 CLARIFICATION OF SOLICITATION

A. Submit any questions requesting clarification of information contained in this Solicitation via the solicitation posting in ARBuy by midnight, Central Time on or before August 24, 2023.

1. For each question submitted, Prospective Contractor should reference the specific solicitation item number to which the question refers.

2. Prospective Contractors’ written questions will be consolidated and answered by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the solicitation posting in ARBuy by the close of business on August 31, 2023. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the TSS OSP buyer of any term, condition, etc., that precludes the Prospective Contractor from submitting a compliant, Responsive Bid. Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a bid.

C. Prospective Contractors may contact the TSS OSP buyer with non-substantive questions at any time prior to the bid opening.

D. An oral statement by TSS OSP will not be part of any contract resulting from this solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS OSP.

1.4 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. The terms “Invitation For Bid,” “IFB,” and “Solicitation” are used synonymously in this document.

C. “Bovine Spongiform Encephalopathy (BSE)” means a progressive neurological disorder of cattle that results from infection by an unusual transmissible agent called a prion.

D. “Certificate of Analysis (COA)” means a document from a supplier that states the identity, purity, or microbiological state of a product. It shows that the supplier completed the required testing and that the results meet the product specifications.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmY2MjZiZmQtYWI1Yy00ZWNlLWI0NDAtZmQ2NGI1MjBmMzUz%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%22a5e9cf20-c478-4e36-8fed-351f1ae086e2%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839

E. “FOB Destination” is a shipping term meaning shipping charges are prepaid by the Contractor and the Contractor is solely responsible for all damage and loss that occurs to the shipment prior to the shipment being received by the DOC.

F. “Food Defense” is the effort to protect food from acts of intentional adulteration or tampering.

G. “Fresh Ground Beef” for the purposes of this IFB means beef that has been coarsely ground; fresh (not frozen) without the addition of beef fat as seasoning, with no more that thirty percent (30%) fat, and with no additional water, phosphates, binders, or extenders except pink slime.

H. “Hazard Analysis and Critical Control Points System (HACCP)” is a management system in which food safety is addressed through the analysis and control of biological, chemical, and physical hazards from raw material production, procurement, and handling, to manufacturing, distribution, and consumption of the finished product.

I. “Prospective Contractor” means a responsible bidder who submits a Responsive Bid in response to this solicitation.

J. “Requirement” means something required.

K. “Responsive Bid” means a bid submitted in response to this solicitation that conforms in all material respects to this IFB.

L. “Shall” and “Must” mean the imperative and are used to identify requirements.

M. “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. “Specification” may include a description of any requirement for inspecting, testing, or preparing a commodity or service for delivery.

N. “State” means the State of Arkansas. When the term “State” is used herein to reference any obligation of the State under a contract that results from this solicitation, that obligation is limited to the Department using such a contract.

O. “Test and Hold” means, in the United States meat industry, a requirement that Federal meat inspectors not apply the “inspected and passed” mark on the carcasses of cattle that have been sampled by the Animal and Plant Health Inspection Service (APHIS) for its BSE surveillance program until the sample is determined to be negative.

1.5 PROSPECTIVE CONTRACTOR QUALIFICATIONS

A. At the time of bid submission, the Prospective Contractor shall have in place all facilities, staff, and other operations necessary for providing Fresh Ground Beef to the State as required by this IFB ready and available for immediate delivery upon each purchase order issuance.

1.6 GENERAL REQUIREMENTS

A. The Contractor shall supply Fresh Ground Beef that is in compliance with all applicable State and

Federal laws, rules, guidelines, ordinances, and standards including, but not limited to, those of the United States Department of Agriculture (USDA), and the Food Safety and Inspection Service (FSIS) requirements. For a list of current USDA and FSIS requirements follow this link.

B. Each year the contract is in place, the Contractor shall complete an assessment of their Hazard

Analysis and Critical Control Points (HACCP) System and shall submit a copy of the assessment results to OSP and/or DOC prior to the renewal of the resulting contract for DOC’s review.

1. Prior to award, the Prospective Contractor shall submit the results of their most recent HACCP

System assessment, which must have been conducted within the previous twelve (12) month period, for review by DOC personnel. The Prospective Contractor may submit the most recent HACCP assessment, as described herein, with the Prospective Contractor’s bid submission.

https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/meat/ground-beef-and-food-safety

2. To view the principles and application process for the HACCP System follow this link.

C. Prior to contract award, the Prospective Contractor shall submit the following letters to OSP for DOC’s review. The Prospective Contractor may submit the letters, as described herein, with the bid submission.

1. Letter that indicates the steps taken within the operation for the reduction or control of E. coli

0157:H7 to be in compliance with FSIS 06-23 dated 1/27/2023.

2. Letter from the raw supplier(s) indicating the raw materials are produced using interventions proven to prevent, eliminate, or reduce E. coli 0157:H7 to below detectable levels. This letter must also specifically identify the interventions to be used and the rigorous tests that will be conducted to ensure that the interventions will prevent, eliminate, or reduce the occurrences of E.

coli 0157:H7 to below detectable levels.

3. Letter from the raw supplier(s) indicating their compliance with the removal of specific risk material for Bovine Spongiform Encephalopathy (BSE) at their facility.

D. The Contractor shall provide copies of testing analysis from an approved USDA/FSIS lab with each load when delivered.

E. The Contractor shall bill DOC using the contract prices in effect at the time the purchase order is issued, not the date the shipment is made.

1.7 FRESH GROUND BEEF REQUIREMENTS

A. The Contractor shall supply the DOC with Fresh Ground Beef in the quantities requested, anticipated to be approximately 40,000 to 42,300 pounds every three (3) weeks, during the contract terms.

B. The Contractor shall provide Fresh Ground Beef packaged in accordance with the Food Defense Plan which must not be expired, salvaged, distressed, or spoiled in any manner. To view the Food Defense Plan guidance and regulations follow this link. (See Delivery Requirements)

C. The Contractor shall provide the DOC with Fresh Ground Beef that must be 100% beef, coarse ground, with a fat content not to exceed thirty percent (30%) and seventy percent (70%) lean.

1. Prior to award, the Prospective Contractor shall provide a product specification sheet containing all pertinent details of the Fresh Ground Beef being proposed. The Prospective Contractor may submit the product specification sheet with the bid submission.

D. The Contractor shall provide Fresh Ground Beef that must be fresh, not frozen.

1.8 QUALITY REQUIREMENTS

A. The Contractor shall transport the Fresh Ground Beef to the FOB Destination in a vehicle equipped to maintain a temperature range between thirty-three degrees (33°) Fahrenheit (F) and forty degrees (40°) F.

B. The Contractor shall deliver Fresh Ground Beef in first-class condition and shall replace all product delivered in less than first-class condition. The DOC will not accept any distressed or salvaged product.

C. The DOC reserves the right to refuse all damaged and/or all salvaged product including, but not limited to, product that is torn, crushed, or otherwise exposed to adverse weather elements.

https://www.fda.gov/food/hazard-analysis-critical-control-point-haccp/haccp-principles-application-guidelines https://www.fsis.usda.gov/sites/default/files/media_file/documents/06-23.pdf https://www.fda.gov/food/food-defense

D. The Contractor shall issue a credit to the DOC for rejected products within a reasonable timeframe as mutually agreed upon between the Contractor and the DOC, not to exceed thirty (30) calendar days. (See Acceptance Standards)

E. The Contractor shall use the Test and Hold method before shipping product to the DOC.

F. Product test results must be negative for E. coli 0157:H7 and in compliance with FSIS 06-23 dated 1/27/2023 before shipping to the DOC.

G. The DOC reserves the right to segregate each load for testing to ensure a negative E. coli 0157:H7 according to the testing procedures in FSIS 06-23 dated 1/27/2023. If a test comes back as positive the Contractor shall pick up and replace the product within twenty-one (21) days of notification.

1.9 RECALL PROGRAM AND PROCEDURES PLAN

A. At the time of bid submission, the Contractor shall have a recall program and procedures plan in place and shall submit a copy to the DOC as requested throughout the contract terms.

B. The Contractor’s recall program and procedures plan must identify, track, and locate recalled products delivered to the DOC.

C. The Contractor shall notify the DOC within twenty-four (24) hours after notification of a recall. Failure to notify the DOC within a twenty-four (24) hour timeframe if recalled product may result in contract cancellation.

1.10 PERMANENT SUBSTITUTIONS OR PRODUCT CANCELLATIONS

A. The Contractor shall not substitute or replace a contracted item unless the contracted item is no longer available to purchase as a whole. The Contractor shall receive prior, written approval from the DOC for all substitutions.

B. The Contractor shall intend for the requested substitution to be a permanent substitution, applicable to the aggregate term of the contract.

C. The Contractor shall submit a request for approval to the DOC for each substitution. The substitution request must include:

1. A list of the current item being substituted with the new item listed alongside, including the manufacturer’s item number(s), if applicable.

2. The reason for the substitution.

3. Nutritional information for the currently contracted item and the proposed substitution.

D. Proposed substitution must be an item of equal or greater nutritional value and quality.

E. The Contractor shall provide all additional documentation as requested by the DOC.

1.11 ACT 617 COMPLIANT PRODUCTS

A. ACT 617 was enacted by the General Assembly of the State of Arkansas to facilitate a Local Food, Farm and Jobs Act.

1. The objective of ACT 617 is for State agencies to support local farms and for each agency to make it a goal to spend twenty percent (20%) of their budget on Local Food or Farm Products.

2. Local Food or Farm Products are food products grown in Arkansas, packaged and processed in Arkansas, or both in accordance with ACT 617.

B. The Contractor shall indicate on the Official Price Sheet if the Fresh Ground Beef provided is in compliance with ACT 617.

1.12 CONTRACT ADMINISTRATOR

A. Prior to award, the Prospective Contractor shall identify a primary contact and provide the contact information to the DOC. This primary contact will be responsible for communication concerning orders, compliance, conflict resolution, product substitutions/cancellations, and other general questions and issues.

B. The DOC will provide the Prospective Contractor with contact information for the DOC’s contract administrator prior to award.

1.13 MINIMUM ORDERS

A. The Contractor shall not place any restrictions or requirements on the quantities that can be ordered, delivered, or on the ordering frequency.

1.14 PACKAGING REQUIREMENTS

A. All packaging and packing must be in accordance with good commercial practice and industry standards.

B. The Contractor shall provide the DOC with cases of Fresh Ground Beef.

C. In each case, the Fresh Ground Beef must be packaged in ten-pound (10 lb.) packages.

D. Each case must not exceed sixty pounds (60 lb.) in total weight.

E. The cases of Fresh Ground Beef must be packed and delivered on shrink wrapped pallets.

1.15 DELIVERY: FOB DESTINATION

Division of Correction 2540 State Highway 388 Gould, AR 71643-9634

A. The Contractor shall deliver the initial order of Fresh Ground Beef as requested by the DOC, anticipated to be on or around Tuesday, January 2, 2024. Thereafter, the DOC anticipates ordering one truck load (40,000 lbs.) approximately every three (3) weeks.

B. All truck deliveries of Fresh Ground Beef must be sealed on receipt at the DOC for Food Defense purposes.

C. A Certificate of Analysis (COA) must accompany each delivery load and must clearly define the supplier’s negative test results for specific lots of pallets or combos using N60 sampling plan.

1. At a minimum, the COA must include the following information:

a. Identity, purity, or microbiological state of the Fresh Ground Beef.

b. Easy to match to the lot information and dates on all box labels.

c. Signed and dated by the facility conducting the testing.

D. All deliveries must be made between 8:00 a.m. and 2:00 p.m. Central Standard Time, unless otherwise arranged and coordinated with the DOC. The Contractor shall give the DOC immediate notice of any anticipated delays or plant shutdowns that will affect the delivery requirement.

E. The Contractor shall deliver Fresh Ground Beef within fifteen (15) business days of receipt of the purchase order from the DOC.

F. The Contractor shall not deliver on an alternate delivery date unless approved in writing by the DOC.

G. Within one (1) week prior to delivery, the Contractor shall call the DOC’s Farm Operation Unit to schedule a delivery date and time. The State will provide contact information upon contract award.

H. Loss or damage that occurs during shipping, prior to the order being received by the DOC, is the Contractor’s responsibility. All orders must be properly packaged to prevent damage during shipping.

I. The State assumes no liability for commodities produced, processed, or shipped in excess of the amount specified on the DOC’s purchase order.

1.16 ACCEPTANCE STANDARDS

A. Inspection and acceptance/rejection of product(s) will be made within thirty (30) days of receipt.

B. The State has the option to return any product(s) within the thirty (30) day timeframe for any reason.

C. Bid must include a “total satisfaction” return policy for all products and must not impose any liability on the State for such returns.

1.17 PERFORMANCE STANDARDS

A. State law requires that contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration. Table A: Performance Standards identifies expected deliverables, performance measures, or outcomes; and defines the acceptable standards.

C. Performance Standards shall not be amended unless they are agreed to in writing and signed by the parties.

D. Failure to meet the minimum Performance Standards as specified will result in the assessment of damages.

E. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The State has the right to waive damages if it determines there were extenuating factors beyond the control of the Contractor that hindered the performance of services. In these instances, the State has final determination of the performance acceptability.

F. Should any compensation be owed to the Department due to the assessment of damages, Contractor shall follow the direction of the Department regarding the required compensation process.

Table A: Performance Standards

CRITERIA STANDARD DAMAGES

Quality

Contractor delivers product in first-class condition. Product packaging is not torn, salvaged, crushed, or otherwise exposed to weather elements.

Contractor applies a 15% credit to the DOC’s account for the cost of each package received in less than first-class condition.

Recall Program and Procedures Plan

Contractor notifies the DOC within twenty-four (24) hours of a recall.

Contractor applies a credit of $200 to the DOC’s account for each instance whereby the Contractor fails to notify the DOC of a product recall within twenty-four (24) hours. Contractor applies an additional $50 per hour for each hour after twenty-four (24) hours whereby Contractor fails to notify the DOC of a recall.

Repeated failure to notify the DOC within a twenty-four (24) hour timeframe of recalled product may result in contract cancellation.

Reporting Requirement

Contractor is in 100% compliance with FSIS 06-23 dated 01/27/2023.

If a test comes back as positive the Contractor shall pick up and replace the product within twenty-one (21) days of notification.

Delivery of Product

Contractor delivers product to the DOC within fifteen (15) business days after receipt of purchase order unless an alternate delivery timeframe has been approved by the

DOC.

Contractor applies a credit of ten (10%) percent of the invoiced amount to the DOC’s account for each failure to deliver product to the DOC within fifteen (15) business days of receipt of the purchase order (unless an alternate delivery date has been approved by the DOC, in which case damages will apply to the alternate delivery date) plus an additional $50 per day for each day after fifteen (15) business days whereby the product is not delivered to the DOC.

Repeated issues of delays in delivering product may result in Contract cancellation.

SECTION 2 – GENERAL INSTRUCTIONS AND INFORMATION

• Do not provide responses to items in this section unless specifically and expressly required.

2.1 TYPE OF CONTRACT

A. As a result of this IFB, TSS OSP intends to award a contract to a single Contractor.

B. The anticipated starting date for any resulting contract is January 1, 2024, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be for one (1) year. Upon mutual agreement by the Contractor and Division, the contract may be renewed by TSS OSP for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

2.2 CONTRACTOR SELECTION

A. Award will be made to the lowest-bidding, responsible Prospective Contractor on an all or none basis.

2.3 RESPONSE DOCUMENTS

A. All bid responses must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at https://arbuy.arkansas.gov.

B. Bid Response Packet

1. The following are bid submission requirements and must be submitted as part of a Prospective Contractor’s bid response.

a. Signed Bid Signature Page. Signature may be ink or digital. (See Bid Response Packet.)

b. Completed Bid Response Packet, which must be in the English language.

c. Completed Pricing Response. Official Bid Price Sheet attached to solicitation posting. Pricing must be proposed in U.S. dollars and cents.

d. Copy of Prospective Contractor’s Equal Opportunity Policy.

e. Proposed Subcontractors Form. The utilization of any proposed subcontractor is subject to approval by the Division.

2. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s bid response:

a. EO 98-04 Contract & Grant Disclosure Form.

b. Voluntary Product Accessibility Template (VPAT), if applicable.

3. DO NOT include any other documents or ancillary information, such as a cover letter or promotional/marketing information.

2.4 ACCEPTANCE OF REQUIREMENTS

A. Prospective Contractor understands and agrees its submission of a bid to represent that its bid meets all Requirements of this IFB.

B. A Prospective Contractor’s bid may be rejected if the Prospective Contractor takes exception to any Requirements in the Requirements Section(s) of this IFB.

2.5 ADDITIONAL TERMS AND CONDITIONS

A. This IFB incorporates all of the Solicitation Terms and Conditions located on the TSS OSP website here.

https://arbuy.arkansas.gov/ https://www.transform.ar.gov/wp-content/uploads/2021/12/MASTER-Solicitation-Terms-and-Conditions-11-29-21.pdf

B. Any special terms and conditions included in this solicitation shall override the Solicitation Terms and Conditions.

C. Prospective Contractor agrees and shall adhere to all terms in the Standard Commodities Contract Template (found here) if selected as the successful Contractor.

D. A Prospective Contractor’s bid may be rejected if a Prospective Contractor takes exception to any terms or conditions in the documents listed in 2.5.A and 2.5.C.

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