Technical Specs.docx

RFP #10700-00013784 – Food Services Products including Related Products and Services Exhibt 1

EXHIBIT 1

TECHNICAL SPECIFICATIONS

1. GENERAL PROVISIONS:

Contractor shall deliver Food Service Products to Authorized Purchasers throughout the State of Oregon and Washington pursuant to Ordering Instruments. All Food Service Products volumes are listed in Attachment D, Food Category Usage List Tab 1-9, and Truckload.

Food Service Products must be divided and packaged by case, pallets and truckload, with ingredients, limited additives, preservatives, artificial flavors and colors.

SILENCE OF SPECIFICATIONS: The apparent silence of the specifications as to any detail, or the apparent omission of a detailed Food Service Product description or concerning point, shall be interpreted as requiring that Contractor shall perform to only the best commercial practice and materials and workmanship of first quality that Contractor shall supply and incorporate into Food Service Products. However, if any omitted specification results in ambiguity as to material characteristics of the Food Service Products, and inclusion is necessary to enable a reasonable person in the particular industry to properly identify such characteristics, and Contractor failed to seek a formal request for change during the solicitation process for the Agreement, then Contractor shall be required to provide Food Service Products meeting the Authorized Purchaser’s needs with regard to any omitted specification.

1.1 ADHERENCE TO THE SPECIFICATIONS: Deviations from specifications discovered by an Authorized Purchaser after delivery shall be corrected by Contractor, by replacement, credit or other method at no additional cost, as agreed upon by the Authorized Purchaser.

2. SPECIFICATIONS: Contractor shall supply and deliver Food Service Products in accordance with the general and individual Food Service Product specifications stated below in section 2.1 and shall comply in all respects with the Price Agreement requirements, Terms and Conditions, instructions in Ordering Instrument, including and not limited to date and time of delivery schedule and other Order delivery requirements as specified.

2.1 Categories of “Food Service Products” that may be ordered by Authorized Purchasers are those offered and available from Contractor, as specified in Tab 1 through 9 below:

Tab 1- Dry Goods:

Processed Foods, Canned Goods, condiments, energy bars, seeds, pickles, crackers, chips, croutons, crumbs, eggrolls, pot stickers, flavorings, sauces, glazes, sauces, mixes, candy, cereals, grains, rice, jelly, jam, preserves, staples: flour, sugar, pasta, beans, packaged meals, soups noodles, pasta, seeds, syrups, fillings, pre made food, i.e., pizza, mac & cheese, ravioli, popcorn, snack foods, pudding, salad, i.e., potato, macaroni, seasoning, spices, throat drops, toppings, burritos, food wraps, gravies, gelatin, and similar items.

Tab 2- Produce:

Fresh or frozen, whole, chopped, minced or sliced fruits and vegetables including but not limited to lettuce, onions, tomatoes, carrots, peppers, cucumbers, avocados, potatoes, apples, banana’s strawberries, grapes, melons, oranges pineapples, cherries, peaches, pears, lemons herbs, corn, peas, green beans, broccoli, cauliflower, brussels sprouts, french fries, hash browns and similar items.

Tab 3 - Dairy:

Fresh or frozen dairy products including and not limited to, fluid milk, aged and non-aged cheeses, sour cream, cottage cheese, cream cheese, ice cream, popsicles, butter, eggs (shell or liquid), cream, ices, yogurt, and as based on the monthly USDA Federal Milk Marketing Order.

Tab 5 - Beverage/Juice Bases and Brewing and Dispenser Services:

Beverages including but not limited to bag-n-box liquid concentrate beverage base, (instant) soluble granulated coffee, brewing coffee, smoothie, drink mixes, beverage bases, tea, water, including required brewing and dispensing equipment and maintenance services to support these beverage products at no additional cost.

Tab 6 - Seafood:

Raw, processed, fresh or frozen seafood products including and not limited to cod, tuna, tilapia, salmon, mahi mahi, halibut, rockfish, scallops, shrimp, oysters, crab, muscles, and similar items.

Tab 7 - Meat:

Raw, processed, fresh or frozen beef, pork, poultry, buffalo and lamb, including and not limited to, chicken breast, whole chicken, chicken wings, whole turkey, turkey breast, round roast, beef stew meat, hamburger, ribs, various beef steaks, pork chops, ground pork, pork steak, pork tenderloin, pork ribs , game hen, corned beef, veal, jerky, ground meat, cooked, processed meats, i.e. bacon, ham, corn dogs, franks, salami, pepperoni, sausage, puree, meatballs, meat crumbles and topping products, and similar items.

Tab 8 - Smallware’s:

Utensils, food preparation tools, kitchen hand tools, baking ware, food storage containers, clothing, plastic ware, cutting boards, small appliances, dispensers, towels, towels, gloves knives, heat lamps, mats, mittens, pots and pans, containers, mixer paddles, food pumps, scales, stainless steel flatware, thermometers, plates and tumblers, and similar items.

Tab 9 - Disposable (single use) Goods:

Disposable Goods including but not limited to personal protective equipment such as beard guards, gloves, hair nets, aprons, and garments; paper goods such as wrapping, containers and napkins, paper tray’s, paper clamshells, doilies, etc.; recyclable and compostable food ware such as hot and cold plates, bowls, cups, straws, utensils, containers; food grade cleaning products, such as surface cleaners, kitchen soap, hand soap etc.; Wraps including, compostable or plant based plastic wrap, bee’s wax food wraps, aluminum foil, plastic wrap, wax paper and similar items; labels, flex hose, sponges, scouring pads, plastic’s and compostable options (when available) cup’s, takeout containers, plates, cutlery, towelettes, stirrers etc.

2.1.1 Contractor shall provide Food Service Products according to all applicable federal, state and local codes, and regulations. Food Service Products shall be grown, harvested, processed and delivered to the best commercial practices and standards for these Food Service Products.

2.1.2 Authorized Purchasers are encouraged to purchase Food Service Products that have been sustainably produced and/or from businesses that minimize their environmental impact and have high levels of environmental sustainability.

2.1.3 PRODUCT BRAND SPECIFICATION; Any Food Service Product brand name listed in the Specifications shall only establish the minimum requirements for quality, utility, durability, function, purpose, etc. Contractor may show cost differences, alternates and options in an Offer. See generally ORS 279B.200 and OAR 125-247-0691

QUALITY - STANDARDS:

Contractor shall comply with all requirements applied to the Food Service Products listed herein, as well as those applicable to any other Food Service Products that may be purchased from Contractor.

3.1 GENERAL – Contractor’s Food Service Products shall be as described in this Exhibit A and shall meet or exceed the standards of the United States Department of Agriculture (USDA) http://www.fda.gov/Food/GuidanceRegulation/default.htm United States Department of Commerce (USDC) http://www.commerce.gov/ , State, and industry standards and requirements. Food Service Products must meet freshness parameters so the Authorized Purchasers have sufficient time from the date of delivery to consume these Food Service Products before quality deteriorates. Contractor shall comply with all standards and requirements regarding weights, measures, fill of containers, drained weights, contamination, and condition on delivery, of Food Service Products.

3.1.1 Contractor represents and warrants all Food Service Products delivered complies in all respects with standards and regulations established by Federal and Oregon State laws. Contractor represents and warrants that all Food Service Products delivered are not adulterated or misbranded within the meaning of standards and regulations established by Federal and Oregon State laws.

3.1.2 KOSHER: PASSOVER: HALAL CERTIFICATION - Any product designated as "Kosher" or “Passover” or “Halal” must comply with all requirements and as applicable be labeled with the appropriate product certification. "Kosher" or “Passover” or “Halal” labeling and certification requirements will be defined by the Authorized Purchaser and must be acceptable to the Authorized Purchaser.

3.1. 3 GRADES & SPECIFICATIONS: Authorized Purchasers may at any time request verification and supporting documentation showing the specifications for and grades of the Food Service Products.

3.1.5 PRODUCT ACCEPTABILITY - If an Authorized Purchaser notifies Contractor that a Food Service Product is not acceptable due to poor quality, taste, color, etc., the Contractor shall provide a substitute Food Service Product at the same or lower price within 48 hours. If an ordered Food Service Product is out of stock, Contractor shall notify the Authorized Purchaser and obtain prior approval before substituting for the out of stock Food Service Product. Authorized Purchaser may return any substituted Food Service Products not pre- approved by the Authorized Purchaser and any Food Service Products that are later found to not meet specifications. Any related expenses and costs for Food Service Products returned and approved substitutions shall be the responsibility of Contractor.

3.2 QUALITY:

3.2.1 All Food Service Products, including and not limited to packaging, delivered under the Ordering Instrument must be free of damage resulting from frost, heat, exposure, improper storage, improper handling or shipping conditions, contaminants, and pests, and must be free of disease and infestation.

3.2.2 Food Service Products must have equal to or greater than shelf life as specified in Food Safety Guidelines are as specified in the USDA FOOD SAFETY AND INSPECTION SERVICE - http://www.fsis.usda.gov/wps/Ordering Instrumentrtal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/food-labeling/food-product-dating/food-product-dating

3.3.2 Delivery trucks must be equipped with lift gates as specified by Authorized Purchaser.

3.3.3 Contractor shall comply with all applicable FDA/USDA specifications for the transportation of Food Service roducts:http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/ucm208199.htm

3.3.4 Contractor shall use refrigerated trucks for frozen and perishable Food Service Products.

3.4 STANDARD OF IDENTITY; REQUIREMENTS: All Food Service Products sold under this Agreement must conform to applicable U.S. minimum standards of identity as authorized by the Food, Drug and Cosmetic Act and the supporting regulations in 21 CFR. Failure to comply places the Contractor in violation of the Agreement.

4. PACKAGING AND PRESERVING:

Authorized Purchaser may request lighter packaging and or shipping material that is available for the same product and size, within the requirements detailed in this section if different packaging material is available for the same size and product.

All prices must include packaging and preservation. No additional charges will be allowed for packaging, preservation or pallets.

4.1 PRESERVATION, PACKAGING AND LABELING: All Food Service Products must be prepared, processed, preserved, packed and packaged under modern sanitary conditions, and cases shall be marked in accordance with current Good Manufacturing Practice 21 CFR 110 and Part 111 http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=111 and Food Safety http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm and Food Safety and Inspection Service (FSIS). Packaging shall protect:

A. taste, aroma, visual and other palatable properties measured by the senses and other quality characteristics of the Food Service Product;

B. against microbiological and other contamination;

C. from dehydration;

D. from transference of any color, odor, taste or other foreign characteristics throughout the processing (as applicable) and distribution of the Food Service Product up to the time of receipt into the Authorized Purchasers facility; and E. Fruit and Produce. All fresh fruit and produce must be packed and shipped to avoid bruising, crushing, contamination, or otherwise damaging the product.

4.1.1 PACKAGING

4.1.1.1 Recycled content: Higher recycled content materials are preferred as they have smaller environmental footprint. However, this is true only when comparing the same materials.

4.1.1.2 Lighter weight packaging is preferred if compliant with 4.1

4.1.1.3 Paperboard cartons are preferable to PET bottles.

4.1.2 PRODUCT LABEL: All food must be labeled with the accurate description, type, weight and cut, and must meet ingredient declaration as stated in Exhibit B. Contractor must submit a copy of a Food Service Product’s label within three (3) Business Days if requested by Authorized Purchaser.

4.1.2.1 Authorized Purchasers, as appropriate, may require Child Nutrition (CN) labels, Nutrition Fact Sheets (NFS), Manufacturer Product Formulation Statement (MPFS) and Safety Data Sheets (SDS) for any Food Service Products ordered and must be current.

4.1.2.2 Packaged Food Service Products for human consumption, must be labeled with dating information on the outside of the package.

(a) The date must be either a “best by or use by date” and/or “date of manufacture”. Contractor shall supply to Authorized Purchasers the key code for reading the manufacturers’ dating codes.

(b) For shelf-stable Food Service Products, specified calendar (open) dating is preferred, but coding is acceptable. Contractors who do not use open dating shall provide Authorized Purchasers with a key code.

As related to this section: “Shelf Stable” Food Service Products mean– Food Service Products that can be safely shelved and stored at room temperature. Shelf Stable Food Service Products include jerky, country hams, Canned Foods, bottled foods, rice, pasta, flour, sugar, spices, oils, and foods processed in aseptic or retort packages, and other Food Service Products that do not require refrigeration until after opening. Not all Canned Foods are shelf stable. Some Canned Foods, including but not limited to, some canned ham and seafood, are not safe at room temperature. These shall be labeled "Keep Refrigerated."

4.1.3 SHIPPING CONTAINERS: All shipping containers used must meet National Motor Freight Classification or Uniform Freight Classifications, requirements/standards, http://www.nmfta.org/pages/nmfc and must be sufficiently sturdy to prevent crushing, bruising, or other damage to the contents, and to prevent breakage of the shipping container itself.

4.1.3.1 All packaging must be FDA and/or USDA approved commercial containers, suitable for use by government entities.

4.1.3.2 All shipping containers and cartons must be labeled with contents including brand name and volume.

4.1.3.3 All containers must be code dated with actual date of manufacture to include date, year, USDA CID, and batch number.

4.1.3.4 Commercial cartons must be used for all boxed Food Service Products.

4.1.3.4 As requested by the Authorized Purchaser, when shipping on pallets, similar Food Service Products must be delivered on the same pallet to avoid contamination and/or damage to the Food Service Products.

4.1.3.5 Food Service Products may be packed, shipped and delivered in reusable packing material and containers only if those materials and containers have been sanitized and are in good repair and working order.

(a) Orders must be drawn in quantities reflecting Contractor’s standard packaging, as long as Contractor’s packaging is the industry standard for normal commercial accounts for Food Service Products.

4.1.3.6 Special packaging and shipping requirements: Authorized Purchasers may include additional requirements for packaging and shipping as required for particular facilities as stated in their Ordering Instrument, which may include but are not limited to the following:

(a) All packaging and shipping containers must be non-breakable containers;

(b) Glass containers of any type will not be accepted;

(c) Food Service Products packaged with metal of any kind will not be accepted;

(d) Staples shall not be used as a final case closure. Case closures shall be accomplished by taping, strapping or gluing. All containers within the delivery unit of an individual Food Service Product must be of uniform size and weight. Containers and packaging with holes are not permitted;

(e) Maximum allowable case or tote weight is 50 pounds;

(f) Catch weight cases ARE NOT allowed without prior approval of the Authorized Purchaser;

(g) Frozen Food Service Products: All Food Service Products to be delivered in a frozen state shall be frozen to an internal temperature of 0 degrees Fahrenheit or lower at time of removal from the holding facilities preparatory to shipment. All frozen Food Service Products to be delivered to cold storage via refrigerated truck must be 10 degree Fahrenheit temperature or less at time of delivery;

(h) All Food Service Products must comply with the allergen labeling requirements of the Federal Food, Drug and Cosmetic Act (US Code, Title 21, Chapter 9)

4.1.4 CONTAINERS FOR FACILITIES – Correctional Facilities, and other institutions or facilities, require packaging and containers that do not present security problems (e.g. wire, metal, sharp edges, glass, etc.). Authorized Purchaser may require Contractor to modify or change packaging and containers for delivery to some locations, in order to reduce potential security problems. Contractor shall not increase pricing when making adjustments in packaging or containers used as a result of security requirements.

4.1.5 PALLETS:

4.1.5.1 Frozen Food Service Products and Dry Goods must be shipped on separate pallets. Total pallet weight must not exceed 1500 lbs. Authorized Purchasers may specify other requirements for pallets as appropriate.

4.1.5.2 Pallet charges are not allowed.

(a) OREGON DEPARTMENT OF CORRECTIONS, AS AUTHORIZED PURCHASER, DOES NOT PARTICIPATE IN PALLET EXCHANGE.

4.1.5.3 Pallets must be of good quality, wood or plastic, with four-way entry for fork lift access from all four (4) sides.

4.1.5.4 Each pallet of shipping containers must be stretch-wrapped with plastic film in a manner that will secure each container and layer of containers on the pallet.

4.1.4.5 Palletized Food Service Product must be loaded, blocked and braced or otherwise loaded in a way which will prevent shifting and damage to the Food Service Products during transit.

4.1.5.6 Pallet loads shall be stacked in a manner that minimizes the overhang of the shipping containers over the edges of the pallets and exposes the principal shipping container display panels to facilitate certification examinations.

4.1.5.7 Authorized Purchaser may reject Food Service Products that are damaged, incorrectly loaded, or on damaged pallets.

5. INGREDIENT; CHARACTERISTIC RESTRICTIONS:

5.1 SULFITES: Any Food Service Product offered must be certified free of sulfites under applicable State and Federal Guidelines.

5.2 All Dairy Food Service Products shall be U.S. Grade A, homogenized, pasteurized and shall meet or exceed the salient characteristics as prescribed within the United States Department of Agriculture (USDA) Commercial Item Description (CID) retrievable at: https://www.ams.usda.gov/sites/default/files/media/How%20to%20use%20CIDs.pdf

5.3 Authorized Purchasers may specify any particular ingredient requirements or restrictions in the Ordering Instrument that meet their dietary requirements, e.g. salient and fat percentages, sugar free, etc.

5.4 Authorized Purchaser may require Contractor to provide Food Service Products and documentation of sustainable products, such as those identified by, but not limited to the following certifications and recognitions:

(a) American Grassfed https://www.americangrassfed.org/

(b) Aquaculture Stewardship Council https://www.asc-aqua.org/

(c) Best Aquaculture Practices (BAP) certification https://www.bapcertification.org/ (Global Aquaculture Alliance)

(d) Fair Trade Certified https://www.fairtradecertified.org/

(e) Food Alliance http://foodalliance.org/operations/

(f) Marine Stewardship Council https://www.msc.org/en-us/

(g) Organic (USDA Certified) https://www.usda.gov/topics/organic

(h) Seafood Watch https://www.seafoodwatch.org/

(i) SPCA Certified https://spca.bc.ca/programs-services/certifications-accreditation/spca-certified/?utm_referrer=https://www.google.com/

5.4.1 SMALLWARES AND DISPOSABLE GOODS:

5.4.1.1 Contractor may be required to provide Food Service Products with, and documentation for, the following recycled content:

a. At least 50% secondary and post-consumer, and

b. At least 10-% post-consumer as defined in (ORS279A.010)

c. PET plastic that contains post-consumer waste as defined in (OAR 125-246-0320)

d. Recycled paper Food Service Products with:

i. At least 50% secondary waste, or

ii. At least 25% post-consumer waste (ORS 279.010)

5.4.1.2 Authorized Purchasers may request that any compostable non-food Food Service Products be certified compostable by the Biodegradable Product Institute (BPI), tested by the Compost Manufacturers Association (CMA) or listed by Cedar Grove (compostable products) and any other acceptable international composability certifications as needed.

5.4.1.3 Contractor may be required to provide wood and bamboo Food Services Products that can be certified, with the following hierarchy:

5.4.1.3 As the State objectives of reducing hazardous chemicals in Food Service Products without compromising performance or safety, the Authorized Purchasers may consider and require specific characteristics for the following:

(i) Plastics including films:

1. To avoid non-polystyrene (PS), polyvinyl chloride (PVC)/polyvinylidene chloride (PVDC), styrene butadiene rubber (SBR), acrylonitrile butadiene styrene (ABS) and polycarbonate (PC)

2. Bisphenol free and Phthalate free.

(ii) Paper products (wood and other plant based);

1. PFAS/fluorinated chemical free;

2. Unbleached products i.e.,

a. Unbleached or chlorine alternative (e.g. oxygen, ozone, and hydrogen peroxide);

b. PCF (processed chlorine free);

c. TCF (total chlorine free);

d. ECF (elemental chlorine free).

(iii) Cleaning Food Service Products, including kitchen soap (see applicable standards in section 5.4.2.3):

1. Prefer non-aerosol containers.

2. To avoid carcinogenic ingredients (e.g., ortho-phenyl phenol, or respiratory sensitizers as identified by the Association of Occupational and Environmental Clinics (AOEC) (e.g., sodium hypochlorite, hydrogen chloride, and quaternary ammonium chloride compounds) or dermal sensitizers (e.g., pine oil)

3. Prefer products with the one or more of the following certifications:

a. UL Ecologo, UL 2759, Sustainability for Hard Surface Cleaners

b. UL Ecologo UL 2792, Sustainability for Cleaning and Degreasing Compounds: Biologically-Based

c. UL Ecologo UL 2794, Sustainability for Disinfectants and Disinfectant Cleaners

d. Green Seal, GS-37, Cleaning Products for Industrial and Institutional Use

e. Safer Choice listed

6. BEVERAGE DISPENSER AND BREWER INSTALLATION AND MAINTENANCE:

6.1 At no added cost to Authorized Purchaser, Contractor shall furnish all materials and labor for necessary installation of beverage dispensers and brewers (“Dispensers”). Contractor shall not provide construction services such as plumbing, electrical, building modifications, painting, etc., under this Contract.

6.1.1 As requested by Authorized Purchaser, Contractor shall provide Dispensers that can be locked-out during non-meal periods and are tamper-proof in self-service brewing and dispensing use.

6.1.2 SET UP: At no additional cost and upon Authorized Purchaser’s request, Contractor shall set up Dispensers where floor drains are currently being used for other dispensers and shall set up Dispensers to drain to existing floor drains. Contractor shall furnish drip pans for all machines not set up with floor drains.

6.1.3 DISPENSER RACKS: Upon Authorized Purchaser’s request, Contractor shall supply at no extra charge for each Dispenser a rack, capable of supporting juice dispensers and Bag-N-Boxes. Racks must have smooth edges and corners, have the capability to hold four (4) three gallon Bag-N-Box juice Food Service Products, be new or in like new condition and easily cleanable.

6.1.4 DISPENSER MAINTENANCE AND REPAIRS: At no added cost to Authorized Purchaser, Contractor shall provide supplies needed for daily cleaning of the Dispensers.

6.1.4.1 Contractor shall perform a preventative maintenance inspection for its Dispensers as recommended by manufacturer specifications, using trained and qualified service technicians ("Service Technicians") of the Contractor.

6.1.4.2 For each service call for Dispenser repair, Contractor shall provide repair service within twenty-four (24) hours of the repair request at no additional cost to the Authorized Purchaser.

(a) In the event the Dispenser cannot be repaired, Contractor shall replace the Dispenser within twenty-four (24) hours of the repair request at no added cost to the Authorized Purchaser.

6.1.4.3 Contractor shall ensure that its’ service technicians bringing tools into Authorized Purchaser premises maintain complete physical control of tools at all times.

6.1.4.4 Contractor’s service technicians, upon request by Authorized Purchaser, is subject to and shall pass a criminal history and other background checks prior to entry into the Authorized Purchaser’s facility.

7. PRICING; ORDERS AND PURCHASES:

By signature of Agreement, Contractor agrees to deliver the Food Service Products specified on Exhibit B, Category Pricelist Tab 1-9 according to each Ordering Instrument submitted to Contractor.

When Order Instruments are placed, Contractor shall confirm receipt of the Ordering Instrument within 24 hours of order placement. Order confirmation must indicate any shortages, back orders, and delayed shipments that may impact the order.

7.1. DISCOUNTS, REBATES AND CREDITS:

Contractor shall comply as applicable, and shall cause each of its sub vendors, to comply, with the applicable requirements and responsibilities set forth in the National School Lunch Program code of federal regulations 7 CFR 210.21(f) Procurement standards as follows:

7.1.1 Contractor must separately identify for each cost submitted for payment to the school food authority the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account); or

7.1.2 Contractor must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification;

7.1.3 Contractor's determination of its allowable costs must be made in compliance with the applicable regulations of the Federal Office of Management and Budget;

7.1.4 Contractor must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by Authorized Purchaser, the school food authority may permit Contractor to report this information on a less frequent basis than monthly, but no less frequently than annually;

7.1.5 Contractor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and

7.1.6 Contractor must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the school food authority, the Authorized Purchaser, the State of Oregon or the Federal government

7.2 SPECULATION: The Contractor should keep the Contract Administrator and Authorized Purchaser informed of the market in all Categories. The Contractor shall implement a least-cost method for procuring all Food Service Products in all Categories and regions awarded for this Price Agreement.

7.2.1 Contractor shall provide the State an immediate benefit of any cost reductions through lower pricing at the semi-annually price adjustment where 3% or greater discounting of price over the previous six-months has occurred. Any net discounted savings of greater than 5% between six-month periods for an entire Category of Food Service Products within a region shall be deducted from Contractor's List Price.

7.3 BUY AMERICAN: Contractor shall purchase for resale through the Agreement, to the maximum extent practicable, domestic Food Service Products and shall comply, as applicable, and shall cause each of its subcontractors to comply, with the applicable requirements and responsibilities set forth in the Buy American code of federal regulations 7 CFR 210.21(d). https://www.ecfr.gov/cgi-bin/text-idx?SID=4c211a738d6109939c6054a6286ac109&mc=true&node=pt7.4.210&rgn=div5#se7.4.210_121

(a) For purpose of this section, “domestic” commodity or product Food Service Products mean:

(i) An agricultural commodity that is produced in the United States; and/or

(ii) A Food Service Product that is processed in the United States substantially using agricultural commodities that are produced in the United States.

7.3.1 Pursuant to USDA guidelines, a preference for United states-grown Food Service Products and United States processed Food Service Products will be given where economically feasible.

8. ADDITIONAL FOOD SERVICE PRODUCTS; NONSTOCKED FOOD SERVICE PRODUCTS:

From time to time during the term of the Price Agreement, Authorized Purchasers may request that Contractor provide additional Food Service Products in the scope of, but not listed in, Exhibit B - Categories Pricelist Tab 1-9, if the requested Food Service Products are readily available from a Contractor. Contractor shall provide these Food Service Products at normal Category pricing without additional stocking fees or charges.

9.1 Contractor shall not refuse a request from the Authorized Purchaser to add a Food Service Product to Exhibit B, Category Pricelist Tab 1-9, if it is readily available from a Contractor and pricing is reasonable.

9.1.1 Contractor shall stock Food Service Products listed in Exhibit B, Category Pricelist Tab 1-9, that are not normally stocked but for which the Authorized Purchaser has established consistent usage of at least five (5) cases weekly.

9.1.2 Subsequent to Agreement award, consideration may be given to the addition of Food Service Products and associated services to the Contract as a part of the Exhibit B- Food Service Products Pricelist Category Tab 1 – 9, Type 1, Type 2, or Type 3, if such Food Service Products and associated services are:

(a) Needed by Authorized Purchaser;

(b) Similar to those already awarded, or are of the same Food Service Product/service line, or are included in Contractor’s (and/or subsequently in contractor’s) Food Service Product Catalog; and

(c) Prices do not exceed Contractors actual Price including freight and a fixed fee (which actual cost shall not exceed market price).

9.1.3 DAS PS and Contractor may by mutual agreement change the Exhibit B- Food Service Products Price List Category Tab 1– 9 to add these Food Service Products, delete Food Service Products and change unit size and make price adjustments as a matter of contract administration.

9.2 SPECIAL PURCHASES: The Contractor may negotiate with Authorized Purchaser for Food Service Products needed by an Authorized Purchaser which are not ordinarily a part of the Contractor’s standard Food Service Product/service line or which represent a special value.

9.2.1 Contractor may provide assorted fresh produce that has only slight cosmetic imperfections, be current pack, and have the same nutritional value as a manufacturers #1 product, at a reduced price when this type of produce become available.

(a) Fresh produce may include manufacturers’ Rejects, and Distressed Food Service Products and shall be fit for human consumption, within expiration dates and meet the #1 nutritional standards.

(b) Contractor must label as this type of Food Service Products with a full description and notate the special characteristics of the special value.

10 IMPORTED FOOD SERVICE PRODUCTS AND RESTRICTIONS ON PURCHASES :

10.1 All imported Food Service Products must meet all U.S. standards including informative and truthful labeling in English and must meet the product standards of ISO 22000. Information can be found at: http://www.iso.org/iso/iso_and_food.pdf .

10.1.1 Contractor shall provide written documentation of inspection, passing, or both, by the U.S. Food and Drug Administration, or any other United States Government Department, Bureau or Agency with jurisdiction over imported products at the Port of Customs entry. Documentation must be provided within 48 hours upon request by the Authorized Purchaser for imported Food Service Products.

11. DELIVERY:

11.1 Delivery shall be fully prepaid by the Contractor Freight on Board Destination (F.O.B Destination).

11.1.1 All Food Service Products must be delivered to Authorized Purchaser’s requested location, free from damage, with all packaging and packing intact.

12.1.1.1Bakery products: Contractor shall deliver all fresh Bakery Products within twenty-four (24) hours of production.

11.1.2 For orders that cannot be delivered within the agreed upon scheduled delivery date(s), Contractor shall contact the Authorized Purchaser with an updated delivery date within twenty four (24) hours after receipt of the Ordering Instrument. Failure to do so may result in the backordered Food Service Products being cancelled from the order.

11.1.3 In the event of a holiday, or Authorized Purchaser’s facilities are closed for inclement weather, deliveries will be made the next day that the Authorized Purchaser’s facilities are open, unless other arrangements have been made with, and approved by, the Authorized Purchaser.

12.1.3.1 For purposes of these Technical Specifications, "weekends" means; Saturdays and Sundays, and "holidays" means New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

11.1.4 Authorized Purchaser may request after hour deliveries. (Note: “after hours deliveries” are deliveries of Food Service Products made during the period of time that is after Contractor’s normal hours of business operation.)

11.2 DELIVERY TO FACILITIES: Delivery requirements shall be determined by the Authorized Purchaser. Contractor shall coordinate deliveries with each Authorized Purchaser or representative, including shipping instructions, delivery dates, and other instructions.

Contractor shall deliver the Food Service Products in accordance with Authorized Purchaser's instructions, including delivery dates on the Ordering Instrument.

11.2.1 Contractor shall require its driver to deliver and unload all Food Service Products ordered to the Authorized Purchasers designated receiving area.

11.2.1.1 The Contractor shall remove excess pallets used for delivery from the delivery point, as specified by the Authorized Purchaser.

11.2.1.2 Contractor shall not interfere with any daily on-going business operations that are scheduled for delivery or work.

11.2.2 Contractor shall provide to Authorized Purchaser a delivery ticket with each delivery documenting the Food Service Products delivered, brand name, size/weight/volume, color if applicable, and packing size. Delivery tickets shall identify the Ordering Instrument number.

11.2.3 Upon each delivery, Contractor shall remove all packaging and delivery materials including but not limited to containers.

11.2.4 ONSITE PREMISE CONDUCT: Contractors, their employees and sub-contractors shall act in a professional manner onsite at Authorized Purchaser’s facility. Contractor shall enforce proper discipline and decorum among all employees and sub-contractors working on the premises and shall not allow among other things:

Noise, including music,

(a) Use of offensive language,

(b) Riding in passenger elevators,

(c) Any transportation of articles or materials deemed hazardous, and;

(d) Any other behavior as specified by Authorized Purchaser.

12. RECEIPT; ACCEPTANCE:

Risk of loss or damage to Food Service Products remain with the Contractor until final inspection and acceptance, then the risk passes to the Authorized Purchaser.

12.1 Contractor shall ensure that ALL deliveries transported and delivered in shipping containers to Authorized Purchaser have the Bill of Lading (BOL), or other shipping or receiving papers, available for Authorized Purchaser's receiving staff to inspect prior to opening the transport container.

12.2 All deliveries are subject to inspection at destination. The inspection is normally limited to identity, count and condition; however, this may be expanded if deemed necessary by the Authorized Purchaser. Non-conforming Food Service Products may be rejected at Contractor expense.

12.2.1 All deliveries may be subject to health inspections. In addition, the delivery vehicles may be inspected for cleanliness, condition and truck temperatures.

12.2.2 The Authorized Purchaser or authorized representative at each delivery point is responsible for inspecting and accepting Food Service Products as they are delivered. The delivery tickets shall not be signed prior to the inspection of each Food Service Product, unless agreed upon by the Authorized Purchaser. All overages, shortages and returns are to be noted on the delivery ticket by Authorized Purchaser or authorized representative and truck driver.

12.3 The Authorized Purchaser or authorized representative is deemed to have been delivered Food Service Products procured hereunder when such Food Service Products have been, in fact, deposited at the Authorized Purchaser's dock and all bills of lading or other shipping papers that require signature by the Authorized Purchaser have been signed.

12.3.1 A bill of lading and any other shipping or receiving papers, MUST include the following information:

• Name of Contractor;

• Name of shipping and Transport Company;

• Authorized Purchaser name, with complete delivery address as indicated on the Ordering Instrument;

• Ordering Instrument No. issued by Authorized Purchaser;

• Description of ALL Food Service Products contained on the truck to be delivered as indicated on the Ordering Instrument; and

• Accurate quantity and unit of measure of Food Service Products delivered, case count, number of pallets, and total weight of delivered Food Service Products.

12.3.2 In spite of receipt, Authorized Purchaser or authorized representative shall be deemed to have accepted Food Service Products procured hereunder only after actual inspection for conformity or the passage of fifteen (15) days from receipt, whichever occurs first.

13. SAMPLES AND TESTING:

The Authorized Purchaser has the right to request Food Service Product samples at no charge, to test any Food Service Product purchased and determine whether the Food Service Product is acceptable and meets specifications and grades required.

14. REPORTING REQUIREMENTS:

14.1 Authorized Purchasers reserve the right to develop their own reporting criteria and may require monthly electronic usage and quality reports. These reports may include but are not limited to, the following criteria, (in no particular order):

· Fill rate

· Delivery success rate

· State of Oregon Agreement number

· Usage broken down by state agency, political subdivision and location.

· Number of orders placed

· Delivery Zip Code

· Unit List Price per Food Service Product on Ordering Instrument

· Total dollar value of orders placed during the reporting period

· Average value of each order

15. ONLINE ORDERING:

At all times during the term of this Agreement and any resulting Contract, it is desired that Contractor maintain an online ordering program for Food Service Products Pricelist - Exhibit B that is accessible via internet. Online program may transmit orders, show inventory levels, Authorized Purchaser’s exact cost per Food Service Product, total cost per order and alert users to any potential shortages affecting orders placed. Contractor shall also accept orders via telephone, email or fax machine in addition to electronic on-line ordering.

15.1 An online ordering program may include Contractor’s full line catalog including Agreement list price and the Contract list price for all Food Service Products available in the Contractors’ online ordering system, including and not limited to:

15.1.1 An online ordering portal and catalog that provides “help” functions, order tracking, related prompts which open automatically to a Food Service Product description, item number, manufacturer’s item number, agreement list price, and photo.

15.1.2 Online ordering capability ideally would be available to all Authorized Purchasers within 30 days of the Price Agreement effective date. Customer service agents and technical support staff would be available to handle all orders and mitigate all order-related technical issues from 8:00 am to 5:00 pm.

16. CREDIT CARD PAYMENTS:

16.1 Authorized Purchasers may desire to purchase Food Service Products through credit cards to provide efficiency, save time and funds. Major Credit Cards may be used.

17. EARLY PAYMENT DISCOUNTS

17.1 Early payment discounts may be offered and would be considered for payments that are paid sooner than standard of forty-five (45) days net.

18. OTHER COST SAVINGS SUGGESTIONS:

18.1 Authorized Purchasers maximize their spending power of taxpayer dollars and are continually looking to ways in which to increase taxpayer spending power. Suggestions and ideas are important throughout the life of the Agreement and are encouraged to continually provide this information considering the various business models and changes as they occur, both with the purchasers and Contractor’s company.

18.2 Food waste reduction. The wasting of food is a waste of taxpayer dollars and also contributes to climate change. Food waste occurs at each step in the supply chain. Oregon Department of Environmental Quality (ODEQ) is a resource for information as well as programs for reducing food waste. Vendors and cafeterias may benefit and are encourage to contact ODEQ at https://www.oregon.gov/deq/mm/Pages/default.aspx or other organizations, such as the West Coast Climate Forum, that provide similar resources.

19. PRODUCT EFFICIENCY:

Savings can be realized by purchasing energy and water efficient Smallware’s Food Service Products. Preferred Smallware products should be energy and/or water efficient and have been certified by ENERGY STAR, WaterSense, listed by Consortium for Energy Efficiency (“CEE”) or listed by the Federal Energy Management Program (“FEMP”).