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Item 12AGENDA ITEM NO. 12 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: June 21, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF AN AGREEMENT WITH U.S. FOODS TO PROVIDE RAW FOOD AND MISCELLANEOUS FOOD SUPPLIES FOR THE SENIOR MEALS PROGRAM RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Authorize the City Manager to execute an agreement with U.S. Foods, Inc. for raw foods and miscellaneous food supplies for the City's Senior Meals Program, in an amount not to exceed $60,000, for a term through November 24, 2022; and 2. Authorize the City Manager to negotiate and execute all necessary documents in such final form as approved by the City Attorney, including any amendments to the agreement if the State of California extends its agreement. BACKGROUND: During the COVID-19 pandemic, the Cortez Park Community and Senior Center was required to close due to the Safer at Home Orders issued by Los Angeles County. In response, the in -person hot senior meal program was adapted into an emergency meal program providing frozen meals both via drive-thru and home delivery for LA County residents. As of May 23, 2022, the West Covina Senior Meals Program re -opened for in -person service of hot meals two days per week and providing participants with five frozen meals for the balance of the week. Staff plans on serving 175 seniors each day. As the meal program is currently providing both hot and frozen meals, the City needs food vendors for both frozen and raw foods. This contract is for the raw foods used in the hot meals. In preparation of hot meals, the Senior Center Cook develops a unique daily lunch menu for the senior participants that is monitored by Los Angeles County to meet the nutritional needs of seniors. Based on the approved menu, raw food (i.e., meat, produce, eggs, beverages, etc.) is purchased for meal preparation. It is expected that the program will fully transition back to in -person service during the upcoming fiscal year. At this time, however, it is uncertain when this will occur. DISCUSSION: L RFP-58009 Section 1 - Introduction - 1. Introduction - 1.1 Purpose of this Request for Proposal (RFP) This RFP reflects the requirements of the State of California (State) to elicit proposals from firms qualified to be the Miscellaneous Food Vendor to provide various food items at contracted pricing for products to State and local governmental agencies in accordance with the requirements of this RFP. Bidders submitting a proposal to become a State contractor for - the Miscellaneous Food Vendor contract must be able to supply the entire portfolio of products. The State intends that the awardedbidder(s)will work in cooperation with the State to furnish quality products at the lowest prices availableina timely and efficient manner. However, the State will make no guarantee to quantities or dollar volume of this contract. The awarded bidder(s) will be the primary point for providing the logistics for warehousing, the data collection and reporting usage of this contract, as well as the distribution of food products throughout the State. This RFP is being conducted under the Public Contract Code (PCC), Section 10298 (a) The director may consolidate the needs of multiple state agencies for goods, information technology, and services, and, pursuant to the procedures established in Chapter 3 (commencing with Section 12100), establish contracts, master agreements, multiple award schedules; cooperative agreements, including agreements with entities outside the state, and other types of agreements that leverage the states buying power, for acquisitions authorized under Chapter (commencing with Section 10290), Chapter 3 (commencing with Section 12100), and Chapter 3.6 (commencing with Section 12125). State and local agencies may contract with suppliers awarded thosecontracts without further competitive bidding. The awarded bidder(s) shall permit local governmental agencies to participate under this contract. For the purpose of this proposal, local government agencies are defined as "any city, county, city and county, district or other governmental body or corporation, in the State of California, empowered to expendpublic; funds for the acquisition of products".. Local governmental agencies shall have the same rights and privileges as. the. State under the terms. of this contract. Any agencies desiring to participate shall be required to comply with the same requirements as do State agencies and have no authority to amend, modify, or change any condition ;ofthis contract. The following product categories reflect, but do not limit, the types of products to be included in this RFP: -• 1. Grocery, Dry • 2. Grocery, Refrigerated or Frozen • 3. Produce - - - • 4. Meat, Chicken, Seafood, Refrigerated or Frozen • 5. Dairy • 6. Emergency Definition and content for these categories are as follows: 1-1 RFP-58009 Section 1 - Introduction Miscellaneous Food Contract Category Definitions: Category 1 GroceryBeverage Fruits & Vegetables Meat Poultry, Fish (No Refrigeration Required) • Beverages (excluding Dairy Liquids), including, but not limited to, Fruit & Vegetable Juice, Soda, Tea, Flavored Waters, Coffees, packaged in Cans, Boxes, Glass, Plastic; Pouches, etc. • Fruit or Vegetable Produce that is NOT in its Raw Produce state. This includes, but is not limited to, Canned, Pouched, and Dehydrated. • Meat & Poultry including, but not limited to, Beef, Pork, Lamb, Chicken, Turkey, Duck, Goose, etc. These products can be, but are not limited to, Canned, Pouched,. Dehydrated. • Fish/Seafood including, but not limited to, Fish (all Species), Shrimp, Scallops, Clams, etc. These products can be, but are not limited to, Canned, Pouched, Dehydrated. • Beverages (Frozen or needing Re • Fruit or Vegetable Produce that is limited to, IQF, Frozen, Refrigerate • All Eggs in any form (Raw, Hardbi included in this category. in its Raw Produce state. This includes, but is not Peeled, Diced, Liquid, etc.) Egg substitutes may be Category 3:Fresh Produce: - - - • All Fruit or Vegetable Produce in its Raw Produce state. It can be Sliced, Chopped; Diced, -Coined, Mixed, etc. It CANNOT include any processing that alters its raw state. (i.e. IQF, Frozen, Mashed, Canned, Parboiled, Blanched, etc. Category 4 Meat Chicken Seafood (Refrigerated or Frozen) • All Meats including, but not limited to, Beef, Pork, Lamb, These products can be Raw, Precooked, Processed; Frozen, Breaded, Flavored, etc. - - • All Poultry including, but not limited to, Chicken, Turkey, Duck, Goose, etc. These products can be Raw, Precooked, Frozen, Flavored, etc. • All Fish/Seafood including, but not limited to, Fish (all Species), Shrimp, Scallops, Clams, etc. It may be Raw, Precooked, Frozen, Breaded, Packaged for Individual or in Bulk. Cateaory 5 Dairy: - • All Dairy products including, but not limited to, Milk, Cheese, Butter, Ice Cream, etc. Category 6 Emergency: - • All Products ordered from the above Categories in support of State of California agency emergencies. These include, but are not limited to, Earthquake, Fire, Flood, etc. Delivery locations will be Statewide, from border to border. These locations will include, but are not limited to, California Department of Corrections and Rehabilitation, Department of Developmental Services; California Highway Patrol, Veteran's Homes, Department of State Hospitals, Department of Forestry, and Department of Education, as well as possible 2,000 local governmental agencies that have the option of utilizing this contract. The term of the contract is for two (2) years, and the State has the unilateral right to exercise options to extend the contract for three (3) additional one (1) year periodsor portionsthereof. - For the term of the contract all items shall be priced on the cost plus basis and including discounts shall be guaranteed for the two (2) years of the contract, including. extensions. All discounts, terms and conditions will remain the same for the entire contract period. 1-2 RFP-58009 Section 1 - Introduction The use of this contract is non -mandatory for all State and Local government agencies. The State intends this RFP be made to either multiple awardees or whatever is in the best interest of the State. - - The State is required by Statute to procure certain goods from alternative procurement vehicles (i.e. Prison Industry Authority products) and prohibited from using public monies for purchase of other goods. Mandatory Items excluded from this bid are listed on the following websites Prison Industries Authority website: httr)7//cataloo.pia.ca.gov/store.php'?t--I 199735275 DGS/PD Food Contracts website: http7//www.eprocure.das.ca.00v Any or all of the above items may be added to the contract later, with the price to be negotiated between the contractor(s) and the State. 1.2 Overview of the RFP The State of Cal'rfomia, Department of General Services (DGS) is issuing a two phase RFP-. Phase 1 will be used to evaluate. (pass/fail) administrative and technical requirements. _ Phase 2, if used, will be used to open cost tables and negotiations with selected responsive_ and responsible bidders. - After the State's Evaluation Team has evaluated the RFP responses, the. State reserves the right to: - 1. _Award the contract to the highest scoring bidder(s), in accordance with Section 7 Evaluation and Selection; - - 2. Conduct further negotiations with a select number of bidders as described in Section 3.3, Negotiations, pursuant to P.C.C. 6611 and Administrative Order (AO) 05-01. - The awarded bidder(s) will be responsiblei for supplying all goods and services described in this RFP to meet the requirements of the State. 1.3 Current Operation - The Department of General Services, Procurement Division (DGS-PD) is the central purchasing and materials management agency for the State. This RFP for the Miscellaneous Food Contract is designed to take advantage of volume purchasing and obtain the lowest prices to State and local governmental agencies, while reducing environmental impact. The State has estimated, based on historical (State facilities only) spend data, that the average annual spend for the Miscellaneous Food Contract is approximately $16 million dollars. Since this number is based on estimated historical volume that may fluctuate up or down, the State will not guarantee any minimum/maximum usage volume commitments. The previous bid for the Miscellaneous Food Contract was RFP DGS - 56462, conducted.by DGS PD in 2008. 1-S RFP-68009 Section 1 - Introduction The overall goal when purchasing food products is to take advantage of volume purchasing to leverage the State's buying power, while reducing environmental impacts that may result from products or packaging through their life cycles. Purchase orders placed against this contract will be for consumable food products only (excluding category 6, Emergency). Any non-food products may not be purchased using the resulting contract from this RFP.. - 1.4 Key Action Dates Listed below are the important dates and times. If the State finds it necessary to change any of these dates before the Final Proposal due date, it will be accomplished by addendum sent to all bidders. All dates after the Final Proposal submission deadlines are approximate and may be adjusted as conditions indicate, without addendum to the RFP. Unless otherwise.indicated, bidder submissions shall be due by the close of the business day on the date indicated in this Section. Close of the business day shall be 5:00 p.m. All times are Pacific Standard Time (PST,)/Pacific Daylight Time (PDT). - Item Number Action Date 1. RFP. Release - - 419/13 2. Last Day to Submit Questions for clamcation: 4/15/13 to the RFP for Bidder's Conference. 3. Bidder's Conference California:SB/NS Business. Partnership. Workshop4/17/13 4. Confidentiality Statement Due y 4/17/13 5. Last Day to Submit Questions.and Request Changes 4/23113 6, Responses to Bidder Questions Released 5/7/13 7. "Intent to Bid Due 5115/13 83, Last Day to Protest Bid Requirements 5/21/13 9: Letter of Acceptance -Due „ 5/29/13 10. Draft Proposals Due 6/18/13 11 „Draft Bid Evaluations 6119/13 — 713/13 12.'Responses to Draft Bid 7/10/13 13 " Final Proposals Due by close of business 5:00 P.M.:PDT, . 7/24113 14 RFP•Final Proposal Evaluation to determine responsive 7125/13 — 8/1/13 and responsible Bidders (Administrative and Technical) 1-4 RFP-58009 Section 1 - Introduction 15. Bidder notification of Final Cost Opening 8114/13 16. Final Cost Opening (Public 2:00 P.M) 8/15/13. 17. Final Cost Evaluations 8/16/13 - 8/29/13 18."Identified Bidders invited to Participate in Negotiations TBD if Necessary 19. " Negotiations conducted with identified Bidders •TBD if Necessary 20. `* Negotiations Final Evaluation ° TBD if Necessary 21.`Notice of Intent to Award 915/13' 22. *Last Day to Submit Notice oflnfent to Protest Award 3 Days after Notice of Intent 23. Contract Award 9/9/13 "Date may change; notification by addendum `*Bidder participation is mandatory. 1.5 Procurement Official The Procurement Official at the DGS is listed below:. All inquiries, questions and proposal submittals must be directed to only this person; unless otherwise identified in this RFP or changed. by addendum to this RFP. Oral communications directly with department officers and employees concerning this RFP are discouraged and shall not be binding on the State. Bidders should only rely on written statements issued by the Procurement Official. Dave Henning Procurement Division Department of General Services 707 3rd Street, 2nd Floor. West Sacramento, CA 95605 Telephone: 916-375-4544 Facsimile: 916-375-4613 - - E-mail:-dave.henning@dgs.ca.gov. 1.6 Intent toBid Bidders wishing toparticipate in this RFP must submit written notification of their intent to respond to this procurement in accordance with Section 1, Key Action Dates, Intent to Bid, in order to receive additional information- Only those bidders acknowledging, in writing, interest in this RFP will receive further correspondence regarding this procurement: The Letter of Intent to Bid should identify the contact person for the solicitation process and include a telephone number, facsimile number, and e-mail address. There is to be only one contact person during the process. Information related to a bidder will only be given to the designated contact person. 1-5 RFP-58069 Section.1 - Introduction The Letter of Intent to Bid is attached as Exhibit 8 01. Pleasedomplete the exhibit and submit it with any necessaryattachments. - - 1.7 Bidder Admonishment This RFP contains the instructions governing the requirements for a proposal to besubmitted by interested bidders; the, required format,the materials to be included for proposal submission, the requirements that bidders, must meet to be eligible for participation, and bidder responsibilities. - - - Bidders are responsible for reading the entire- RFP carefully. If clarification is necessary, the - bidder must submit clarification questions. by a -mail. to the Procurement Official identified in ' Section.1.5. Bidders must submit all required responses fully completed by the required dates and times specified in Section 1.4, Key Action Dates and insure that all procedures and - requirements of this RFP are accurately followed and appropriately addressed in order to be considered. - - IF A BIDDER EXPECTS TO BE AFFORDED THE BENEFITS OF THE STEPS INCLUDED IN THIS RFP; THE BIDDER MUST TAKE THE RESPONSIBILITY TO: • ASK APPROPRIATE QUESTIONS IN A TIMELY MANNER, ESPECIALLY FOR CLARIFICATION OR REQUESTING CHANGES: - • SUBMIT ALL.COMPLETED, REQUIRED RESPONSES BY THE REQUIRED DATES AND TIMES. • ASSURE THAT ALL PROCEDURES,AND REQUIREMENTS OF THE RFP ARE ACCURATELY FOLLOWED AND APPROPRIATELY ADDRESSED. - • - CAREFULLY READ THE ENTIRE RFP BEFORE PREPARING AND SUBMITTING THE PROPOSAL. 1.8 Americans with Disabilities Act - Following is the "policy of the Procurement. Division of the State Department of General Services to Comply with Title II of the Americans with Disabilities Act (ADA) Compliance Policy of:Nondiscrimmation on the Basis obDisability i- - _ To meet and carry out compliance with the nondiscrimination requirements of Title 11, Americans with. Disabilities Ad (ADA), it is the policy of the Procurement Division (within the State Department of'General Services) to make every effort to ensure that its programs, activities, employment opportunities, and services are available to all persons, including persons with disabilities.' For persons with a disability needing reasonable accommodation to participate in the Procurement process, or for persons having questions regarding reasonable accommodation for the Procurement process, please contact the Procurement Division at 916-375-4400 (main office). Procurement Division's TTYITDD (telephone device for the deaf) and California Relay Service numbers are listed below. You may also directly contact the Procurement Official contact person that is handling this procurement. - IMPORTANT: To ensure that we can meet your accommodation, it is best that we receive your request at least ten (10) working days before the scheduled event (i.e., bidder - conference) or deadline due -date for procurement documents. Procurement. Division's TTY1TDD telephone number is: Sacramento: 916-376-1891 1-6 RFP 58009 Section 2 — Rules Governing Competition - 2. Rules Governing Competition 2.1 Identification and Classification of RFP Requirements. 2.1.1 Requirements The State has established certain requirements with respect to proposals to be submitted by prospective bidders. The use of "shall," "must," or "will' (except to indicate simple futurity). in the RFP indicates a -requirement or condition that must be met. The State may, at its sole discretion, waive these requirements or conditions 0 the conditions are determined to be not material. A deviation from'a requirement is material ff the deficient response; - Is not in substantial accord with the RFP requirements - - Provides an advantage to one bidder over other bidders - Has.a.potentially. significant effect on the delivery, quantity or quality of items proposed, amount paid to the bidder, or for the cost to. the State. Material deviations cannot be waived. 2.1.2 Desirable. Items - The words"should" or "may" in the RFP indicate non -mandatory attributes or conditions, but are permissive in nature. Deviation from or omission of such a desirable feature, even if material, will not in itself cause rejection of a proposal. 2.2 Proposal Requirements and Conditions . 2.2A General This RFP, the evaluation of responses, and the award of any resultant contract shall be made in: conformance witty the competitive proposal submission criteria defined herein. Acompetitive proposal, after Final Proposal submission, is in the nature of an irrevocable offer: and a contract right of which the public agency cannot be deprived without its - consent. For purposes of this RFP, the bidder's Final Proposal is an irrevocable offer for 90 days following the scheduled data for contract award"speci ied in Section 1.4, Key ActiornDates. Bidders may extend the offer in writingin theevent of a delay caused by a protest of the intended award or other factors during this period. The purpose of competitive procurement is to secure public objectives at the lowest practicalzost andevoid •th'e possibilities of graft, fraud, collusion', etc. Competitive procurement is designed to benefit thepublic body (theState, in the present context), and is not,for,the benefit of the bidders. It is administered to accomplish its purposes - with solereference to the public interest. It is based upon:full and free procurement to - ,satisfy State specifications and acceptance by the State of the most value -effective - solution to the States -requirements, as determined by the evaluation criteria contained in the RFP- - - For, a variance between the RFP and the responding proposal to be such as to preclude acceptance (the proposal.must be rejected), the variance. or deviation must be material. To have competition, responding proposals must be bidding on the goods and services ,that meetthe requirements,' - 2 1 .. _ RFP 58009 section" 2 — Rules Governing Competition 2.2.2 News Releases and/or Publications - -' •i . News releases and/or publications pertaining to the award and/or contract resulting from this RFP shall not be made without priorwritten approval of the Procurement'Official listed in Section 1.5. 2.2.3 Confidentiality The contents.of all proposals, in response to this RFPl including,all correspondence, agenda, memoranda, working papers, or any other medium, which discloses any aspect of'a bidder's proposal, shall be held in thestrictest confidence until the Notice of Intent to. Award, is published. After the Notice of Intent to Award is published; all:proposals become public records. _ 2.2.4 RFP Documents In addition town explanation of the'State s needs: this RFP describes the format and content of proposals tobe submitted and the Standard Agreement•(Std 213) Section 2.81, Exhibit 8 09 to, be'executed be*een the State and the successful bidder. Modifications will be made by addenda issued -pursuant to Section 2.2.10. Clarifications shall given,by written notice to all parties Who havebeen.furnished an RFP for. proposal. submission purposes, witIhoufdivulging. the source of the, request for it. The State will give notices to other interested parties upon request. If a bidder fails to notify the State (last day to submit questions) of known error in the RFP 'or.anerror that reasonably should have been known to.the bidder, the.bidder shall submit their proposal, at their own risk. if awarded the contract, thebidder shall not be entitled to additional compensation or time; by, reason of the error or its later correction. 2.2.5Disposition ofProposals All materials submitted in response to this RFP will become the property of the State and will be retumed.only at the State's.option and at the bidder's expense. The original copy shall be retained for official files and will become a public record subject to Section 2.2.3 above. In the event that this RFP is cancelled and no contract is awarded, the State, at its own expense, shall return proposals fo each bidder and: the State will not retain a _ copy. 2.2.6 .Examination of the Work The bidder should carefully examine: • TheentireRFP and any addenda thereto • All related materials and data referenced in the RFP or otherwise available • The nature and location of the work; the quantities of the work, and the conditions to be encountered in performing the work Failure to examine any document, drawing, specification, or instruction will be at the bidder's sole risk. - - 2.2.7 - Questions, Clarifications, or Requests to Change the RFP Requirements - Bidders requiring clarification of the intent or content of this RFP or on procedural _ matters regarding the competitiveproposal process may request clarification by submitting questions via mail, e-mail, or delivery to the Procurement Official identified in Section 1.5. To ensure response's, questions must be received by the scheduled date(s) 2-2 UP`58009 : Section 2 -:Rules Governing Competition given in Section 1 4, Key Action Dates. Question and answer sets will be provided to all bidders without,identifying The submitters:. - In regard to the proprietary. aspect of the proposal, e bidder needing clarification or information on the content of the RFP may submit questions marked "CONFIDENTIAL" no later than the scheduled date specified in Section 1.4, Key Action. Dates, to ensure response. The bidder must explain why the questions are sensitive in nature. If the State agrees that the disclosure.of the question or answer would expose the proprietary nature of the proposal, the question will be answered and both the questionand answer will be kept in confidence. If the State does not concur with the proprietary aspect of a. question, the question will not be answered in this manner and prior to release of the question and answer sets, the Bidder will be noted. In the event a bidder believes that the State's RFP is unfairly restrictive, ambiguous, contains conflicting provisions or mistakes, or commercially impracticalto perform, the - matter should be promptly brought to the attention of the Procurement Official identified in Section 1.5. The matter shAll.be submitted in writing for the State to consider and take appropriate action. - If the bidder believes that the RFP requirements are onerous, unfair,- or impose unnecessary constraints to the bidder in proposing less costly or alternate solutions, the bidder may request a change.to the RFP requirements by submitting, in writing via - facsimile, mail, e-mail, or delivery, the recommended changes and the, facts substantiating the bidder's reasons for making the recommended change. Such requests for change must be submitted to the Procurement Official identified in Section 1.5, by the date specked in Section 1.4, 1 Key Action Dates. Any Bidder's failure to raise concerns related to the RFP requirements or failure to report a referenced Internet link within at least two (2) working days prior to the proposal close date (Final Proposal due date), will be deemed a waiver of the bidder's right to protest . "._any decision for contract: award relating to the RFP,'requirements:. - �2.2.8 Conferences: Bidders' Conference'California SBINS Business Partnership Workshop A Bidders' Conference California SB/NS BusinessPartnershipWorkshop will be held to give the bidders the opportunity, to meet with State personnel and to discuss the _ content of this RFP and the bidding process, refer to Section 1.4, Key Action Dates. Bidders that choose to represent themselves as Prime Vendors should request space and tables from the Contract Administrator. Time will be allocated for bidders to network and explore partnering opportunities. It is highly recommended that all interested bidders attend. Bidders attending the conference will benefit from the information provided, the networking opportunity, and to be introduced to the Procurement Official identified in Section 1.5.. Written .questions received prior to the conference date may be answered at the - - conference without divulging the source of the query. If not answered at the conference, the State will respond in writing by the date specified in Section 1.4, Key Action Dates. The State will provide O & A via California State Contract Register (Bid Sync). http://www.epr6cure.das.ca.gov/BiddinqOpl)ortunities 2-3 Since 2014, the City has piggybacked on the State of California's agreement with U.S. Foods, Inc. Periodically, the State of California conducts a Request for Proposals (RFP) for the purchase of raw foods and miscellaneous food supplies for State facilities. Within the scope of work of the State's bid is the allowance for 2,000 agencies (local governments and schools) across California to purchase food product through this bidding process. Therefore, once the State of California awards the contract, cities are allowed to utilize the State of California's raw foods and miscellaneous food supplies bid in lieu of conducting their own bidding process. Cities utilize the State of California's contract for raw foods and miscellaneous food supplies under the assumption that since the State of California purchases more items in bulk than any one government entity in California, they are being granted the best pricing on bulk purchases of raw food. The RFP is attached (Attachment No. 1). The State of California's Request for Proposal grouped food products into six categories. Bidders were to provide the costs for a list of items under each category: 1. Grocery, Beverage, Fruits & Vegetables, Meat, Poultry, Fish (No Refrigeration Required) 2. Grocery, Beverage, Fruits & Vegetables, Eggs (Refrigeration Required) 3. Fresh Produce 4. Meat, Chicken, Seafood (Refrigerated or Frozen) 5. Dairy Products 6. Emergency Food supplies (i.e. Earthquake, Fire, Flood, etc.) The State of California awarded their contract (Contract Number: 05-13-89-15B) to U.S. Foods, Inc., which expires on November 24, 2022. Pursuant to Section 2-333 (i)(2) of Division 2 of Article VII of Chapter 2 of the West Covina Municipal Code, formal contract procedures may be waived when a contractor with another county, city, special district or other local agency makes the same written bid to the City, and the Purchasing Officer finds that the other local agency originally obtained the bid pursuant to formal contract procedures at least as rigorous as those of the City. The Purchasing Division has verified that the State of California's RFP meets the City of West Covina's bidding requirements as outlined in the City's Municipal Code. Numerous other local agencies have also used the State's bid and contracts for these products. Therefore, City staff is recommending that the City Council authorize the City of West Covina to enter into agreement with U.S. Foods, Inc. for raw foods and miscellaneous food supplies for the Senior Meals Program, not to exceed $60,000, until November 24, 2022, unless the State of California extends the agreement. OPTIONS: The City Council has the following options: 1. Approve City staffs recommendation; or 2. Instruct City staff to solicit bids from various vendors to provide raw food and miscellaneous food supplies for the Senior Center lunch program. (Since the State of California conducted a thorough bidding process and awards a large contract, it is unlikely that bidding this purchase would reduce the City's costs any further); or 3. Provide alternate direction. Prepared by: Kelly McDonald, Public Services Manager Fiscal Impact FISCAL IMPACT: RFP 58009 Section 2 — Rules Governing Competition The State may also accept written questions during the conference and will make a reasonable attempt to. provide answers prior to the conclusion of the conference. If - questions asked at the conference cannot be adequatelyanswered during the conference, answers will be provided to all attendees, at a later. date. 2.2.9 Letter of Acceptance - - - - A Letter of Acceptance is an acceptance of the terms and conditions of the RFP, and - binds the company to those terms and conditions. This letter shall be providedon - - company letterhead and signed by -an authorized representative and/or corporate officer, of the company. The signature must indicate the title or position that the individual holds in the firm. The bidder must sign, and mail, or deliver a Letter of Acceptance to the Procurement Official identified in Section 1.5 by the required date and time in Section 1.4, Key Action Dates. 2.2.10 Addenda The State may modify the RFP prior to the due date fixed for submission of Final Proposal by issuing an addenda to all bidders participating in the proposal submission process at the time the addenda is issued, unless addenda are such as to offer the :;opportunity for nonparticipating bidders to participate in which case the addenda will be ' sent to all parties receiving 'the -RFP for prop'osal submission purposes. Addenda will be numbered consecutively. 2.2.11 Cash Discounts I I- The State encourages bidders to offer cash discounts for prompt payment. Cash discounts offered by bidders for the: prompt payment of invoices will not be scored in the evaluation for award of any resulting contract. However, such discounts will be taken if payment is made within the discount period. - 2.2.12 Prices a. All prices and notations must be typewritten or computer generated. - b. Unless a.total bid price is specified, all bids must indicate unit prices for each separate tine item and extendedprice totals or if no price is shown it shall be considered a "no bid" and the supplier may be determined non -responsive. c. Unit prices may not be more than four (4) places to the right of the decimal point. For example, $.9214 would be allowed, but a unit price of $.567263 each, would exceed this limitation. Unit prices which exceed this limitation will automatically be truncated to the fourth decimal place for both evaluation and award calculations. Using the examplejustcited, the' 6", and !Y.af the end of the. unit price would be truncated (i.e., dropped off)'leaving a unit price of $.5672 each. No rounding will be used. d. In case of discrepancy between the unit,price and the extension set forth for the item, the unit price shall prevail; however; rf theamount set forth as a unit price is ambiguous, unintelligible or uncertain, for any cause, or is omitted, the amount set forth in the "Extension" column shall be divided by the quantity for the item and the price thus obtained shall be the unit price. In case of discrepancy between the totals shown on the bid and .the actual sum of the item totals, the actualsum of all item totals shall prevail.: - - • RFP 58009 Section 2 — Rules Governing Competition 2.2.13 Conflict of Interest Current State Employees (PCC §10410): - No officer or employee shallengage in any employment, activity or enterprise from which the officer or employee receivescompensationof has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. - No officer or employee shall contract on his or her own behalf as an independent supplier with any State agency to provide goods or services. Former State Employees (PCC §10411): - For the two (2) year period from the date he or she left State employment, no former State officer or employee may enter into a -contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any State agency. - For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency K he or she was employed by that State agency in apolicy-making -position in the same general subject area as the proposed contract within the twelve-month period prior to -, his or her leaving State service. - 2.2.14 Joint Proposals A joint proposal of two (2) or more bidders proposing jointly on a single proposal may be submitted. Each participating bidder must sign the joint proposal. If the contract is awarded to joint bidders, it shall be one indivisible contract. Each joint bidder will be jointly and severally responsible for the performance of the entire contract, and the joint bidders must designate; in writing, one (1) individual having authority to represent them in all matters relating to the contract. The State assumes no responsibility or obligation for the division of orders or purchases among the joint bidders. 2.2.15 Independence of Proposal - - Unless bidder is furnishing a joint proposal, by submitting this proposal, bidder swears under penalty of perjury they did not conspire with any other supplier to set prices in violation of anti-trust laws. - 2.2.16 Bidder's Cost - Costs for developing proposals are entirely the responsibility of the bidder and shall not . be chargeable to the State. - 2.2.17 Preparation - Proposals are to be prepared in such a way that provides a straightforward, concise delineation of capabilities to satisfy the requirements of the RFP. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. 2.2.18 False or Misleading Statements - Proposals containing false or misleading :statements, or references which do not support an attribute or condition claimed by the bidder, may be rejected. If in the opinion of the. State such information was intended to mislead the State in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of the RFP, it will be the basis for rejection of the proposal. - 2-5 - - RFP 58009 Section 2 — Rules Governing Competition 2.2.19 Violation of Air or Water Pollution Laws Government Code §4477 prohibits the State from contracting with a person, including a corporation or other business association, who has been determined to be in violation of any State or federal air or water pollution control law. - Prior to an award, the State shall ascertain K the intended awardee is a person included in notices from the Boards. In the event of any doubt of the intended awardees identity or status as a person who is in violation of any State or federal air or water pollution law, the State will notify the appropriate Board of the proposed award and afford the Board the opportunity to advise the State that the intended awardeeis such a person. No award will be.made to a person who is identified either by the published notices or by advice, as a person in violation of State or federal air or water pollution control laws. 2.2.20 Confidentiality Statement To preserve the integrity of the security and confidentiality measures integrated into the agency's automated information system, each contractor is .required to sign a Confidentiality Statement see Exhibit 8.02 and add all pertinent copies to this section, which must be submitted by the date specified in section1.4, Key Action Dates and as part of the RFP. 2.3 Proposal Submission Procedures 2.3.1 Overview of Procedures The proposal submission process contains a Draft Proposal and shall contain a Final Proposal. (Section 1.4, Key Action Dates, states the proposal event and date, which pertain to this RFP).. The purpose of the Draft Proposal is to provide the State with a complete proposal without pricing in order to identify any faulty administrative aspect of the proposal which, if not corrected, could cause the Final Proposal to be rejected for ministerial reasons. - 2.3.2 Evaluation of Draft Proposal(s) and Discussion Agenda Upon receipt of the. Draft Proposal, the State Evaluation Team will review each proposal in accordance with the evaluation methodology outlined in the RFP for the purpose of identifying areas in which the proposal is non -responsive to a requirement, is otherwise defective, or in which additional clarification is required. Bidders are cautioned not to rely on the State during these evaluations and reviews to discover and report all defects and errors in the response. Before submitting each - document, the bidder is responsible for carefully proofing it for errors and adherence. to the RFP requirements. Draft Proposals will not include pricing. 2.3.3 Rejection of Bidder's Proposal The State may reject any or all proposals. The State may waive any immaterial deviation or defect in a proposal. The State's waiver of an immaterial deviation or defect shall in no way modify the RFP documents or excuse the bidder from full compliance with the RFP specification N the bidder is awarded the contract. 2-6 RFP 58009 Section 2— Rules Governing Competition 2.3.4 Withdrawal and ResubmissionlMddification of Proposals A bidder may withdraw their Draft Proposal at any time. A bidder may withdraw their Final Proposal at any time prior to the Final Proposal submission time. specified in Section 1.4,'Key Action Dates. Any withdrawal must be requested by e-mail from the - bidder or agent, to the Procurement Official identified in Section 1.6. Thereafter, the bidder may submit a new or modified proposal prior to such Proposal submission time specified in Section 1.4, Key Action Dates. Modification(s) submitted'after the final submission date wrlf not be considered. Final - Proposals cannot be changed or withdrawn after the designated time for receipt, except as provided in Section 2.3.3. 2.4 Submission, Evaluation and Selection of Proposal - - - 2.4.1 Submission- of Final Proposal - The Final Proposal must be complete in all aspects as required by the RFP. A Final Proposal may be rejected. if it is conditional or incomplete, or if it contains any alterations of form or other irregularitiesof any kind. .. - A Final Proposal must be rejected if any such defect or irregularity constitutes a material - deviation from the RFP requirements. The Final Proposalmust contain all costs required by the RFP as stated in Section 6, Pricing. - - The State may declare the Final 'Proposal, (including, both proposal responses and cost proposals) to be additional Draft Proposalin the, event that the State Evaluation Team determines that Final Proposals from, all bidders either contained material deviations, or were not responsive to the State's needs; and that. it is in the best interest of the State to continue the proposal process. If this occurs, the State will issue an addendum to the RFP Each.bidderwillbe instructed of the due date for.the submission of a new, 'icompleted Final -Proposal to the State. .This submission must conform to all, of the requirements. of the original Final Proposal. as . amended. by any.subsequent addenda. During the evaluation of the new Final Proposal, the.StateEvaluation Teammay request the, bidder,to clarify any area of the Proposal that the State,Evaluation Team determines to be unclear. However,this request for 'clarification will not be an'opporturiity for the bidder to change its proposal. The proposal -.must demonstrate the required financial soundness with financial statements as outlined '.. in Section,--4.2:1,3. 2.5 Evaluation and Selection of Final Proposal 2.5.1 General The Final Proposal will be evaluate.daccording to the evaluation methodologyand procedures contained in thisRFP, Section 7; Evaluation and Selection. Negotiations may be conducted: pursuant to Section 3.3. 2.5.2 Evaluation.Questions - Durmg the evaluation and selection of the Final Proposal, the State may.require `additional,written clarification of the bidder's proposal. - 2 7.. _ RFP 58069 Section 2 — Rules Governing Competition . 2.5.3 Demonstration - The State may require a demonstration of the bidder's proposal to specific requirements (including benchmark requirements) before final selection in order to verify the claims - made in the proposal, corroborate the evaluation of the proposal, and confirm that the products and services are actually in operation; in which case prior notice will be given. The bidder must make all arrangements for demonstration facilities at no cost to the State. The bidder will determine the location of the demonstration, however,.its performance within Sacramento is preferred and will be attended by members of the State's evaluation team at the State's expense. Demonstration outside of Sacramento will be subject to approval by the State and will be attended only if the bidder agrees to . . reimburse the State for travel and per diem expenses. Demonstration outside of - California will not be allowed. The State reserves the right todeterminewhether or not a demonstration has been successfully passed. 2.5.4 Errors in the Final Proposal - An error in the Final Proposal may cause the rejection of that proposal, however, the State may at its sole discretionretain the proposal and make certain corrections as described below. - - .Note, In determining if a correction will.bel made; the State will consider the conformance of the proposal io the format'and content required by the solicitation document, and any unusual complexity of the format and content required by the solicitation document. 1. If the bidder's intent is clearly established based on review of the complete Final Proposal submittal, the State may at. its sole discretion correct an error based on that established intent. I - 2. The State may, at its sole discretion, correct obvious clerical errors. 3. TheStatemay at its sole discretion correct discrepancy and arithmetic errors on the basis that if intent is not clearly. established by the complete proposal submittal the Master Copy shall have priontyover additional copies, the proposal narrative shall have priority over the contract; tfie contract shall have priority over the cost sheets, and within each of these, the lowestlevel-ofdetail will prevail. If necessary, the extensions and summary will be recomputed accordingly, evenif the lowest level of detail is obviously misstated. The total price of unit -price items will be the product of the unit price and the quantity of the item. If the unit price is ambiguous, unintelligible, uncertain for any cause, or is omitted, R shall be the amount obtained by dividing the total price by the quantity of the item. - - _ 4. The State may at its sole discretion correct errors of omission, and in the following four .(4) situations, the State will take the indicated actions -if the bidder's intent is not clearly established by the complete Final Proposal submittal` a. If a good is described in the Final :Proposal and omitted from the contract and cost data provided in the Final Proposal, it will be interpreted to mean that the good will be provided by the bidder at: no cost. b. If a nori-material good is not mentioned at all in the Final Proposal and is essential to satisfactory performance, it will be interpreted to mean that the good will be provided.at no cost. c'. If a material good is not mentioned at all in the Final Proposal, it will. be 'interpreted to mean: that the bidder does not intend tosupplythat good and the ` proposal will be rejected. , 2-8 RFP 58009 Section 2 — Rules Governing Competition - d. If a material good is omitted from the Final Proposal, the omission is not discovered until after contract award and is essential to satisfactory performance the bidder shall be required to supply that item at no cost. - 5. If a bidder does not follow the instructions for computing costs not related to the - contract (e.g., State personnel costs), the State may reject the proposal, or at its sole discretion, re -compute such costs based on instructions contained in the solicitation. 6. If the re -computations or interpretations, as applied in accordance with this section, result in significant changes in the amount of money to be paid to the bidder (if awarded the contract), or in a requirement of the bidder to supply a major item at no cost, the, bidder will be given the opportunity to promptly establish the grounds legally justifying relief from its' proposal. 2.6 State's Rights The. State reserves the right to: • Modify or cancel in whole or in part its solicitation at any time prior to contract award; Reject any or all bids if the State determines that a bidder's proposal was non -responsive to this. RFP's requirements and to waive informalities and minorirregularities in bids received; • Reject any or all bids if the State determines that a bidder is nota responsible supplier. -2.7 Award of Contract Award of contract, W made, will be in accordance with the RFP evaluation methodology detailed in Section 7, Evaluation and Selection to responsive and responsible bidder whose Final Proposal complies with all the requirements of the RFP documents and any addenda thereto, except for such immaterial deviations as may be waived by the State. - 2.8 Contract Information - 2.8.1 Specific Terms and Conditions The State's Contract Language contains specific terms and conditions for this procurement. Therefore, this language will be used to develop the resulting contract. By submitting a proposal the contractor agrees to accept the terms of the State's Contract. The following describes the formation of the contract resulting from RFP — 58009. No modification or substitutions to the State's Contract will be accepted. It is imperative that intended awardee carefully review the listed attachments to fully understand the contract. Standard. Agreement (Std. 213) is located in Exhibit 8.09. The Standard Agreement (Std. 213) shall have the following areas completed by the awardee: Section 1 -- Contractor's Name and Section 4 - Contractor's Information only. Note: Do not complete term of the agreement (Section 2) and contract amount (Section 3). The signature of authorized. representative. shall be included on the front page of the Standard Agreement (Std. 213). Signature shall be original on all required copies. The _ State requires four (4)copies of the Standard. Agreement withoriginal signatures. The State encourages that all copies be printed on paper that is recycled with a. minimum post -consumer content of 30% and/or tree free paper. The contract shall consist of the -listed items as identified in Standard Agreement (Std 213). 2-9.: RFP 58009 Section 2 — Rules Governing Competition 2.8.2 Contract Development The appropriate contract forms and exhibits or the specific requirements of this RFP are included in Section 8. Any alteration by a bidder to the provisions of these contracts without the express permission of the State will result in rejection of the bidder's proposal. 2.8.3 Alternative Protest Process This solicitation/acquisition is being conducted under the provisions of the Alternative Protest Process (Public Contract Code Section 12125, et seq.). By submitting a bid or proposal to this solicitation, the bidder consents to participation in the Alternative Protest Process, and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5. The link. to the regulations is: httoY/www dos ca eov/oah/GeneralJurisdiction/BidProtestReas asox During the protest period, any participating bidder may protest the proposed award on the following grounds: - - 1. For major information technology acquisitions —that there was a.violation of the solicitation procedure(s) andthat the protesting bidder's bid should have been selected; or 2. For any other acquisition —that the protesting bidder's bid or proposal should have been selected in accordance with the selection criteria in the solicitation document. - 3. A Notice of Intent to Award for this solicitation will be publicly posted in the Procurement Division reception area and sent via facsimile to any bidder who made a written request for notice and provided a facsimile number. - Submit Notices of Intent to Protest to the Coordinator at Alternative Protest Process Coordinator Department of General Services Procurement Division 707 Third Street, 2nd Floor - West Sacramento, CA 95605 - Fax (916)375.4611 - Within seven (7) working days after the last day to submit a Notice of Intent to Protest, a protesting, bidder must submit a signed, written detailed statement of protest, filing fee and deposit, as applicable, to the Coordinator. Untimely submission of the written detailed statement of protest waives bidders right to protest. A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 3" working day following, public posting of the Notice of Intent to Award. Failure to submita timely, written Notice of Intent to Protest waives bidder's right to file a protest. Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder, the complete protest 2-10 RFP 58009 Section 2 — Rules Governing Competition filing to include the detailed written statement of protest, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing. _ waives the bidder's right to protest. Protest bond requirement: bond amount for this Alternative Protest Process shall be 10 percent of the estimated $16,000,000.00 contract value. See California Code of Regulations, Title 1, Section 1418. - 2.8.4 Non -Responsive Proposals Many of the causes for rejection arise from either an incomplete understanding of the competitive bidding process or administrative oversight on the partofthe bidders. The following examples are illustrative of more commoncauses for rejection of Bids: _ 1. A proposal stated, "The prices stated within are for your information only and are subject to change. _ 2. A proposal stated, "This proposal shall expire 90 days from this date unless. extended in writing by the bidder." (In this instance award was scheduled to be approximately 90 days after proposal submittal date:) - 3.,A proposal stated, "This proposal is not intended to be of a contractual nature." 4. A proposal contained the notation "prices are subject to change without notice." 5. A proposal was received for the purchase with unacceptable modifications to the purchase contract. 6. A proposal was delivered tothe wrong office. 7. A proposal; was delivered. after the date and time specified in the RFP. A bidder submitted their own terms and conditions. - 2-11. RFP 58009. Section 3— Instructions to Bidders 3. Instructions to Bidders - - - - - 3.1 Overview of the RFP Process The objective.of the RFP is to select one ormore qualified biddersto be the miscellaneous food vendorto the State of California. "DGS-PD will conduct this. RFP process and will gather cost, technical, business and administrative information from participating.bidders'to assess their responsiveness and responsibility. Only responsive and responsible bidder(s) will be eligible for award. Following evaluation of RFP responses by the State Evaluation Teain,.the"State may: • Award the business to bidder(s) in accordance with Section 7, Evaluation and Selection; or • Conduct further negotiations with selected bidder(s) in accordance,with Section 3.3.if conditions exist as articulated in Public Contract Code §6611 (a): Since the State intends to, award the contract on'the basis of the RFP response, the State strongly encourages each bidderto provide'atsbest response.to this RFP to maximize,its chances of. success in this' procurement. Listed below is a high-level overview, which is fully explained in Section 3.2 below, of the steps that compnsethe RFP submittal process. Detailed information about each step is provided in this section: • Biddersobtain access to the RFP. : • Bidders submit;lntent to Bid, Confidentiality Statement, and Letter of Acceptance. • Bidders submit aDraft Proposal (optional). Bidders must submit the completed, signed mandatory and optional forms whether submitting a,draffproposal or not: • The State reviews the1Draft Proposals and will provide feedback via email., • Bidders submit a Final Proposal. Bidders submit four (4). copies of theirpricing proposal, on CD-ROMs and place in sealedenvelope; clearly marked "Pricing Proposal", separate from the envelope for mandatory, and optional documents. "Pricing. Proposal" submitted under improperly marked -covers and/or not sealed envelope may be rejected. • The State evaluates bidder's Final' Proposal. 3.2 RFP Submittal Instructions Listed below are the important instructionsfor the key ,action items related to this RFP. RFP Released via the CaliforniaStatecontracts Register http:Ifwww.eprocure.das.ca.00v Bidders' Conference California SBINS Business Partnership Workshop The bidder's conference will be held'at the offices of the Department of General Services (707 3rd Street, West Sacramento, CA) on 4117113 at 11:00 A.M., inthe Executive Dining Room, and will last approximately 2:5 hours. Although it is not;mandato„ry,. bidders are strongly recommended to attend this conference - - Intent to Bid: The Letter of Intent to Bid is attached as Exhibit 8.01. Please complete the exhibit and submit it with any necessary attachments included in this RFP, per Section 1.4 Key Action Dates. - 3-1 RFP 58009 Sect RFP to Bidders Bidder Questions: For questions regarding the scope and content of the RFP, bidders must. submit questions via Bid Sync to the Procurement Official identified in Section 1.5, and the responses to the questions will be disseminated electronically through BidSync. Draft Proposal Instructions 1. Complete and submit responses to the Administrative Requirements in Section 4 and the Technical and Business Requirements in Section 5 per Section I, Key Action Dates. 2. Complete all mandatory and optional documents, (Please refer to the tables below for a comprehensive list of mandatory and optional documents to be submitted) Any bidder that submitsbid pricing in a draft proposal is precluded from submitting a Final Proposal and from being awarded the contract. 3. Make one (1) CD ROM copy of each requested exhibit and place them along with the original copy in an envelope as described in Section 3.2.3. The State encourages all bidders to use recycled paper with aminimum post -consumer content of 30 percent and/or tree free paper, to use recyclable report covers or binders, and to avoid the use of plastic covers or dividers. Address the, envelope as follows: Bid Room Miscellaneous Food RFP 58009 (Bidder's Company. Name), Draft. Proposal - Attention: Dave Henning 707 3rd Street, 2nd Floor - West Sacramento, CA95605 4. Deliver the envelope(s) to the Bid Room on the 2ndfloor. A time stamp will be placed on the envelope to verify timely submittal: The main purpose of tFje Draft Proposahis.to provide the State,with a complete proposal in order for the.State to identify any faulty aspects'andlormateriajdeviation's that, 9 not corrected, could cause the final proposal'to be deemed non -responsive on a technicality and rejected. This Draft Proposal shall be responsive to all technical and administrative requirements andinclude the required exhibfts.' Draft proposals will be reviewed in an attempt to detect administrative or clerical errors and inconsistencies that, if contained in the final proposal, may cause the proposal to be rejected. It is not the intent of the State to review the draft proposal at this time for total responsiveness to all the RFP requirements. - The State makes no warranty that errors will be identified during the review of the Draft Proposal or that such errors remaining in the final proposal will not cause the final proposal_ to be rejected. Customer references may be contacted at this time or the State may waft until the submission of the final proposals. Cursory Review: The State will review Draft Proposals and provide feedback to bidders via e-mail as deemed appropriate. The State will inform bidders via e-mail that their RFP Draft Proposal has been reviewed and will request they submit their Final Proposal by the final date shown in Section 1.4, Key Action Dates, with any necessary changes. 3-2 The Fiscal Year 2022-2023 Proposed Budget included $155,000 for meals, as follows: $95,000 in 146.61.5186.6158 - Los Angeles County Area Agency on Aging (AAA) and $60,000 in 225.61.5121.6120 - Community Development Block Grant - COVID (CDBG-CV). A total of $30,000 from each fund (AAA and CDBG-CV) is proposed to be allocated to cover the costs of raw food from US Foods. There are no General Funds used for the purchase of frozen food for the Senior Center. FUNDING ACCOUNT FY2022-23 AMOUNT SOURCE PROPOSED BUDGET AAA COUNTY 146.61.5186.6158 $95,000 $30,000 GRANT CDBG-CV 11225.61.5121.612011 $765,44011 $30,000 TOTAL $860,440 $60,000 Attachments Attachment No. 1 - State of California's RFP for Raw Food & Miscellaneous Food Supplies Attachment No. 2 - US Foods 1-17-89-15B Supplement 7 CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness RFP 68009 Section 3- Instructions to Bidders Final Proposal Instructions: 1. Complete and submit your responses to the Administrative, Section 4 and Technical and Business Requirements per Section 5 of the RFP. The State will not accept late proposals or approve extensions. - 2. Complete all mandatory and optional documents (Please refer to the tables below for a comprehensive list of mandatory and optional documents to be submitted as part of the RFP response). Do Not Include. Exhibit 8.11 Pricing Cost Tables (Mandatory) with pricing/percentages.. 3.. Make four (4) copies of each document as described in Section 3.2.3 and place them .. along with the original copy in an envelope. The State encourages all bidders to use recycled paper with a minimum post -consumer content of 30 percent and/or tree free paper, to use recyclable report covers or binders, and to avoid the use of plastic covers or dividers. Do not include any pricing information in this envelope. Address the . envelope as follows: Bid Room Miscellaneous Food RFP 58009 (Bidder's Com pajny Name'), Final Proposal Administrative & Technical Attention Dave Henning 707 3rd Street, 2nd Floor, Bid Room West Sacramento, CA 95605 4. Complete the pricing information as specked in Section 6, Pricing. Make four (4) copies of your pricing proposal onto 4 CD-ROMs (excel format), and. write "(Your company name) - Pricing Proposal" on each CD-ROM. - 5. Place CD-ROMs in a sealed envelope, separate from the envelope for mandatory and optional documents as described in Section- 3.2.3. Clearly type the name of your company on the envelope. Type "Pricing Proposal" and the RFP number on the envelope. Address the envelope to: - -Bid Room. - - Miscellaneous food RFP 58009 (Bidder's Company Name), Pricing Proposal Attention: Dave Henning 707 3rd Street, 2nd Floor, Bid Room - West Sacramento, CA 95605 6. Deliver both envelopes to the BidRoomon-the 2nd floor. A time stamp will be placed on the envelopes to verify a timely submittal. The State will not accept late proposals or approve extensions: - - - '.: 3._3 - RFP 58009 Section 3— Instructions to Bidders PROPOSAL CONTENT The following items constitute the presentation of a complete proposal and the key action events related to this RFP. Event dates and times are specified in Section 1.4. . 3.2.1 MANDATORY DOCUMENTS THAT MUST BE SUBMITTED WITH RFP RESPONSE: No. - Description: Where to find: How to Submit 1: Letter of Intent to Bid Exhibit 8.01 Deliver to Bid Room — time - stamp on 2nd Floor. - 4 copies required. 2. Letter of Acceptance Supplier to provide on Deliver to Bid Room — time their own letter head stamp on 2nd Floor. - - 4 copies required. 3. Confidentiality Statement Exhibit 8.02 Deliver to Bid Room — time stamp on 2nd Floor. 4 copies ruired. -4.' Bidder Declaration Form Exhibit 8.03 Deliver to Bid -Room— time GSPD-05-105 stamp on 2nd Floor. - 4 copies required. 5. Payee Data Record - Exhibit 8.04 - Deliver to Bid Room — time Form Std 204 stamp on 2nd Floor. -- - 4 copies required. 6. Corporate Qualification to do Download from Section Deliver to Bid Room — time Business 4.2.8 - stamp on 2nd Floor. 4 copies required. 7. Responses to Administrative Exhibit 8.06 Deliver to Bid Room — time Requirements stamp on 2nd Floor. - - 4 copies required. 8. Responses to Technical and Exhibit8.07 Deliver to Bid Room —time Business Requirements stamp on 2nd Floor. - - 4 copies required. 9. - Hazardous Chemical Exhibit 8.07 Deliver to Bid Room —time stamp on 2nd Floor. 4 Copies re uired. 10. Recycled Content Bidder(s) to Provide Deliver to Bid Room — time Certification Section 4.2.6 stamp on 2nd Floor. - - 4 copies required. 11.. Draft Implementation Plan - Section 5.12.1 Deliver to Bid Room —time stamp on 2nd Floor. 4 co ies re uired. 12. Draft Training Plan Section 5.13a Deliver within 5 days of contract award to the Contract Manager. 13. Completed Customer Exhibit 8.08 - Deliver to Bid Room — time - Reference Forms stamp on 2nd Floor. - -1 4 copies required. - RFP 58009 - Section 3- Instructions to Bidders No. Description: - Where to find: How to'Submit -. 14. Completed Pricing Cost - .' Exhibit 8.11 Four copies & (4) CD-ROMs in Tables - separately sealed envelope _ delivered to Bid Room -time stanip on 2nd Floor.. 15. Standard Agreement (Std.' Exhibit,8:09 Deliver to-Bid`Room-time. 213) - - stamp;on 2nd,Floor.. �4 co ies uired. 16. Invoice - Section 5:7 Deliver within 10 days of contract award to the Contract �Mana q er. 17. Non -Collusion Affidavit Section8.9 DelivertoBidRoom-:time _ - stamp on 2ndFloor. '4 copies required. -. 18. Small Business Preference Section 4:2 13 1 ! Deliver'to Bid Room -time - - •'stamp on 2nd Floor. 4 copies required 3.2.3 Proposal Format and Content This section prescribes themandaiory proposal forma[, content, and submission. sequence. Format instructions must be adhered to; all requirements and. questions in the RFP must be responded to; and all requested data must besuppliedi The Bidder must examine the RFP with care and be satisfied as to the`(1)'concitions with which the Biddermust.comply prior to submitting proposal and (2)' the conditions. affecting. the award of contract. Submissions are in stages and include, the Draft: Proposal; and's Final Proposal. ` The Final Proposal must be completely sealed and one complete set of all required documents clearly marked "MASTER COPY: The Final Proposal submission must be clearly labeled "RFP 58009" "Miscellaneous Food Proposal", identified as the. "FINAL PROPOSAL,' and include the Bidder's name clearly displayed on the outside of the package. It is the responsibility of the Bidder to ensure that the proposal is received by DGS by the date and time identified in Section 1.4,KEY ACTION DATES at the following. location: - - BID ROOM "RFP 58009" Department of General Services Attention: Dave Henning - Procurement Division `•'707.3rd Street, 2nd Floor, Bid Room West Sacramento; CA 95605 .If a proposed Bidder identifies apparent omissions, discrepancies, or errors in the specifications in the RFP documentprior to the date of final submission, the Bidder should request clarification. Clarification will be provided as an addendum to all Bidders. 3-5 RFP 58009. Section 3— Instructions to :Bidders The withdrawal of any proposal must be made in writing prior to the final submission date and time and must ,besigned byan authorized person representing the Bidder organization. An oral or telephone request to withdraw a proposafis not acceptable. 3.2.4 Draft Proposal Format and Content The Draft Proposal must contain all material required for Final Proposal submission organized as stated in Section, 3.2.1 following with the exception of cost information. NOTE: Cost information may not appear in any proposal submissions except the Final Proposal. The inclusionof cost. information in the Draft Proposal may be a basis for rejecting the proposal and notifying the Bidder that further participation in the procurement is prohibited. ,3.2.5 Final Proposal Format and Content The. Final Proposal must be page numbered with tabs for each volume and section and - - - - submitted in the number of copies indicated, and include the following. items: Volume I: - Response to. Requirements - 4 copies total, one of the copies shall be labeled "Master"- Each Bidder is responsible for including the following sections in its - .response to this RFP. The organization and structure of this volume must be-asfollows: - Section 1: Letter of Acceptance The letter must be prepared and signed in accordance with Section 2.2.9. Include the letter as the first page of Volume I. The letter of acceptance must state that the Bidder commits to fulfilling all requirements of the RFP. Section 2: Response tothe Administrative Requirements-(RFP - Section 4) The Proposal must include sufficient documentation to assure the State of the Bidder's responsiveness. All required documentation, forms and exhibits, and narrative responses to requirements in Section 4 must be completed and included in this section of the RFP response volume. Each requirement is identified as a Proposal Item within Section 4 and is summarized in — Exhibit 8.06 - - NO COST INFORMATION CAN BE CONTAINED IN THIS VOLUME OF THE FINAL RESPONSE. - Each sub sections must be tabbed sequentially as listed in Section 3.2.1 of this section. Section 3: Response to the BUSINESS AND TECHNICAL REQUIREMENTS (RFP Section 5) (limited to an average of one page per business requirement).. 3 6 RFP 58009 Section 3—Instructions to Bidders The requirements in Section 5-of the RFParenot to be retyped by the Bidder. Section 5 of the RFP must be included in its entiretyin this section of the proposal, along with the cross references to the mandatory, non - mandatory narrative questions and any supporting materials. All required documentation, forms and exhibits, and narrative responses to requirements in Section 5 must be completed and included in this section of the RFP response volume. - This section should contain all technical and other reference literature necessary to support the responses to the requirements of this RFP. The - literature should be tabbed, page numbered, indexed and properly annotated so the State can readily verify compliance. If the documentation is inadequate or supporting information is difficult to find, the Bidder may required to demonstrate compliance with the requirements. All pages must be sequentially numbered for this section. . Each requirement is identified as a Proposal Item within Section 5 and is summarized in — Exhibif 8.07 Volume II:.Cost Data 4 hard cooles�total, one of the copies shall be labeled "Master" and four (4) CD ROMs (in excel format). This volume MUST be sealed separately and. contain only the completed cost tables — COST,. -- - - The organization and structure of this volume is to be as follows Non -Core worksheet with percentage over cost; • -Any other discounts offered. 3.3 Negotiations - 3.3.1. Overview of Negotiations < . The State's intention is to award a contract to multiple qualified bidders. The awarded bidders must be able to provide the entire portfolio of products and ancillary services. - Award of this RFP will be made to the contractor pursuant to Section 7, Evaluation and Selection. Negotiations may be conducted if one or more of the conditions as provided in Public Contract Code &6611(a) and Administrative Order 05-01 are present. Negotiations would be conducted prior to award of the contract, if necessary. - The objective of negotiations is to obtain best terms from participating bidders who are identified by the State's negotiation team as being in the competitive range as defined in Section 3.3.3 and pursuant to Section 7,. Evaluation and Selection. The State's negotiation team may consist of the Evaluation Team or may be composed of a different team. However, evaluation of Proposals, or Revised Proposals shall be completed only by the State's Evaluation Team. Negotiations may be conducted after the determination of responsive responsible bidders, if it is in the best interest ofthe State to conduct negotiations. The State may call for negotiations pursuant to P:C.C: §6611(a): and Administrative Order 05-01 that may lead to Proposal Revisions with those biddersthe Negotiation and/or Evaluation Team 3 7 RFP 58009 Section 3— Instructions to Bidders identifies in accordance with Section 3.3.3, The State, at its discretion, may conduct multiple rounds of negotiations process for this procurement with identified bidders. If such action occurs, the process will be documented in the State's Evaluation and Selection Report for this RFP. Bidders may be asked to submit revisions to their RFP proposal submittal and/or negotiations for the purpose of obtaining a Proposal Revision based on the outcome of the negotiations conducted with the identified bidders. After each round of negotiations, Proposals may be re -scored and evaluated based on the criteria outlined in Section 7, Evaluation and Selection or any additional criteria set forth in Addenda. Bidders may be removed from further participation in the negotiation process based on competitive range as defined in Section 3.3.3. Those bidders who participate in negotiations must e-mail their Proposal Revision and if the bidders are in the last round of negotiations must e-mail their Proposal Revision and a cover letter to the DGS official identified in Section 1.5, Procurement Official by the date identified during the negotiations. Proposal Revisions may be required to determine the award of the contract resulting - fromthis solicitation, however, the State reserves the right to award contracts without further discussions after receipt of proposals, in which case, negotiations and Proposal Revisions will not be required. Award will be made to the bidder(s) who provides the best value solution and highest score pursuant to Section 7 (Evaluation and Selection). 3.3.2 Negotiations Instructions - Negotiation Invitation: Those bidders identified by the State's negotiation team as being inthe competitive range will be notified and invited to attend negotiations. Bidders will be notified in writing: (i) thatthe State is initiating negotiations pursuant to .P.C.C. Code §6611(a); (ii) the general purpose and scope of the negotiations; (iii) the members of the State's negotiation team; (iv) the anticipated schedule for the negotiations; and (v) the procedures to be followed for negotiations. Confirmation of Attendance: Bidders who have been invited to participate in negotiations . must confirm attendance. Negotiations Round(s):.Multiple negotiation rounds will be conducted with those bidders identified by the Evaluation Team. - - Proposal Submittal: Bidders are required to e-mail the Procurement Official identified.in _ Section 1.5 of this RFP their Proposal Revisions basedonthe outcome of the negotiations and a cover letter. Pricing must be consistent with Bidder's round of negotiations submitted during negotiations. Proposal Revisions may re -scored and evaluated based on the objective criteria outlined in Section 7, Evaluation and. Selection or any additionalcriteriaset forth in Addenda by the evaluation team. Communication of Results: Upon posting of the intent to award, the State will make available a summary of the evaluation results from the Negotiations Phase as part of the Evaluation and Selection Report. Notice to Intent to Award will be posted, and will be -sent to all participating bidder(s). • 10 RFP 58009 Section 3— Instructions to Bidders 3.3.3 Determine the Competitive Range - - - - If the State chooses to negotiate, the State will identify bidders to be included in the competitive range by evaluating each offer against the evaluation criteria enumerated in the RFP. The State will: • If the State's negotiation team determines that the number of most highly rated proposals included in the competitive range exceeds the number at which efficient negotiations can be conducted, and then the State's negotiation team may limit the number of proposals in the competitive range to, the top 5 highest ranked bidders. 3.3.4 Steps for Determining the Competitive Range The following steps will be utilized by the State to determine the competitive range: . Evaluate All Proposals. Evaluate all proposals considering all award criteria (price and technical) established in Section 7, Evaluation and Selection found in the solicitation. • Identify Evaluation Score. Identify the grouping of bidders based on evaluation/scores pursuant to Section 7 of bidders who bid on all products and services. This grouping may be done by arranging the proposals from highest to lowest score and then looking for breaks in the scores such that natural groupings of similar scores may be identified.. - - • Identify the Most Highly Rated Proposals. Identify breaks in the evaluation ratings that separate the most highly rated proposals from the others. Identify the most highly rated proposals for possible inclusion in the competitive range. Up to five (5) bidders - will be included in the competitive range based on proposals received. Proposals that are not highly rated within the defined product categories will be excluded from participating in negotiations. • Notify Bidders. After posting of the Intent to Award, the State will make available a summary of the evaluation results from the entire RFP process as part of the Evaluation and Selection Report. - 3.4 Evaluation Methodology 3.4.1 Overview of Evaluation Proposals must be submitted at the date and time specified in Section 1.4, Key Action Dates. The evaluation of the proposals is described below. The RFP has a two-step submittal process, a Draft Proposal and Final Proposal. The Draft Proposal is optional but recommended, and the Final Proposal is mandatory. The evaluation of the Draft Proposal is described in Section 2.3.2. The evaluation of the Final Proposal is a' described in Section 2.5. - The State, at its discretion, may conduct multiple rounds of negotiations for this procurement. The State will conduct this RFP in accordance with the process outlined in this document. During each round, proposals will be re -scored and evaluated based on the objective criteria outlined in this section, or any additional criteria set forth in Addenda. At the end of each round, bidders may be removed from further participation in the process based on a determination of a "Competitive Range". The administrative and technical factors will be scored based on bidder ability to meet the business and qualitative requirements as set forth in Section 4 and 5. The cost factor f1111W RFP 58009 Section 4 — Administrative Requirements 4. Administrative Requirements 4.1 General Requirements " This section contains the non -technical mandatory and non -mandatory requirements covering the bidder's responsibility. In responding to these requirements, the bidder will respond to the appropriate selection as described in this RFP. Bidder Responsibility Prior to the award- of the contract, the State musfbe assured that the biddershaveall of the resources to successfully perform under the contract.. This includes, but is not limited to, adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the on -going needs of the -State, financial resources sufficient to complete performance under the contract, and experience in similar endeavors. Bidder responses submitted as part of this RFP will be used as part of the evaluation process to determine bidder responsibility. During the evaluation process, the State has the option of requesting any information it deems necessary to determine that a bidder is responsible. If such information is required, bidderswill, be notified and will be given five.(5) working.days to submit the requested information. - - Mandatory Requirements - - - All items labeled "Mandatory" are not negotiable. A Pass/Fail evaluation will beutilized for all mandatory requirements in;this RFP. To be considered responsive, responsible and eligible to participate in the RFP, all questions identified as� mandatory must be marked "Yes" to pass. As specified with each requirement listed below, bidders must indicate whether their proposal meets the individual requirement by marking either a, "Yes" or "No" and initialing next to the corresponding question in Exhibit 8.06. Non -Mandatory Items The States evaluation team will also review responses to non -mandatory items. These optional items should be answered in the response box. Non -mandatory items will not be considered when identifying bidders who are responsive and responsible. Additionally, non -mandatory items will not be considered when identifying which bidders will be included in negotiations should the State elect to enter into negotiations. - - 4.2 Mandatory and Non -Mandatory Requirements 4.2.1 Bidder Declaration Form (Mandatory) All bidders must complete theBidderDeclaration GSPD-05-105, Exhibit 8.03, and include it with the bid response. When completing the declaration, bidders must identify - subcontractors proposed for participation in the contract. If the bidder's proposal involves the use of subcontractors for a portion of the contract, the subcontractor must also comply fully with the Administrative Requirements that are applicable with the portion of the work being delegated to the subcontractor. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract. 4-1 RFP 58009 Section 4—..:Administrative Requirements 4.2.2 Retailer's Seller's Permit(Non-Mandatory) - Bidders are required to complete and sign the Retailer's Seller's Permit in Exhibit 8.05. Bidders should deliver the Retailer's Seller's, Permit to the Bid Room as part of their response to this RFP. - - 4.2.3 Noncollusion Affidavit (Mandatory) - Bidders are requiredto complete and sign the.Non-collusion-Affidavit in Exhibit 8.9. Bidders must deliver the Non -collusion Affidavit form to the Bid Room as. partof their response to this RFP. - 4.2.4 Non -Discrimination Toward WTO GPA Signatories (Mandatory). _ - This RFP is subject to the requirements of the World Trade Organization (WTO) Government Procurement Agreement (GPA). All bidders offering products or services of countries that are signatories to the WTO GPA and that have agreed to cover reciprocal sub -central coverage under the WTO GPA will be accorded non-discriminatory treatment in the award of contracts under this solicitation. These countries currently.include the member States of the European. Union (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain,. Sweden, - - and the United Kingdom), Israel, Japan, Korea, Norway, and Switzerland. - 4.2.5 Hazardous Chemicals (Mandatory) - Products, that contain hazardous chemicals, as defined by California Code of Regulations, Title 8, §339, shall comply with the requirements of Title 8 of the California Code of Regulations including §340, Material Safety Data Sheets (MSDS). All hazardous chemical products shall be labeled, tagged or marked with the following information: - - - - 1. Identity of -the hazardous chemical(sj. 2. Appropriate hazard warning. - - 3. Name and address of the chemical manufacturer, importer or other responsible pad" The contractor shall provide a'Material Safety Data Sheet (MSDS), as required by the above -mentioned codes, for any item included in this contract that contains hazardous chemicals, upon request of any State agency. This information shall be provided to the requesting agency by facsimile, e-mail or accessible through contractor's website within - 24 hours of request. Address questions about the administrative rules referenced in this requirement to the Department of Industrial Relations, California Division of Occupational Safety & Health, San Francisco, CA, 415/703-5100. 4.2.6 Recycling Certification (Mandatory) The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. Download the manufacturer certification at: http-1/www.calrecycle.ca.gov/buvrecycled/trashbags/ComplyList/ - 4.2 ATTACHMENT NO. 1 REQUEST FOR PROPOSAL FOR STATEWIDE MISCELLANEOUS FOOD CONTRACT RFP 58009 April 9, 2013 ISSUED BY STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION 707 3rd Street, 2nd Floor WEST SACRAMENTO, CA 95605 RFP 58009 Section 4 — Administrative Requirements 4.2.7 Supplier Name Change (Mandatory) An amendment is required to change the supplier's name as listed on this Agreement. Upon receipt of legal documentation' of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 4.2.8 Corporate Qualifications to Do BusinessinCalifornia (Mandatory) When agreements are to be performed in the State by bidders, the contracting agencies will verify that bidders are currently qualified to do business in California, to ensure that all obligations due to the. State are fulfilled. "Doing business" is defined in Revenue and Taxation Code §23101as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. The State understands that there are some statutory exceptions to taxation, but rarely will bidders - performing within the State not be subject to the franchise tax. - Both domestic and foreign corporations (those incorporated outside of California) must be in good standing with the State of California, in order to be qualified to do business in California. - Bidders must provide evidence of good standing with the Office of the Secretary of State. - - httoa/keolecsos.ca.00v - - 4.2.9 Payee Data Record (Mandatory) . Bidders to be awarded this contract will be required to sign the attached Payee Data - Record (Std.204) before contract award. Exhibit 8.04 must be completed and returned - with the RFP. - - - 4.2.10 General Provision for Non -IT Commodities (Mandatory) The General Provision for NON -IT Commodities are hereby incorporated by reference. htto'//www documents dos ca cov/od/modellanc/GPnonIT060810 odf - 4.2.11 Small Business Preference (Mandatory) Small Business Regulations: - - The Small Business regulations, located in the California Code of. Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 at seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, appeals are revised, effective 9/09104. The new regulations can be viewed at (www.pd.dgs.ca.gov/smbus):. Access the regulations by clicking on the "Small Business Regulations' in the right sidebar. For those without Internet access a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services. (OSDS) at (916) 3754940. 4.2.12 Non -Small business Subcontractor Preference (Non -Mandatory): - All non -small businesses are strongly encouraged to use California Certified Small Business in an amount of at least 25% of the total contract value, which entitles them to receive a 5% bid preference:. - 4-3 RFP 58009 Section 4 —Administrative Requirements 4.2.13 Attachment with Bid Required for Claiming the Small Business Preference (Mandatory for Non -Small Business Claiming Small Business Preference): - All bidders must complete and include the Bidder Declaration form GSPD-05-105 (Exhibit 8.3) with their bid response. the declaration form must list all of the California - certified small businesses withwhich you commit, if awarded, to subcontract to in an amount of at least twenty-five percent (25%) of the total estimated $16,000,000.00 contract value. You may include additional copies, if needed, to provide a complete listingof subcontractors. All certified small businesses must perform a "commercially - useful function" in the performance of the contract as defined in Government Code - Section 14837(d)(4).: Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to asubstitution -and it is incorporated by amendment to the contract. The small business preferenceisapplied to the total points scored during the evaluation and shall be computed as follows: if a non -small business has earned the highest point count, a preference equal to 5% of that total point score shall be computed and shall - constitute the small business preference points. The preference points shall be added to the total points of all responsive and responsible California -certified small business _ bidder(s). - FOR THE PURPOSES OF THIS RFP, THE SMALL BUSINESS PREFERENCE WILL BE APPLIED.AS REFERENCED IN SECTION 7, EVALUATION AND SELECTION. 4.2.14 .Small Business Certification: Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the estimated contract value with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small, Business and. DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted. 4:2.14A EZA, LAMBRA, TACPA Preference (Non -Mandatory) ENTERPRISE ZONE ACT (EZA), LOCAL AGENCY MILITARY BASE RECOVERY PREFERENCE REQUEST (LAMBRA), and. TARGET AREA CONTRACT 'PREFERENCE ACT (TACPA) - - - - - This bid contains new and revised procedures for Bidders who wish to apply for EZA, LAMBRA, and TACPA preferences. Bidders are encouraged to review the _preferenceprogram materials carefully to ensure.that their submittals conform to the programs' requirements. - - - 'Enterprise Zone Act (EZA), Government Code Section 7070, et. seq.; Local Agency Military Base Recovery Act. (LAMBRA), Government Code Section 7118, et seq.; and Target Area Contract Preference Act (TACPA), Government Code Section 4530 et seq.. Contract preference will be granted to California -based Bidders in accordance with whenever contracts fougodds or services are in excess of $100,000 and the Bidders meet certain, requirements as defined in the California Code of Regulations (Title 2, Section 1806.30 at seq.-regarding labor needed to provide the goods being procured. 4-4 RFP.58009 -. Section 4— Administrative Requirements The requirement to the EZAILAMBRA/TACPA Monthly Performance Report of Labor Hoursis mandatory contract requirement that demonstrates your company is being a responsible supplier to the.State,of California. The.required reports shall be submitted to the Dispute Resolution Unit (DRU) no later than the 15th dayof each, proceeding month during the - contract period. If theState does not receive the required reports by the required due date, it may impact futurecontract awards to.your company. Bidders are alerted that Workforce Preferences for EZAILAMBRA/TACPA,. MUST be met regardless of•need to win a contract award. The State will hold the awardee.to meeting the workforce preference requested in the solicitation.Failure;to meet the obligation could result in Default by Supplier and be subject to sanctions as set forth in law. Bidders desiring to claim EZA, LAMBRA, or TACPApreferences must submit a fully executed copyof the Standard Form'830 831, 832,'.respectively, with. their bid. These forms .can be found at: htti) /IA w dos ca gov/pd/Protirams/DisouteResolution asoz under "Resource Information". The State, reserves.the right to verify, validate, and clarify all information contained in. the bid. This includes, but is. not limited to, information from bidders .manufacturers, subcontractors, and. -any other sources available at time of bid evaluation. Bidder's refusal, to;agree or comply with these. terms; or failure to.provide additional supporting. information at the State's request mayresultin denial bf the requested. preference. - NOTE: Biddersarenot required to apply for EZA,. LAMBRA or'TACPA preferences. Denial of EZA, LAMBRA or,TACPA preference requests is not a basis for rejection of the bid.. Contracts awarded with. applied preferences will be monitored throughout the life of the Contract for compliance tostatutory, regulatory and contractual requirements. The State will take appropriate corrective action to apply sanctions as necessary to enforce performance programs: 4.2.15 Contract Audits Bidders agree that the State or its delegate will have the right to review, obtain, and copy all records pertainingto the performance of this contract. Bidder agrees to provide the State or. its delegate with any relevant information requested and shall permit the State or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose.of interviewing employees and inspecting and copying such books, records; accounts and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. Bidder further agrees to maintain such records for a.. period of three years after final payment under this contract. 4-5 RFP 58009 Section 5—Technical and Business Requirements S. Technical and Business Requirements 5.1 Introduction This section contains the detailed.technical andbusinessrequirements of the Miscellaneous Food Contract RFP. The State has determined that it is best to define its own needs, desired operating objectives, and desired operating. environment. The State will not tailor these -needs to fit particular solution bidders mayhave available; rather, bidders shall propose to meet the State's needs as defined in this RFP. All claims will be subject to verification. 5.2 General Requirements All of the items described in this section are service levels and/or terms and conditions that the State expects to be satisfied by the bidders. Bidders must indicate their willingness and ability to satisfy these requirements. _ Review of Mandatory: All items labeled "Mandatory" are not, negotiable. The State's evaluation team will review responses to Mandatory questions in this section. Additionally, responses to Mandatory questions will be considered when identifying which bidders will be included in negotiations should the State elect to enter into negotiations and whichbidders will be awarded the contract. All items labeled "Mandatory" must be responded to. Failure to respond to any mandatory requirements shall result in disqualification of the proposal. The responses will be evaluated with the section that they are in. - Review of Mandatory Requirements: All items labeled "Mandatory" are not negotiable. A Pass/Fail evaluation will be utilized for all mandatory requirements in this RFP. To be considered' responsive, responsible and eligible to -participate in the RFP, all questions identified asmandatorymust be marked "Yes" to pass. As specified with each requirement listed below, bidders must indicate whether their proposal meets the individual requirement by marking either a "Yes" or"No" and initialing next to the corresponding question inSection 8, Exhibit '8:07 - - Review of Non -Mandatory Requirements: All items labeled "Non -Mandatory" are items that are desirable to the State. Bidders must indicate whether their proposal meets the individual non -mandatory requirement. If applicable, bidders must also provide a thorough narrative description. If applicable, these questions will be evaluated and awarded points in accordance with this Section and Section 7, Evaluation and Selection. 5.3 Electronic Order Entry System/Catalog (Mandatory) The awarded Contractor is required to support secure electronic order entry system/catalog capabilities. The on-line ordering system catalog shall be operational prior to final implementation. The State will work with the successfulbidder to. obtain any necessary access to. State equipment or present State contractors to facilitate development of an electronic order - entry system. - - .The Bidder(s) must maintain, at minimum, 50 various items per category as needed by individual institutions.: - - 5 1 RFP 58009 Section 5 — Technical and Business Requirements A. The following represent the State's expectations for the use of a Contractor's - electronic order entry/catalog (Mandatory) .1. The Vendor must cover all costs of access and deployment to the State agencies. 2. The Vendor must provide access to an electronic catalog that represents the content and pricing agreed upon in the contract. 3. Vendor must not remove any State -contracted product from its ordering system(s) without prior written notification and approval of the Contract Manager. 4. The Vendor's. system shall be. available 24 hours a day, seven (7) days a week for - ordering products. Contract Manager shall be notified of maintenance windows prior to - system outage. System outages shall not exceed Yz % per annum (99.5% reliability) 5, The Vendor's system shall be able to serve multiple users at any given time. B. Contract Home Page (Mandatory) - - Vendor shall develop and maintain a State Contract Homepage to enable ordering and related functions. This Homepage must comply with the following requirements:. 1. State -specific current contract pricing for category items. The price shown will be the net price (after all discounts) the State willbe charged. 2. Detailed lineitem descriptions, including but not limited to name, color, size, standard package quantity and pictures when. possible:. - 3:—Recycled product content may be indicated usingthe recycle codes as outlined in Section 8 Ezhibit'8.16 titled "Recycle codes' and used in the Recycled Products Report. 4. Additional links or information may be placed on the screen to access additional product literature, the Contractor's home page, the history of the company, etc. 5. "Shopping -cart" ordering capability. 6. Universal Resource Locator (URL) for the.IntemetNVeb Based Home Page must be supplied to DGS-PD prior to. the implementation of electronic ordering. 7. Indicators of goods that are provided by Small Business, PIA item(s), recycle emblem and Environmental Preferable Products:(EPP), where applicable. 8 Contractors system shall have the:ability'for ordering agencies to enter: . • Their own unique agency Billing code number; department name; • Their own purchaseorder number; - - - - •Awarded contract number- • Bill to and ship to address; • Their own unique: purchasing authoritynumber. * Note: The only way a State agency maypurchase an item that is designated as PIA .product is to get, from PIA, a contract item waives C. User Accounts (Mandatory).. - - Vendor must be able to provide on-line & off-line (hard copy, fax, e-mail) process for ordering agencies to request account set -up -from Contractor. Vendor must create various State and local government user accounts and assist all customers in the understanding of their computer network of information services. User's accounts include: - 1.. Usemame and password; `2. Default set of permissions; - 3. Awarded.contractnumber;', _ . RFP 58009 Section 5 — Technical and Business Requirements 4. Their own unique agency billing code number; 5. Their own unique purchase order number; 6. Their own unique purchasing authority number; 7. Bill to address, department name, contact name, phone/fax number; 8. Ship to address, department name, contact name, phonelfax number. 5.3.1a User Account Set -Up (Mandatory) Please describe the process that ordering agencies need to follow for establishing and setting up accounts. - - 5.3.1 b E-Services/Electronic Order Entry System (Mandatory) Briefly, describe your experience, within the last 24 months before proposal submission, in E-services you have provided to customers. E-Services are an umbrella term for services utilizing the Internet. E-Services include e-commerce transaction services for handling online orders, application hosting by application service providers (ASPS) and any processing capability that is obtainable on the Web. Include details on your systems flexibility to be modified to accommodate the States requirements for electronic ordering. 5.4 Ordering Methods (Mandatory) - An order will be initiated by a purchase order (PO) via mail, facsimile, or the Contractor's Order entry system by ordering agency. Contractor must not refuse to accept orders from any State facility or local governmental agency without written authorization from the Contract Manager. Contractor shall not accept any orders that do not include the ordering agencies billing code. .. 5.4.1 Telephone/Fax/Mail/Ordering System (Mandatory) Vendor shall have in place before the commencement of this contract: . 1. A toll -free telephone number to be used by State and local agencies for placing telephone orders. 2. Telephoned orders shall be accepted between the hours of 7:00 AM and 4:00 (PM PT), Monday through Friday. 3. A toll -free fax number for use by State and local agencies for placing facsimile orders. Fax orders must be accepted between the hours of 7:00 AM and 7:00 (PM PT), Monday through Saturday. - - 4.- Contractor must have in place at contract award the capability of receiving orders by - mail. Prior to contract implementation, contractor shall provide a mailing address to be used by the State for placing mail orders. 5.4.2 Emergency Orders (Mandatory). Vendor must provide toll -free, after hours, telephone number(s) and contact name(s) for placing emergency orders, and the ability to accept such orders 24 hours a day, seven (7) days a week 5.4.2A Emergency Response and Delivery System, Mandatory, Scored) Bidder must be able to certify that they have the ability and capacity to provide the following .emergency delivery services for food and supply orders. Orders that occur duringan emergency such as (i.e. floods, fires, earthquakes, or other State or national disasters) shall 5-3 u RFP 58009 Section 5—Technical and Business Requirements be delivered to the designated site within an eight (8) hour time frame. Bidders shall be able to provide the following elements below for emergency food, service and supply provisions. (See Cost Table -1. Category 7, "Emergency ResponseandDelivery System' that allows State and Local Governments to. purchase any item that is offered in the. contractors catalog and/ E-services system.) Vendor shall provide as requested: • A customer service representative as needed to the emergency site for ordering and business correspondence • A minimum of one refrigerated truck for food storage to designated site location for duration of emergency situation • Delivered ordered food and supplies to any designated location within the State • Maintain an inventory of food products available for a minimum of two (2) complete meals for 500 people at any given time • Flexible food distribution system that can allow for any increase/decrease in the amount of food or supplies to be delivered daily 5.4.3 Order Acknowledgement (Mandatory) Vendor must provide the ordering agencies with an order receipt acknowledgment via e- mail, facsimile or generated by the contactor's ordering system within twenty-four (24) hours after receipt of an order. The acknowledgement will include; _ 1. Ordering agencies name; 2. Description of goods and/or related products purchased; 3. Purchase Order number; 4. Total cost; 5. Contactor shall work with the State to provide any other future requirements the State may deem necessary. 5.5, Delivery/Shipping (Mandatory) Deliveries are to be made (statewide) to the location specified on the order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks. Exhibit 8.20, lists.zip codes of State agencies using the current contract. Use this list as a reference when answering the questions in this section and pricing purposes. State Holidays - - Alternate delivery schedules will be required for the State holidays listed below. Each ordering agency is responsible for negotiating with the contractor alternate delivery dates. New Year's Day Martin Luther King Jr. Day Presidents' Day Cesar Chavez Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day January 1 3W Monday in January 30 Monday in February March 31 Last Monday in May July 4 1•` Monday in September November 11 4P Thursday in November 5-4 RFP 58009 Section S-Technical and Business Requirements Friday after Thanksgiving. - Friday following Thanksgiving - Christmas Day December 25 When one of the holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on Saturday, the preceding Friday is observed as -a _ legal holiday by State agencies. - - Vendor is requested to make. deliveries in: Los Angeles County, Orange County, San Bernardino Metropolitan Area and San Diego Metropolian area during -off-peak hours. Off- peak hours are 10:00 a.m. to 4:00 p.m. 5.5.1 Refrigeration,. Frozen Products and DryStorage Requirements (Mandatory) Items. requiring "Protection from Heat" shall be shipped and stored at a temperature below 50 degrees Fahrenheit. Carrier equipment for straight loads of "Chilled products will be required to be pre -cooled to a minimum temperature of 35 degrees Fahrenheit and .a maximum temperature of 45 degrees Fahrenheit, .and shall. be capable of maintaining temperature within that .range to destination. - - Carrier equipmenbfor straight loads of "Frozen" products will be pre -cooled to 10 degrees Fahrenheit, ,or tower before loading and capable of maintaining 0 degrees or lower to destination. Products should_ be loaded in carrier's. equipment as promptly as possible to minimize product.temperature rise. At' destination, the product shall be hard frozen.with no signs of defrosting and temperature of the produetshall not be above 0 degrees Fahrenheit. Frozen productswill be wrapped in polyurethane wrapping. - - Cerrier equipment for mixeddiloads of "Frozen & Chilled" products will be required to be pre- - ' cooled or pre -heated to a minimum of 35degrees Fahrenheit and a maximum of 45 degrees _ Fahrenheit -and'shall bee -capable ^of maintaining that chiliad portion of the load temperature within that range to destination: The :frozen products in the, load shall be,completely segregated by effective measures which will' -prevent damage to the other products in the;Joad by installing effective insulating barriers) at the time of loading 5:5 2 Frozen Process Food, Products (Mandatory) '< All'frozen processed food products procured which contain meat, poultry, or significant . proportiol eggs, Will be processed or prepared in, plants operated under the supervision of the. USDA�(U.S.: Department of Agriculture) (refer. to www.usaa.goy ). The product will be _ inspected and_ approvedin accordance with the regulations of the USDA governing meat, ;poultry; or egg inspection.' • A label or seal, affixed to, the container, indicating compliance witnthese regulations will be accepted as evidence of compliance. The product must bear a Mabel complying with the -Federal Food, Drug and Cosmetic Act which requires that all ingredients be listed according to theorder of their. predominance. 5-5 RFP 58009 - Section 5 — Technical and Business Requirements All frozen food products procured which contain fish or fish products will be processed- or prepared in plants under the supervision of the USDC (U.S. Department of Commerce). The - products listed in USDC publication titled, "USDC Participants List for Firms, Facilities & Products" are processed in plant under Federal Inspection of the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, USDC (refer to htto-//seafood nmfs noaa gov/At)provedFacilities.htm ). The inspected products packed under various labels bearing the specifications, packed under various labels bearing the brand names are produced in accordance with. current US .Grade Standards or official product. specifications, packed under optimum hygienic conditions, and must meet Federal, State and city sanitation and health regulations. 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 inspectedby the USDC and containers stamped to indicate acceptance or a Certification of Inspection issued to accompany the shipment. The product must bear alabel complying. with the Federal Food, Drug and Cosmetic Act whichrequires that all ingredients be listed- according to the order of their predominance. - Producers'offrozen.bakery product which are shipped in interstate commerce are required to. comply with the Federal -'Food Drug and ,Cosmetic Act (refer to http'/Iwwwfda goV/ol)acomliaws/f.ddadifdcto6.htm). Therefore; it must be verified that the product,"in fact was shipped' interstate 'or "that '.the' producer ships products to other purchasers interstate. In additions, the product must bear alabel complying with the Act which requires that all ingredients be listed according to the order of their predominance. 5.5.3 Delivery Schedules (Mandatory) Delivery of ordered product shall be within three (3) working days after receipt of an order, unless otherwise agreed to by the ordering facility. Since receiving hours for each facility will vary by facility, it will be the Contractor's responsibility to check. with each facility before delivery for their specific delivery hours. Vendor must notify the ordering agency within 12 hours if delivery cannot be made within the time specified in the contract - 5.5.3A Delivery Order Limitations (Mandatory) Minimum order. When the State requires supplies or services covered by this contract in an amount of less than. $1000.00, the State is not obligated to purchase, .nor is the Contractor obligated to furnish, those supplies or services under the contract. Maximum order. The vendor is not obligated to, but may,honor over maximum orders. (1) Any order for.a single item in excess of $10,000' (2) Any order for a combination of items'in excess of $75,000; or (3) A series of orders,. received from the same ordering office within the same day, that together'call for quantities exceeding the limitation in subparagraph (1) or (2) above. 5 6 RFP 58009 Section 5 — Technical and Business Requirements 5.5.4 Security Requirements for Institutions (Mandatory) Deliveries may be made to locations inside secure institutional grounds that require prior clearances to be made for all. delivery drivers. Vendor will be responsible for contacting the secure location (suchasCalifornia Department of Corrections and Rehabilitation) for security clearance (number of days required for clearance varies), hours of operation for deliveries and service, dress code, and other rules of delivery. Deliveries that are delayed due to drivers not being cleared to enter institutional grounds may cause your firm to be declared in default of contract proceedings. See Exhibit 8,17, California Department of Correction and Rehabilitation, Special Provisions. 5.5.5 Freight on Board (F.O.B.) Destination (Mandatory) All prices offered shall be F.O.B. destination; freight prepaid by the contractor, to the ordering organization's receiving point. Responsibility and liability for loss or damage for all orders shall remain with the contractor until final inspection and acceptance, when all responsibility shall pass to the ordering organization, except the responsibility for latent defects, fraud, and the warranty obligations; If the,contractor fails to make prompt delivery of any item, the State has the right to purchase goods in the open market and the contractor will reimburse,the difference to the State. 6.6.6 On -Time Delivery (Mandatory) Vendor shall have no more than twenty (20) late deliveries of all items ordered. Late deliveries shall be identified by each institution based on the original order date and be held to volume discount eligibility where applicable. - If the Vendor has twenty (20) late deliveries for any two (2) consecutive months, the contractor's percentage over cost for all categories as bid to the State, will be decreased by one percent (1 %) for ninety days. At the end of the ninety days, if the on -time delivery has improved to less than twenty (20) deliveries for at least the most recent thirty days, the discount will revert back to the original discountiprice. If the on -time delivery has not - improved to less than twenty (20) late deliveries or better, the State will decrease the discount by (2%) and will remain in place until the on -time delivery improves to the required level for at least thirty consecutive days. 5.5.7 Shipped Orders (Mandatory) - - A packing slip will be included with each shipment, which will include at least the following - information in no particular order: 1. Line item description; 2. Quantity ordered; - 3. Quantity included in shipment; 4. Any back order items, out of stock, and availability date of unfilled and partial shipment; 5. Unit price; - - - 6. Number of parcels; 7. Purchase order Number; 8. Agency name and department; - - 9. Destination; - -10. All information contained on the packing label. 5-7 RFP 58009 TABLE OF CONTENTS SECTION 1 — INTRODUCTION 1.1 PURPOSE OF THISREQUEST FOR PROPOSAL (RFP). - 1-1 - 1.2 OVERVIEW OF THE RFP - 1-3 - 1.3 CURRENT OPERATION 1-3 1.4 KEY ACTION DATES. 1-4 1.5 PROCUREMENT OFFICIAL - - 1-5 1.6- INTENT TO BID 1.7 BIDDER ADMONISHMENT - 1-6 1.8 AMERICANS WITH DISABILITIES ACT _ - 1-6 SECTION 2 — RULES GOVERNING COMPETITION - 2.1 IDENTIFICATION AND CLASSIFICATION OF RFP REQUIREMENTS 2-1 2.1.1 REQUIREMENTS- - - 2-1 2.1.2,. DESIRABLE ITEMS 2'1 2.2 PROPOSAL REQUIREMENTS AND CONDITIONS 2-1 2:2.1 GENERAL 2-1 2.2.2 NEWS RELEASES AND/OR PUBLICATIONS 2-2 2.2.3-. CONFIDENTIALITY 2-2 2.2.4 RFP DOCUMENTS - - 2-2 2.2.5 DISPOSITONOF,PROPOSALS- -. - 2-2 - 2.2.6 EXAMINATION OF THE WORK : 2-2 2.2.7 - QUESTIONS,. CLARIFICATIONS, OR REQUESTS 2-2 11 TO CHANGE THE RFP REQUIREMENTS - 2.2.8 BIDDERS' CONFERENCE 2-3 2.2.9 - LETTER OF ACCEPTANCE 2-4 _ 2.2.10 - 2-4 .ADDENDA 2.2.11 CASH DISCOUNTS - 2-4 2.2.12 -PRICES 2-4 2.2.13 -CONFLICT OF INTEREST _ 2-5. 2.2.14 ,JOINT PROPOSALS c ."4,. ' 2-5 2-5t 2.2.15 - INDEPENDENCE OF PROPOSAL '� ', 2.2.16-BIDDER'S COST: '- - 2-5 2.2.17 PREPARATION " . - - 2-5 2.2.18 FALSE OR MISLEADING STATEMENTS 2-5 2.2.19 VIOLATION OF AIR OR WATER POLLUTION LAWS. 2-6 2.2.20 CONFIDENTIALITY STATEMENT 2-6 2.3 PROPOSAL SUBMISSION PROCEDURE 2-6 2.3.1 OVERVIEW OF PROCEDURES 2-6 2:3.2 : EVALUATION OF DRAFT PROPOSAL(S) AND 2-6 DISCUSSION AGENDA - 2:3.3 REJECTION OF BIDDER'S PROPOSAL 2-6 - 2.3.4 WITHDRAWAL AND RESUBMISSION/MODIFICATION ': 2-7 OF PROPOSALS - 2.4 SUBMISSION, EVALUATION AND SELECTION OF PROPOSAL 2-7 2.4.1 SUBMISSION OF FINAL PROPOSAL 2-7 2.5 EVALUATION AND SELECTION OFFINALPROPOSAL 2-7 2.5.1 .GENERAL 2-7 2.5.2 EVALUATION QUESTIONS 2-7 - 2.5.3 DEMONSTRATION 2-8 2 of 6 • • RFP 58009 Section 5—Technical and Business Requirements A packing label will also be included with each order shipped and include the following Items, visible on the outside of the box: 1. Authorized Purchaser; 2. Address; 3. Department and floor; 4. Authorized Purchaser Contact Name; 5. Authorized Purchaser Telephone number. 6.5.8 Out -of -Stock Notification and Remedy (Mandatory) Upon receipt of order, the contractor shall notify the ordering organization if an item is out of stock. The ordering organization shall have the option of requesting a back -order, substituting an available product at contract price or less, or canceling the Rem from the order. Under no circumstance is this contractor permitted to make unauthorized - substitutions, without the authorization of the ordering agency. 5.5.9 Restocking/Credit Policy (Mandatory) Bidder must agree to accept all products and supplies for return at no cost to the State within 7 days of delivery, and credit the customer in full. Products returned forcredit should be in the packaging as delivered and include all documentation.- All returns shall be picked up within seven (7) days of notification. Notification is defined as notice given verbally, in writing, by fax or e-mail or direct computer entry into vendor's order entry system. Vendor will not impose a restocking fee on the ordering organization for the following - reasons: 1. Item(s) returned that were damaged upon receipt 2. Incorrect product shipped - 4. Contractors customer service order entry error 5. Inventory that is returned within 7 days of delivery - 6. Inventory that is returned, but exchanged for other inventory 7. Re -stocking fees for all other reasons can be no greater than 10 percent of the value of the items needing re -stocking.. -5.5.10 Recurring Deliveries (Mandatory) Vendor's system must have the ability to generate scheduled recurring orders and shipments. 5.5.11 Credit and/or Replacement (Mandatory) - Vendor shall provide credit for overstocked items and items ordered in error or shipped in error. Contractor shall provide credit or replacement for defective or freight -damaged items. Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The contractor cannot require the ordering organization to deal directly with the manufacturer. In all cases, the ordering organization shall have the option of taking anexchange. or receiving a credit. W1 RFP 58009 Section 5 — Technical and Business Requirements 5.5.12 Product Recall Procedures (Mandatory) In the event of a product recall, contractor shall have written procedures with the following: 1. At the earliest stages of a potential recall, immediately notify the Contract Manager. 2. Notify the purchasing agency when the recall goes into effect: 3. Recalled products will be picked up, tested, destroyed or returned to the manufacturer at no expense to the State. 5.5.13 Volume Level Discounts (Non -Mandatory) - - Bidders can receive a maximum of 50 optional points for offering a discount off their proposed distribution cost. Orders shall be eligible for the following discounts based on each delivery: • One truck load or greater will receive a percentage discount off the overall cost listed - by the bidder per category. One truck load is defined by 20 pallets or greater. • One-half truckload to 19pallets will receive a percentage discount off the overall cost listed by the bidder per category. One-half truckload is defined by greater than 10 _ pallets. This section will be evaluated in accordance with. Section 7. 5.5.14 Carton Weight (Mandatory) Maximum weight per carton shall not exceed 50 pounds. 5.5.15 - Wooden Pallet (Mandatory) - If pallets are to be used for a delivery, the contractor shall use an industry standard 42 inch by 48inch wooden pallet, unless the ordering organization species Size 2, Type 2 (42 inch by 42 inch) palletas described in Exhibit 8.1, Specification No. 3990-01A-01 for Wooden - 5.5.17 Documentation (Mandatory) - Vendor must provide all legally required special handling/packaging documentation for hazardous materials to the using State facility. 9.6 Food Safety Program (Mandatory) (Note: If bidder is a Certified Small Business, bidder must also be compliant to the Legislative Requirements section of this.bid.), For. this RFP.and the resulting contract, the Food Safety Program (FSP) utilizing Hazard Analysis and Criticality Control Points (HACCP) is a requirement. The FSP is required �for all companies that touch the food products, from manufacturer forward, excluding transportation companies. Therefore; the bidder must. submit FSP supporting - . documents for their facilities,. statewide.. The State reserves the right to audit an awarded bidder - to insure atany given time; withinthe,duration of the contract, that any company listed in the - distribution plan meets the FSP: requirements. For example, if the distribution plan identifies a manufacturer,'packer; co -packers, warehousing, company, or others that touches the food _product, supporting documents must be submitted for.each entity. The document must clearly 'show that each entity participates in a FSP thafis inspected or audited by a third party and - assessed/certified to be "acceptable". The assessrrient1certification must be dated prior to the opening day of this bid but noearlierthan.calendar year from opening day of this bid. (i.e. February 23,. 2010 to Febr6ary.22, 2011 effective.- February 23, 2014'would not be part of the calendar yearr and will not be compliant.) '.5-9.- _..... . _._- • AIB Amencanlnstitute of Baking) •. ASI (American Sanitation 'institution) .•. NFBA. (National Food Processors Association) • Silliker • Cook & Thurber Food Safety Solutions FPA-SAFE- • Food Audits International - EFSIS Limited - - Mandatory or voluntary food safety inspections/audits conducted by the FDA, USDA, or USDC are acceptable in lieu of the above listed acceptable companies. Similarly for California based companies, registration with the California Department of Health Services, Processed Food Certificate is acceptable. (This registration is mandatory for any company doing business in California.) - - - Please refer to htti)�/lwww.dhs.ca.govtfdbiHTMUFood/procfdrq.htm for information.) For RFP58009 Section 5 --Technical and Business Requirements 12. Prompt payment discounts/Cash discounts, if applicable, shall be clearly indicated on each invoice -as a written statement.(Samples; "Prompt Payment Discount: 1% 20.Days" or "Cash Discount 1% 20 Days"); 13 Totals for each order. Each invoice shall have a total for all orders, a total for all credits, and amount due from each agency; - - 14. All other discounts shall be applied at the subtotal level:as applicable. This would include volume discount, onlineordering, etc; 16. Any other mutually agreed upon requirements the Statemay later deem necessary. Within ten (10) days of contract award,:the contractor must submit a preliminary copy of their invoice which shall contain all the elements that have been specified above. in the Invoice Requirements. The. authorized copy shall become the.standard for this contract. The State will review and determine acceptability of.theinvoice. 5.8 Payment Options (Mandatory) The. State and local government agencies may pay by check electronic funds transfer, or with the State's CAL -Card -credit, card. Payments are to be made in accordance with the State's General Provisions; paragraph' 30: - 5.8.1 CAL-Card/Credit Card (Mandatory) _ State agencies may use the States credit, card program (CAL -Card) to pay for orders. Cal Card invoices are to be processed separately from other, payment, methods. For additional information. regarding Procurement Divisions CAL -Card program, see the following website: www dos ca�gov/pd/Programs/daicard asox - 5.8.2 CAL -Card Invoicing (Mandatory) Vendor shall submit invoices for CAL -Card purchases as specified in Section 5.7 of this RFP. For the purposes of CAL -Card, orders, Item 13 of section 5.7 is replaced with the - following paragraph,13: The Total invoice amount for each CAL -Card order must reflect a zero balance due or credit, if applicable, and state "paid by CAL -Card".. _ 5.8.3 Electronic Invoicing (Non -Mandatory) . - Future guidelines may require that contractors supply electronic invoices in lieu of paper - based invoices. Describe your capabilities for supporting electronic.invoicing such as; downloading standard invoices electronically andelectronic funds transfer (business to - business). - 5.9 Reports (Mandatory) - Contractor shall provide various monthly,, quarterly, or annual reports as specified below for each report. -Reports shall_be.available'on-line and submitted in excel format on a CD- ROM. 5.9.1 Monthly Detailed Usage Report (Mandatory) Contractor shall submit a monthly Detailed Usage Report. by line item to the Contract Manager. Report shall be submitted by the fifteenth calendar day for the previous month's activity. Report shall include the following elements: - - 5 - 11 RFP 58009 Section 5—Technical and Business Requirements • Customer- • -Customer or institution Name `. • Agency.Billcode - • Agency Department Code (CDCR, LOCALS etc.) - • Purchase Order # - - • Order Source (Catalog, Phone, etc.) Order Date • Invoice # • Invoice Date - - • Small Business Indicator • Small/Large Business (Y/N)- • Product Status. - • Product Category # - - • Contractor Product Number - - • Product. Description • .online Order (Yes/No) - • Manufacture Label • Pack Size • Manufacture Item Code • Quantity Shipped- - . • Contractor Product Cost • Contract Price Charged - • Volume Discount (ff applicable) • Sales Dollars - • Extended contract priceincludingall discounts(s) applied Within ten (10)'days of contract award, the contractor must submit preliminary copy of their Monthly Detailed Usage Report, which shall contain all the elements that have been.specified above. The State will review and determine acceptability of the, report. 5.9.2 Monthly Line Item Spend Report (Mandatory) - Contractor shall submit a monthly Spend Report by product number to the Contract Manager. Report shall be submitted by the fifteenth calendar day for the previous month's activity. Report shall rank line items by high volume for statewide sales. Separate reports for State and Local governmental agencies are required. Also, a detailed Report for 25% Small Business participation shall be required with the Monthly Spend Report. Reports shall include the following elements: • Date • Rank (high to low) - - • Product Basket Classification or an agreed upon classification • Manufacturer Part Number Item Description - • - Total Items Shipped for Each Rank • Unit of Measure - - • UPC Code. • - List Price - • Actual Contract Price (per UOM) • Extended Contract Price including all discount(s) applied 5-12 RFP 58009 Section 5 — Technical and Business Requirements • Manufacturer 5.9.3 Semi -Annual Updates of Contractor's Account Manager List (Mandatory) The Contractor shall provide updated list of Contractor's Account Manager by State agency name and location to the Contract Manager on a semi-annual basis. 5.9.4 Fill Rate Report (Mandatory) Contractor shall submit a monthly Fill Rate Report to the Contract Manager. Report shall be submitted by the fifteenth calendar day of the previous month's activity. Summary, with a year-to-date total, including the information specified below. - Order Line Fill Rate • Average Days to Ship Orders • Average Days to Ship Backorders • Number of Orders - • Number of Lines per Order Number of Lines Filled - .. Number of Backorders • Average Number of Lines per Order AverageOrder Size in Dollar Values • Number of Returns - • Number of Damaged and Defective Products • Year -to -Date Total Returns/Dollars - • Total Purchases (Dollar Value) - Monthly and Year -to -Date 5.9.5 Ad Hoc Reporting Requirement (Mandatory) The Contractor shall have the ability to provide ad hoc reporting capabilities against all data elements in the ordering system at no cost to the State. The Contractor shall permit and provide access to all data that pertains to any procurement action taken by an agency or the State as a whole:. The State or agency may make copies of procurement data in any form and the use of such data shall not restricted. Dependent on future reporting requirements, the State may ask that certain reports become standard and delivered to the State on a monthly or quarterly basis. 5.9.6 Detail Small Business Log (Mandatory).. - - Contractor will submit to the Contract Manager, on a quarterly basis, a detailed log of the California -certified Small Businesses Enterprises that have inquired with them to partnership on this contract. This log shall contain contact information for the inquiring Small Business Enterprise, products discussed, and outcome of discussions. " 5.4.7 Reporting Compliance (Mandatory) Contractor shall comply with each of the reporting requirements as specified. - If Contractor fails to meet delivery times as specified for any one of the required reports, the contractor's discounts as bid to the State will be increased by one percent (1%) on all future - orders for 30 days or until the delinquent report(s) are delivered, whichever is greater. At the end of the thirty days or the time of delivery, the discount will revert to the original discount." 5 �`13 UP 58009 Section 5 — Technical and Business Requirements - Reporting compliance penalty will commence 3 months after contract award.- 5.10 .Contract Management (Mandatory) 5.10.1 Contract Manager (Mandatory) The State will assign a Contract Manager as a contact person. The contractor will also assign a single point of contact person for contract management purposes. Any exception to the requirements contained in the contract may only be authorized by the State's Contract Manager or his/her designee through an amendment. 5.10.2 Customer ServicelResponse Time (Mandatory) Vendor will have customerservice unit that is dedicated to this contract with individuals that are trained in the requirements of this contract and have the authority to take administrative action to correct problems that may occur. Contractor shall respond to customer inquiries within one (1) business day of initial contact. Contractor shall provide, assign dedicated representatives to the ordering agencies to provide training and general customer service follow-up. 6.10.3 Customer Service Team Structure (Mandatory) Describe how your customer service team is/will be structured to manage and resolve issues related to this contract. Include such details as the proposed team size, team members' - positions, phone numbers of each responsible member, location of the customer service unit(s), areas of assignment and the number of representatives that will be dedicated to this contract for agencies assistance. 5.10.4 Problem Resolution (Mandatory) - The Vendor shall promptly notify the State's Contract Manager in writing of any unresolved issues or problems that have been outstanding for more than five (5) working days. The State's Contract Manager shall notify the contractor of the same. 5.10.5 Established Problem Resolution Forum (Mandatory) The State may request contractor to host, in coordination with the State's Contract manager, quarterly forums made up of State and local agencies. The meetings are to be hosted by a northern and southern facility for the State's northern and: southern departments. The State prefers the northern location to be in the Sacramento areas while the southern location to be in the Los Angeles area. The purpose of the forum is to discuss performance problems within the scope of the contract and to promote better contract compliance for both contractor and client. When hosting such meetings the contractor will not be responsible for. the travel or lodging of any State or Local agency representative. - 6.10.6 Joint Outreach (Mandatory)- - The Vendor, in coordination with the State's Contract Manager, shall perform broad outreach to State departments to market the contract terms and conditions and to train users at the State department, at the State's request. - - 5.10.7- Performance -Service Level (Mandatory) - - - The State-, as part of an on -going quality management effort, will measure the using customers' satisfaction during the term of the contract. Measurement will identify areas where service levels can be improved. Bidders must agree to work with the State in - resolving any issues resulting from measurement of our using customers' satisfaction. 5714 - RFP58009 Section 5—Technical and Business Requirements Bidder and the State's Contract Manager will work: together to continually monitor the success levels. of the contract: 5.10.8 Average Fill Rate by Location (Mandatory) ' Vendor shall maintain a monthly overall average Ime item fill rate of at least 96% percent on time and complete deliveries for each shipped location. Fillrate is computed by dividing the lines filled by the lines ordered. That is, for orders reported, as filled by the order entry system; the shipments shall be received within the times specified in this document at least 96% of the time. - - The service level calculation is based on completely Iflled lines. A completely filled line is one _ where all the units forthat particular line are filled Exclusions from the. Fill Rate calculation include contract items backordered or otherwise unavailable from the manufacturer provided that proof of orders.on behalf of the State are made. . 5.11 Environmental Criteria The State encourages the purchase of environmentally.preferable products and desires to make purchases from contractors with exemplary environmental practices. In addition; Vendors are encouraged to -use -packaging that has minimal impact to the environment. 5.11.1 Additional Environmental Specifications(Mandatory) Throughout the contract duration, the State reserves the right to amend the,environmental specifications for any contract resulting. from this:RFP with the concurrence of contractor(s). 5.11.2 Packing andlor Shipping (Non -Mandatory) Describe any packaging and/or shipping containers that representa-significant source _ reduction measure. _ 5.11.3 Other Environmental Issues (Mandatory) Bidder(s) shall demonstrate thatthey and/or manufacturers are actively pursuingadditional ways of minimizing their environmental impacts at manufacturing, assembly, warehouse, distribution and/or otherfacilities, including, but not limited to: , . Toxic use reduction and/or waste prevention efforts; . Recycling and/or reuse; _ • Energy efficiency; Natural resource conservation; - - Bidder(s) may be asked to work with the State during the contract terms.fo examine the feasibility of implementing such environmental. initiatives. 5.11.4 Environmental -Impacts (Non -Mandatory) Provide details about"your activities to minimize theenvironmental impacts of product manufacturing, assembly, warehousing, distribution and/or other activities. 5.12 Implementation (Mandatory) Immediately upon contract award, bidder shall begin implementation of the contract and detailed implementation plan. consisting of the elements described below. The State will assist the successful bidder by providing forecasting patterns based on historical usage. The State agency structures such as agency billing code files, and any other materials will be 5-15 RFP 58009 Section 5 — Technical and Business Requirements reasonably available from the State. The. implementation plan shall address and provide timelines for all contract and RFP requirements. It shall provide_a full description of: a. Contractors quality assurance program which will affect service and delivery. b. A tentative schedule for modifying the bidder's system to add each agency to the contract. - - - c. The method proposed and escalationprocess to ensure bidder's ability to .effectively handle implementation problems (e.g., adding extra staff during the implementation period; bidder staff training,.State staff.training). d. Bidder's ordering telephone, facsimile numbers, Internet address, the names of ordering contact persons, and telephone numbers and names of sales representatives. e: The Training Plan for both the pilot and statewide roll -out phases of contract implementation shall be defined. f. The timeline of the actual implementation plan will be as follows: Timeline within:. - Tasks: - 3 Days, Escalation Process with Names and Contact Information 10 Days - Implementation Plan Due - 15 Days. - Pilot Implementation Begins 25 Days Pilot Implementation Ends - - 30 Days Pilot Implementation Evaluation Ends. 31 Days Statewide Implementation Begins - 45 Days Statewide Implementation Ends - 5.12.1 Draft Implementation,Plan (Mandatory). - bidder shall provide vdth their proposal a draft implementation plan approach for this project using the timeline above. Include relevant details pertaining to training, communication, contract adoption issues, contract requirements and timelines. 5.13 - Training Plan (Mandatory): The Vendor shall provide training, free of charge, to each facility users. It shall be scheduled and completed as required with a rapid and smooth transition. A training plan shall be requested of the awarded Contractor(s) to describe the nature and schedule of such training. The use of such techniques as tutorials, video tapes and automated help systems are encouraged by the State. The training plan shall identify the Contractor's resources that will be used for the training effort. The training plan shall be mutually agreed to and have the approval of the State's Contract Manager prior to commencement of that training. Within five (5) days of contract award, the contractor must submit a preliminary copy of their draft training plan. 5.13a .Draft Training Plan (Mandatory) 5-16 5.14 5.15 RFP 58009 Section 5 — Technical and Business Requirements Provide details on the training plan that your Company will provide to the State of.California as part of this contract. Provide details on the training plan, including: 1) The type; - - 2) Number of resources; 3) Frequency; 4) Format of the training courses; 5) Timelines. - Transition Plan at End of Contract (Mandatory) The Vendor must agree that at the end of this contract, should the State conduct another procurement and award a new contract, the contractor will work with the State's Contract Manager to ensure that an efficient and effective transition takes place. The Vendor shall complete any requested order, within the delivery time frames specified, for the period of this contract. The established contract shall govern the'Vendor's and State's rights ordering obligations, with respect to any order completed during the contract's effective.period; provided, that the Vendor shall not be required to make any deliveries under this contract after 15 days, after expiration of ,the contract, . Customer References (Non -Mandatory Scored) Customer references are intended to gather information related -to the bidder's experience successfully servicing accounts similar to the State. The bidders shall submit three (3) customer references. If furnishing references to Statewide Food Contracts, bidders are to provide a signed and scored reference from the user facility. For any reference, use the attached Customer Reference Form Exhibit 8.08. - Customers must fully complete the Customer Reference Form and return directly to the bidder. The bidders must then submit the completed Customer Reference Forms with RFP submittal. Failure to submit all three (3) customer references will result in the bidder's point total, for this item, to be deemed as zero (0)f The work shall have been performed within the last three (3) years, and the scope of work must be similar to that requested in this RFP: Scoring on these Customer Reference Forms will be an average of the three formtotals divided by 3 which will equal a point total. This total (max = 50 points) will be added to the bidders total score. NOTE: CUSTOMER REFERENCE FORMS FROM ANY OTHER-RFP WILL NOT BE ACCEPTED FOR THIS RFP. 0 0 RFP 58009 Section 6 - Pricing Pricin 6.1. Introduction Cost is the primary evaluation criterion for the award of this RFP. Evaluation in this area will be based on the lowest estimated net total cost to the State, as calculated according to the methodology outlined in Section 7, Evaluation and Selection. All proposed costs for all line items and any proposed discounts must include the cost of any services required in the - Administrative and Technical Sections of this RFP. - Final pricing will be submitted in a CD-ROM format in a sealed envelope as partasyour final proposal, refer to Section 3.2.3 and 3.2.5, Format and Contact. Please ensure that you are entering two decimal places for percentages as indicated in the instructions and examples for the pricing Cost Tables. The number that appears in the yellow input column, which is submitted on -your pricing CD as part of your final proposal will be used for evaluation purposes. The State's intention is to structure the pricing format in order to facilitate a straightforward comparison among all bidders. Consequently, the State requires that each bidder's quote be in the format outlined below. Alternative pricing structures will not be considered. Bidders are advised that failure to comply with the instructions stated below, or if they submit incomplete offers or offers in a different format other than the one requested, may - - result in the rejection of their proposals as non -responsive. The Delivered Price of all items purchased under the resultant contract shall consist of two separate price components: Product Price and Distribution Price. See the following. The item prices are also to. include. 1. Product Price, The product price shall be the manufacturers/supplier's-actual product cost delivered to the contractor. 2. Distribution Price, The distribution price shall be a maximumallowablepercentage markup over cost and shall be added to the product price for the final delivered cost. The distribution price includes but is not limited to the distributors projected general and administrative overhead, packaging cost, fuel cost, transportation cost from the distributors warehouse to the ordering activity; any other projected expenses associated with the contractors function. The distribution price shall be a result of bidder Product Price times 1.00 + (% markup as bid) for all items within a product category (see following example). Margin pricing is not allowed. During the course of the contract, pricing may be below the maximum. allowable markup, but may not exceed the maximum allowable markup, as bid. Example: Product Price = $10.00 Distribution Price: 5%=.05 Delivered Price = $10.00 X 1.05 = $10.50 6.2 Price Structure - - The pricing information is categorized under six (6) food categories: All items provided shall be First Quality, (Le. Grade A, U.S. No. 1, Select etc.) equivalent _ or better. 6-1 RFP 58009 TABLE OF CONTENTS - - - 2.5.4 ERRORS IN THE FINAL PROPOSAL -. - _ 2-8 2.6 STATES' RIGHT - - 2-9 2.7 AWARD OF CONTRACT - - 2-9 2.8 CONTRACT INFORMATION' - 2`9 - 2.8.1 SPECIFIC TERMS AND CONDITIONS 2-9 - 2.8.2 CONTRACT DEVELOPMENT 2-10 2.8.3 ALTERNATIVE PROTEST PROCESS 2-10 2.8.4 NON -RESPONSIVE PROPOSALS - 2-11 SECTION 3 — INSTRUCTIONS TO BIDDERS 3.1 OVERVIEW OF THE RFP PROCESS 3-1 3.2 RFP SUBMITTAL INSTRUCTIONS 3-1 3.2.1 MANDATORY DOCUMENTS THAT MUST BE SUBMITTED 3-4 - WITH RFP RESPONSE 3.2.3 PROPOSAL FORMAT AND CONTENT 3-5 - 3.2.4 DRAFT PROPOSAL FORMAT AND CONTENT 3-6 3.2.5 FINAL PROPOSAL FORMAT AND CONTENT 3-6 - - 3.3 NEGOTIATIONS 3-7 3.3.1 OVERVIEWOFNEGOTIATIONS 3-7 - 3`3.2 "NEGOTIATIONS INSTRUCTIONS '3-8 - 3.3.3 DETERMINE THE COMPETITIVE RANGE - 3-9 3.3.4 STEPS FOR DETERMINING THE COMPETITIVE RANGE 3-9 3.4 EVALUATION METHODOLOGY _ 3-9 3.4.1- OVERVIEW OF EVALUATION 3-9 SECTION 4 — ADMINISTRATIVE REQUIREMENTS 4.1 GENERAL REQUIREMENTS -. 4-1 4.2 MANDATORY AND NON -MANDATORY. REQUIREMENTS 4-1 4.2.1 BIDDER DECLARATION FORM - - - - 4-1 4.2.2 RETAILER'S SELLER'S�PERMIT - - 4.2 4.2.3 - . NONCOLLUSION AFFIDAVIT 4-2 4.2.4 NON-DISCRIMINATION TOWARD WTO GPA - 4-2 SIGNATORIES 4.2.5 HAZARDOUS CHEMICALS. 4-2 4.2.6 RECYCLING CERTIFICATION. 4-2 4.2.7 SUPPLIER NAME CHANGE 4-3 4.2.8 CORPORATE QUALIFICATIONS TO DO BUSINESS 4-3 IN CALIFORNIA 4.2.9 PAYEE DATA RECORD 4-3 4.2,10 :GENERAL PROVISION FOR .NON -IT -COMMODITIES 4-3 . - 4.2.11 SMALL BUSINESS PREFERENCE - 4-3 4.2.12 NONSMALL BUSINESS SUBCONTRACTOR PREFERENCE 4-3 4.2.13 ATTACHMENT IF CLAIMING SB PREFERENCE 4-4 4.2.14 SMALL BUSINESS CERTIFICATION 4-4 - 4.2.14A. EZA, LAMBRA, TACPA PREFERENCE 4-4 4.2.15. CONTRACT AUDITS 4-4 3of6' RFP 68009 Section - Pricing Cost Table 1 - The items list represents the spend in The Miscellaneous Food Contract by the State, based on recent historical data. These categories shall be broken down into 6 Food Product Category Descriptions. The pricing proposal for this list must be provided for each category and will only be considered compliant if the bidder provides Maximum Allowable Percent .Markup for each food category. All pricing shall be as stated in Cost Table 1 and remain in effect for the term of the contract. A blank cell or a zero (0.00%) value in a product category will be interpreted as an incomplete pricing proposal and the bidder deemed non responsive. Volume Discounts: Cost Table 2 - - Additional Volume Discounts for deliveries from Half Truck Loads to Full Truck Loads are represented as a percentage discount off maximum allowable percentage over cost as listed in Cost Table 1: 6.3 Pricing Instructions Exhibit 8.11, Price Cost Tables, contain the different bid sheets that the bidders shall use to enter pricing. Please follow these instructions to submit your pricing proposal to the State: Download the price Cost Tables, Exhibit 8.11 from the California State's Contractors Register to your hard drive. Rename the file as "(Enter your company name) Miscellaneous Food Vendor Pricing Cost Tables. xls" on your hard drive. Once you have finalized your pricing, save the file onto a CD-ROM(s) and submit four copies as identified in Section 3. 6.4 Pricing Cost Tables Please enter data into Yellow cells only. Modifying any other cell in any of the Cost Tables may disqualify the bidder from the entire RFP. Two cost tables are included in the pricing exhibits. 1. Cost Table 1 - Category Baskets item list; 2. Cost Table 2 — Volume Discounts (per delivery) 6.4.1 Cost Table 1 A. Category Baskets: For Product Categories 1-6 contained in this cost table, please input the following for each subcategories: - • The maximum allowable percentage markup over cost that you are offering for all items in the Product Category (in %); - B. Completion of Category Basket Items: All percentages over cost for the category baskets will remain as the maximum allowable. percentage markup for the entire term of the contract and any extension offered. 6.4.2 Volume Discount—. Cost Table A. Represented as apercentage discount off percentage over cost as listed in Cost Table 1. 6.4.3 1. A sample line item is shown on each cost table to indicate, how to complete the information - (example line item is color -coded in orange). 6-2 RFP 58009 . Section 6 - Pricing RFP 58009 Section 7 -- Evaluation and Selection 7 EVALUATION AND SELECTION - 7.1 State Evaluation Team The State has established an evaluation team that will be responsible for the review and evaluation of bidder proposals inaccordancewith the process described in the RFP. The State may engage additional qualified individuals during the. process to assist the State Evaluation Team in understanding technical, financial, legal'„contractual, or program matters. 7.2 Overview of Evaluation- - Evaluation will be a two (2) step process. The fast step into evaluate each proposal to determine if a bidder is responsive and responsible through mandatory pass/fail requirements . in Section 4, Administrative Requirements and Section 5, Technical and Business Requirements. If a bidder is deemed non -compliant to the requirement(s) the proposal evaluation will not.proceed to the. next step. The second, step is to determine the Total Score by evaluating the Cost Score based on the competitiveness of bidder's pricing. The. State will take the highest bid score, (lowest bidder) and award to all bidders) that fall within 10% of that score. - - 7.3 Final Proposal Scoring The totalscore includes the Administrative &"Technical Business Score and. Cost Score. The State Evaluation Team will evaluate and score ,the bidder's response in the Final Proposal to calculate a total cost score. The maximum points available are 1;000. 7.4 Scoring Criteria The Cost Score represents 85% (850 points) of the total points. The Total Score is comprised of the following elements: Areas Criteria Maximum Points Administrative & - Mandatory Pass/Fail Technical Business Requirements- 100 Requirements - Cost (Categories) '.-Maximum Allowable ' Markup Percentage over 800 Distribution • Cost (per - - - . Category) Cost: Additional - Half Truckload 25 Volume Discounts Full Truckload 25 Customer Reference - Three.(3) Completed 50 Forms - Forms -t-- - Total: 1000 7.5 Cost Score All bidders' final pricing worksheets will be checked for accuracy of mathematical calculations. The cost score consists of two components; the cost score (maximum of800) and Additional Volume Discounts (maximum of 50). The total possible cost points awarded are850. :7-1 - RFP. 58009 Section 7 — Evaluation and Selection The Cost Score takes into account' input from the final pricingcost table basket pricing. The following' table summarizes the components that will he used byithe State to calculate the cost score for all bidders: - 10o :t.+k��,.4'+'.�AProiiucts `+ ,Cat" oUalue.Pomts - 1 - GROCERY DRY 150 2 - GROCERY REFRIGERATED & FROZEN 150 3 Produce - 150 4. _ Meat. 100 .5 Dairy 150 8 - - Emer enc - 100 Total 8 W The Cost Score will then be calculated using the following method for each category: Step One: - For all bidders, the lowest cost for the category will be identified. . ExampleCategory4i;. Bidder 1 10.00% . Bidder 2- Bidder 3 7.00% F Lowest Cost Bidder 4 8.50% Step Two: For each bidder, use the lowest % markup as the NUMERATOR and the respective bidders Jota!;9/o markup,as the DENOMINATOR.; The result 'is..referred.,to as the, Cost Factor. - Bidder 1 Lgn oJ000 F Bidder:"1's Cost Factor- .10.00% Bidder 2 7.00% _ 0.9333 E Bidder 2's Cost Factor 7.50% Bidder 3 - 7.00% _ 1.0000 E--Bidder 3's Cost Factor 7.00% Bidder 4 7.00% = 0.8235 E Bidder 4's Cost Factor 8.50% 7-2 RFP 58009 Section 7 — Evaluation and Selection Step three: Multiply each bidder's Cost Factor by (max points. in basket) to obtain the bidder's Cost Score. Bidder Cost Factor (a) Maximum Cost Points (b) - - Cost Score (a x b) Biddert 0.7000 X 100 - = 70 Bidder 2 - 0.9333 X 100 = 93.33 Bidder 1.0000 X 100 =. 100 Bidder 0,8235 X 100 = 82.35 The above steps will be repeated to total each category and then added to obtain the total cost score. 7.5.1 Additional Volume Discount Points The Evaluation and Selection Team will calculate the additional volume discounts score for each bidder by adding the scores summarized in the table below (Section 5.5.13). The maximum possible additional volume cost component is 50. The bidder who provides the best +discount for each tier will receive the maximum points for that tier. Component Discount. breakdown - Maximum Points Volume. Discount 10-19Pallets - - 25. - 20+ Pallets. - 25 Total 50 The additional volume cost components will be scored based upon the same methodology as described in steps one, two and three. Best discount(s) offered for each tier will be used as the denominator. Bidder ' Volume. Discount. Additional Volume Discount Score Total Points Bidder 15 %, load .4% ;1 load .9% 46.66 46.66 Bidder 2 - % load .2% ;1 load 1.0% 40 40 Bidder 3 % load .3% ;1 load 1.0% 43.33 43.33 Bidder 4 Y: load .5% ; 1 load 1.0% 50 1 50 7 3 RFP 58009 Section 7 — Evaluation and Selection For each bidder, use the lowest% markup as the NUMERATOR and the respective bidder's Total % volume discount as the DENOMINATOR.. The result is referred to as the Cost Factor. Bidder 1 1.4% = 0.9300 E Bidder 1's Cost Factor x 50 points = 46.66 - 1.5% Bidder.2 1.2% = 0.8000 E Bidder 2's Cast Factor x 50 points = 40 Bidder 3 1.3% _ 0.8666 E Bidder Ts Cost Factor x 50 points = 43.33. 1:5% Bidder 4 1.50/6 = 1.0000 F.Bidder 4's Cost Factor x 50. points = 50 1.5% 7.5.2 Total Score- - The Evaluation and Selection Team will calculate the total score for each bidderby adding the technical and business score, cost score andthe additional volume discounts components score for each bidder to determine the Total score for each bidder. "Bidder f. _, Cost score s-`Addrt .. onal Volume a`�"'Discount Score (b) Total Score - +� a( (a*b) Bidder 1 - 670 �46.66 716.66 Bidder 2 - `' : '537.25 40 577.25. Bidder,3 693.5 43.33 736.83 Bidder 4- - 665 .. 50 715 7.6 "Customer Reference Forms Participation Points: (NON -MANDATORY SCORED) 50 points (max) will be available to all bidders. All required Customer Reference Forms must be submitted with the Proposal. Failure to submit all three (3) customer references will result in the bidder's point total; for this item, to be deemed as zero (0). The total of the points for the, 3 reference forms will be averaged and point total will be applied to the overall total.. 7.6.1 Calculation of Customer Reference Forms.(CRF) Participation Points 50maxim6in optional points for. Customer Reference Bidder 1: (50-50-50/3)=50:0:points Bidder 2:,(43-48-46/3)=45.66 - - Bidder 3: (44-43-41/3)'=42.66 Bidder 4: (48-50-NA/3)= 0.0 7-4 RFP 580.09 Section 7 - Evaluation and Selection In this example, Bidder 1, Bidder 2, and: Bidder 3 willreceiveoptional points: ;Bidder 4 will not receive any optional, points (only (2) CRFs returned). - - These optional points will be awarded on direct point basis. - Final Breakdown of CRF points: Bidder 1:- 50,0 points - - Bidder 2: 45.66 points Bidder 3:: 42.66 points - . Bidder 4: 0 points - These Customer Refere.nceForm points will be added to the Total Score from 7.6 above: ,Bidder Score '. CRF - 'Final Score (a) Participation (a+b) points b) Bidder 1 71666 50.00 766;66 Bidder 2 : 577.25 45.66 622.91 Bidder 3 736.83 42,66 779.49, Bidder 715.0. 715.00 7.7 Small Business Preference Example: _ If the small business preference is to be applied to a California -certified small business' total score, the following formula will be utilized: Example, highest Non -Small Business Total Score 905.00 x .05 = 45.25 small business preference points.. The 45.25 points will be added to all California -certified small businesses' total scores. Non -Small Businesses committing to 25% of the contract to Small Business participation, will also receive the 5% preference. 7.8 Final Calculation within 10% Range. . The State will take thehighest bid score and award to all bidder(s).that fall within 10% of that -score. - — Example. - - - 779.49 (Highest Score) - 10.% = 701.54.points All bidders that scored above 701.54 would be awarded this contract. In this example Bidders 1, 3, and 4 would be awarded the. contract. 7 5 RFR 58009 section - Exhibits.and, Forms EXHIBITS & FORMS Exhibit 8.01: - Letter of Intent to Bid'.- 1Page Exhibit 8.02: - - Confidentiality Statement 1Page Exhibit8.03: Bidder Declaration Form (GSPD-05-105) -2 Pages Exhibit 8.04: Payee Data Record (Form STD 204) 2. Pages Exhibit 8.05: - Retailers Seller's Permit. 1'Page Exhibit 8.06: Section 4 - Responses to Administrative - 2 Pages Requirements Exhibit 8.07: - Section 5 - Responses to Technical 4 Pages and Business Requirements Exhibit 8.08: Completed Customer Reference. Forms - 2 Pages Exhibit 8.09: Standard Agreement (STD-213) 1 Page Exhibit 8.10: Wooden Pallet Specification No. 3990-01A-01 3 Pages Exhibit 8.11: Completed Pricing Cost Tables. -. Cost Table 1-Category Baskets 1 Page Cost Table.2 - Volume Discount 1 Page - Exhibit 8.16:. Recycle Code 3 Pages Exhibit 8.17:_ California Department of Corrections and 2 Pages Rehabilitation Special Provisions. Exhibit 8.19: Glossary .. _ _ 5 Pages Exhibit 8.20: - Delivery/Shipping Zip Code 5 Pages Exhibit 8.9: Non -Collusion Affidavit 1 Page 8-1 A... A.. .Department of General Services Procurement Division - "� 707 Third Street, -2"" Floor West Sacramento, CA 95605-2811 State of California CONTRACT NOTIFICATION ""NON -MANDATORY"" CONTRACT NUMBER: 05-13-89-15-P & -U Supplement 1 DESCRIPTION: Miscellaneous Food Contract CONTRACTOR(S): -Performance Foodservice Northern & Southern CA - US Foods Inc. CONTRACT TERM: 'November 25, 2613 through November 24, 2015 ; DISTRIBUTION LIST: 'Statewide Institutions STATE CONTRACT Dave Henning ADMINISTRATOR: 916-375-4544 dave.henningCc)das.ca-gov orioinal signed Effective Date: November 25, 2013 Robert Wirey, Food Acquisitions Manager STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES .PROCUREMENT DIVISION Contract (Mandlaltory)1-13=89-15 Supipi mart 1 Contract Notification and User Guide Effective November 13, 2013 subject contract for Miscellaneous Food has been modified to reflect the following change: • The contact information for some Performance FoodseMce of Northern and Southern California managers have been changed. • Revised User Guide is attached All other terms and conditions remain the same. Page 2 of 19 RFP 58009 TABLE OF CONTENTS SECTION 5—TECHNICAL AND BUSINESS REQUIREMENTS 5.1 INTRODUCTION 5.2 .GENERAL REQUIREMENTS - 5.3 ELECTRONIC ORDER ENTRY SYSTEM/CATALOG - 5.3A CONTRACTOR'S ELECTRONIC ORDER. ENTRY/CATALOG 5.3B CONTRACT HOME PAGE 5.3C USER ACCOUNTS 5.3ja USER ACCOUNT SET-UP. 5.3.1b E-SERVICES/ELECTRONIC ORDER ENTRY SYSTEM - 5.4 ORDERING METHODS - 5.4.1 TELEPHONE/FAX/MAIUORDERING SYSTEM 5.4.2 EMERGENCY ORDERS 5.4.3 ORDER ACKNOWLEGEMENT 5.5 DELIVERY/SHIPPING 5.5.1 REFRIGERATION, FROZEN AND DRY STORAGE 5:5.2 FROZEN PROCESSED FOOD PRODUCTS _ - `�5.5.3- DELIVERY SCHEDULES 5.5.4 SECURITY REQUIREMENTS FOR INSTITUTIONS- 5.5.5 FREIGHT ON BOARD (FOB) DESTINATION - 5.5.6 ON -TIME DELIVERY 5.5.7 SHIPPED ORDERS - 5.5.8 OUT -OF STOCK NOTIFICATION AND REMEDY 5.5.9 -RESTOCKING/CREDIT POILCY 5.5.10 - RECURRING DELIVERIES 5.5,11 CREDIT AND/OR REPLACEMENT 5.5.12 PRODUCT RECALL PROCEDURES . ,5.5.13. WARRANTY _ .5.5.14 CARTON WEIGHT 5.5.15 WOODEN PALLET 5.5,16 CONTAINER, CORRUGATED FILING/ARCHIVE BOX 5.5.17 DOCUMENTATION 5.6 FOOD SAFETY PROGRAM - 5.6.1 APPROVE INSPECTION/AUDIT COMPANIES 5.7 INVOICING 5.8 PAYMENT OPTIONS 5.8.1 . CAL-CARD/CREDIT CARD 5.8.2 CAL -CARD INVOICING 5.8.3 ELECTRONIC INVOICING 5.9 REPORTS 5.9.1 MONTHLY DETAILED USAGE REPORT 5.9.2 MONTHLY LINE ITEM SPEND REPORT 5.9.3 SEMI-ANNUAL UPDATES OF CONTRACTOR'S ACCOUNT MANAGER LIST 5.9.4. FILL RATE REPORT 5.9.5 AD HOC REPORTING REQUIREMENT _ 5.9.6. - DETAIL SMALL BUSINESS LOG 4of6 5-1 5-1 5-1 5-2 5-2 5-3 5-3 5-3 5-3 5-3 5-4 5-4 5-4 5-4 5-5 5-5 5-6 5-6 . 5-6 5-6 5-7 5-7 5-7 5-7 5-8 5-8 5-8 5-8 5-8 5-8 5-8 5-9 5-9 . 5-10 5-10 5-10 5-10 5-10 5-1 L 5-12 5-12 5-12 5-13 5-13 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-13-89-1 a Supplement 1 Contract Notification and User Guide SECTION 1 User Instructions 1. OVERVIEW This Statewide Non -Mandatory Miscellaneous Food contract (5-13-89-15 P & U) is awarded for two years with (3) 1 year, or portions thereof, available extensions, at the State's sole option. The State makes no guarantee to quantities or dollar volume for this contract. The awarded suppliers are as follows: _ - ,',; ;Contractt# .� �Prodact Cate ,ones, ,,,;Vendor;',�;„,1;<"t; 05-13-89-15-P All Product Categories Performance - Foodservice Northern & Southern CA 05-13-89-15-U All Product Categories US Foods 2. SCOPE Performance Foodservice of Northern & Southern CA or US Foods Inc., within 24 hrs after receipt of purchase order, will confirm receipt of orders to .agency (institution) and fill those orders within 3 days. The intent of this contract is to provide for a wide variety of agency needs, for non -mandatory contract food products. Multiple contractors insure that best value and service, in a competitive - arena, is afforded theStateof California users. These user instructions apply to this two-year contract, including any extensions to the contract,: and the requirements for the State of California and participating local agencies for Miscellaneous Food. _ Delivery locations are statewide, from border to border. These locations include, but are not limited to: California Department of Corrections and Rehabilitation, Department of Developmental Services, California Highway Patrol, Veteran's Homes, Department of State Hospitals, Emergency Medical Services, Department of Forestry, and Department of Education, as well as, all other state entities and 2,000 local governmental agencies that have the option of utilizing this contract, A local agency is a city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds (Public Contract Code 10298), including the California State University (CSU) and University of California (UC) systems, K-12 schools, and - community colleges. Purchase orders placed against this contract will be for consumable food products only (including category 6, Emergency). Non-food products may not be purchased using this contract. 3. CONTRACT USAGEIRULES - A. State Agency Users: Use of these contracts is non -mandatory for all State departments Page 3 of 19 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DMSION Cannel (Maindxi ary)1-13-89-15 Sauppicanent 1 Contract Notification and User Guide Ordering State departments must adhere to all applicable state laws, regulations, policies, bestpractices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, StateAdministrative Manual, Management Memos, and Purchasing Authority Manual. B. Local Government Agency Users: - • Local. governmental agency use of these contracts is optional. While the State makes these contracts available to local governmental agencies, each local governmental agency should determine whether the contracts are consistent with its procurement policies and regulations. The above requirements and restrictions are not applicable to local government entities. C. USER ACCOUNT. - - `Contractors' customer service'representatives must create various State and local government user accounts and assist allcustomersin the understanding of their computer network or information services. User accounts will include a user name, password, and default set of permissions. Each contractor will designate a Single Point of Contact, for - - problem resolution and related contract issues, occurring during the course of the entire . contract... - 4. ORDERING PROCEDURE - A. ORDER NUMBER ,Contractors shall issue unique business location order.numbers to the users of these contracts. B. ORDERING PROCEDURE METHODS Thereare four ordering methodsavailableon this contract: State departments. must submit a Put.chasing.Authority.Purchase Order (Form STD 65) directly to the contractor, except when :-ordering electronically through -the cohtractoPs website or when placing orders by telephone, in which case the duly executed STD.65:must be forwarded to the contractor. Phone or electronic orders, must include an authorized PO #.at the time of placement. Orders must provide the specific delivery address;and the on -site agency contact and telephone number, as well as, ,-all .itemslisted for purchase. .Local agencies must submit their own standard purchase order form directly to the contractor, except when ordering electronically through the contractor+s website or when placing orders by telephone. Orders must provide the specific delivery address and. the on -site agency contact and telephone number, as well as, all items' listed, for purchase. Purchase order'and billing code numbers are required for placement of all orders,' including those paid by CAL -Card. Blanket P.O.s will not be authorized on this contract, without. prior DGS'approval. Contractor shall provide the following to each customerUtilizingthiscontract: 1. A toll -free telephone number for State and local agencies to place telephone orders. - Page 4 of 19 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandlatory)1-13-®9-15 Supplement 9 Contract Notification and User Guide 2. Telephoned orders shall be accepted between the hours of 7:00 AM and 4:00 P.M. (PST/PDT), Monday through Friday. 3. A toll -free fax number for State and local agencies to place facsimile orders. Fax orders must be accepted between the hours of 7:00 AM and 7:00 P.M. (PST/PDT), Monday through Friday. 4. Contractor must be able to receive orders by mail. See pages 14 thru 20 for local contractor contact to obtain mailing address for placing mail orders. 5. Contractor's Website: State departments and local agencies may place electronic orders through the contractors' websites (homepages). The contractors' systems shall be available twenty-fourhours a day, seven days a week, for ordering products, except for regularly scheduled maintenance times. Homepages must comply with the following -requirements: a. State -specific current contract pricing for category items. The price shown will be the net price the State,will- be charged. b. Detailed line item descriptions, including but not limited to name, color, size, standard package quantity and pictures when possible. c. Recycled product content must be indicated using the recycle codes as outlined in Section 8, Exhibit 8.16 titled "Recycle Codes" and used in the Recycled Products Report. d. "Shopping -cart" ordering capability. e. Contractor's system should'indicate and/or preclude the ordering of selected items where the. ordering of those selected items conflicts with State policy. These items may include *Prison Industry Authority (PIA). items anditemsavailable on other DGS/PD mandatory Statewide. contracts. - - f. Contractor's system shalltrack unique: institution purchase order numbers. _ g. Contractor's system shall have the ability for ordering agencies to enter • .Their own unique agency billing code number, department name, institution name • Their own purchase order number • Awarded contract number • Bill to and ship to address • Their own unique purchasing authority number C. ORDER PLACEMENT Universal Resource. Locator (URL) for the'Internet/Web Based Home Page must be supplied to DGS- PD prior to the implementation of electronic ordering. - To access: specific ordering information, click onthe'links below. - • Contract 05-13-89-15-P; www.i)fac.com Performance Foodservice Northern & Southern CA Miscellaneous Food Contract Ordering system • Contract 05-13-89 15-U, W)ww.usfood com US. Foods Miscellaneous Food Contract Ordering system Page S'of19 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENFDIVISION Contract (Mandatory) 1-93-39-15 Suppternartt 9 Contract Notification and User Guide D. ORDER RECEIPT ACKNOWLEDGEMENT/CONFIRMATION Contractor must provide the ordering agencies with an order receipt acknowledgment via e- mail, facsimile or generated by the contactor's ordering system within twenty-four (24) hours after receiptof an order. The acknowledgement will. include: 1. Ordering agencies name 2. Description of goods and/or related. products purchased 3. Purchase Order number 4. Total cost Contactor(s) shall work with the State to provide any other future requirements the State may deem necessary for the smooth operation of the contract. E. EMERGENCY ORDER PROCEDURES - Contractors) "Emergency Response and Delivery System" allows State and Local Governments to purchase any item that is offered in the contractors catalog or E-services system. Contractor must provide toll -free, after hours, telephone number(s) and contact name(s) for placing emergency orders, and the ability to accept such orders 24 hours a day, seven (7) days a week. Contractor(s) must provide food products, have the ability, capacity, and equipment to deliver emergency services for food. Orders that occur during an emergency such as (i.e. floods, fires, earthquakes, or other Agency, State, or National disasters) shall be delivered to the designated site(s) within an eight (8) hour time frame or timeframe defined by agency. Contractors shall provide as requested: • A customer service representative, as needed, to the emergency site for ordering and business correspondence, if required • A minimum of one refrigerated truck for food storage to designated site location for duration of emergency situation, if required • Deliver ordered food and supplies to any designated location within the State • Maintain an inventory of food products available for a minimum of two (2) complete meals for 500.people at any given time • Flexible food distribution system that can allow for any increase/decrease in the amount of food or supplies to bedelivered daily or as requested F. CAL-CARD/CREDIT CARD State agencies may use the State's VISA credit card program (CAL -Card) to pay for orders. Using the CAL -Card for an LPA order does not relieve the department from executing a STD 65. Purchases executed on a STD 65 have a designated block to check to identify that payment will be made with the CAL -Card. Agencies must provide contractor(s) with their agency billing code. and a purchase order number when using CAL -Card. Contractors shall supply State agencies with itemized receipts at the time of purchase or delivery for all purchases made with CAL -Cards. Page 6 of 19 _ STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-13-89-1 a Supplement 1 Contract Notification and User Guide G. CONTRACT COST FORMULAThis contract is non -mandatory and has 6categories of items. The cost plus maximum allowable percentage markup (see example) will stay in effect for the duration of the contract. All contractors, named in this'guide, have been awarded this contract and it is in your best interest to determine product availability, delivery, pricing to satisfy your specific needs. (Example: (Product Cost) ($1.00) X 10% (Maximum Allowable Percentage Markup) _ $1.10 (Delivered Cost to User and listed in catalog). During the course of the contract, pricing may be below the Delivered Cost to User, but may not exceed the maximum allowable markup, as bid and listed on Monthly Reports. • The minimum order delivery on this contract is $1000 per delivery (including all categories). • If an item is available from Prison Industry Authority (PIA), you must purchase the item from PIA or get a waiver from PIA to allow purchase from these contracts. • - If an item is available on a DGS/PD Mandatory Statewide contract, you must use that contract. Violators of this requirement. may lose their Department Delegated Purchasing Authority. 5. CONTRACT MANAGEMENT Both the State and the contractors have assigned contract managers as the single points of contact for problem resolution and related contract issues. State Contract Administrator: Dave Henning DGS/Procurement Division - - - Telephone: (916) 375-4544 - - Facsimile: (916) 375-4439 E-Mail: dave.henninaftdgs.ca.Dov 6. GENERAL ADMINISTRATION INVOICING Ordering Agencies may require separate invoicing, as specified byeach -ordering organization, The invoices must use the contractor's invoice that includes at a minimum their name, address and telephone number. The contractor will also issue invoices identifying, at a minimum, the components listed below:. 1. State's contract number - 2. Agency purchase order number 3. Agency billing code 4. Purchasing agency - delivery address of the order 5.. Product(s) description - - - Page 7 of 19 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES. PROCUREMENT DMSION Contract (Mandatory) 7=13-111g-95 Supplement 9 Contract Notification and User Guide 6. Manufacturer's product(s) number(s) - 7. Product Price(s) per unit(s) and extended price 8. Quantities of merchandise issued 9. Date ordered - 10. Date delivered 11. Listing of returns or back ordered items- 12. Prompt payment discounts/Cash discounts, if applicable, shall be clearly indicated on each invoice as written statement: (Samples: "Prompt Payment Discount: 1%20 Days" or .. "Cash Discount 1%20 Days") 13. Totals for each order.. Each invoice shall have a total for all orders, a total for all credits, and amount due from each agency 14. All other discounts shall be applied at the subtotal level as applicable. This would include volume discount, online ordering, etc 15. Any other mutually agreed upon requirements the State may later deem necessary CUSTOMER INQUIRIES. - Contractors' assigned customer service representatives shall respond to customer inquiries Monday thru Friday within one.(1) business day of initialtontact. These inquiries may include requests for product,information; billing disputes; delivery disputes or problems; product returns; pricing -information! adding or deleting account names, addresses and numbers; and requests for training ADMINISTRATIVE FEES; DGS directly bills each State department an administrative fee for use of statewide contracts. -(You may click on "DGS Price Book" at htt67/ w Av dos ca aov/ofs/Resources/Pricebook asox for current" fees).. This fee -is not includedin the purchaseorder, nor invoiced by the contractor, and is not to be remitted by the department. or local agency before. in are received. A copy of all State department, purchase orders must besent to: - DGS— Procurement Division - Attention: Data Entry P. O. Box-989052 West Sacramento, CA 95798-9052 - It is very important thatagenciespromptly forward copies of any purchase order amendments to the,above addresseo allow for adjustments to the administrative fees. For inquiries:regarding billing codes,;local agencies should contact Marilyn Ebert at (916) 375- 4400 (marilvn`ebertCcDdas.ca.eov PRODUCT RECALL PROCEDURES In the event of a product recall,.contractor shall provide with the following: - Page 8 of 19 - STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contmet (PmAs ndatooy)1A3419=95 Supple, 9 Contract.Notification and User Guide. ? a. Notify every purchasing agency when the recall goesinto effect. - - - b. At the earliest stages of a, potential recall, immediately notify the DGS/PD Contract Manager. c. Recalled,products will be picked Up, tested, destroyedor'returned to the manufacturer at no expense to the State. DELIVERY COST All pricing is Freight on Board.(F.O.B) destination (freight prepaid by the contractors), to the. ordering organization's receiving point. Responsibility and liability for,loss'.Or damage for all orders shall remain with the contractors until final inspection sand acceptance, when all. responsibility shall pass to the ordering organization except the responsibility for latent defects, fraud, and the warranty obligations..., DELIVERY TIME • Delivery items must occur by the close of business on the third calendar day following receipt of the order, or later if requested by the customer. When the third day falls on -a Saturday, Sunday, or State holiday,the delivery shall take place on the next business day. All orders received by 2:00 p.m. (PST/PDT)'will be considered as having been received on that date for delivery purposes. If a contractor fails tomake'prompt delivery, of any item, the State has the right to.purchase goods.inahe open.marketandthe'contractor will reimburse the difference_ to the State. . - - • Contractor(s) is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area and San Diego Metropolitan area during off-peak hours. Off- peak hours are 10:00 a.m. to 4:00 p.m:: DELIVERY LOCATIONS - - • General: Deliveries are to be made to loading docks or receiving areas. • Institutions: Deliveries may be made to loading docks or receiving areas inside secure institutional grounds that require prior clearances be made for all delivery drivers. Prior to making deliveries, contractors will be responsible for contacting secure locations (such as California Department of Corrections: institutions) to obtain individual driver security clearance - (number of daysrequired for clearance varies) hours of. operation for deliveries and service, dress code, and other rules of delivery, Deliveriesthat are delayed because drivers -were not cleared to enter institutional grounds may cause a contractor loss of revenue and may be declared in default for non -delivery. G. RECURRING DELIVERIES . An order may be placed requesting scheduled or recurring deliveries for any items. Page 9 of 19 STATE OF CALIFORNIA - DEPARTMENT OFGENERAL SERVICES - - PROCUREMENT DIVISION Contract (Mandatory)1-13-89-15 S upplarnentA Contract Notification and;User Guide H.SHIPPED ORDERS - - Packages containing multiple products shall be clearly labeled as such. If the packing list is inside a box, that box must be identified. All shipped orders shall include: • Packing list with. pricing - - - - • Quantity of items • - Indicate backordered items, unless the contractor has utilized a different method for backorder/out-of-stock notification - • Ordering organization's name • Section or unit name - • Location (street address, building, floor, room number and zip code) • Name of ordering person - • Purchase order number • Number of cartons. - - I. PROMOTIONS Promotionalpricesshall be. available under these contracts. Contractors must notify the State's Contract Manager ofallsales promotions involving price reductions. This notification shall include: - • Starting and ending dates of the promotion; - - • Products involved; and • A comparison of promotional and previously authorized prices. J. Monthly Detailed Usage Report (Mandatory) - Contractor shall submit a monthly Detailed Usage Report by line item to the Contract Manager. Report shall be submitted by the fifteenth calendar day for the previous month's activity. Report shall include the following elements: - • Customer # • Customer or institution Name - • Agency Billcode • Agency Department Code (CDCR, DDS,. LOCAL etc.) • Purchase Order# - • Order Source (Catalog, Phone, Fax, etc.) _ • Order Date - • Invoice# - - Invoice Date Date - - • Small Business Indicator Page 10 of 19 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Conalrace (Mandatory) 1-13-89-15 Supplement 1 Contract Notification and User Guide • Small/Large Business (Y/N) • Product Status • Category # (1-6) • Product# • Product Description • Core/ Non -Core (as applicable) • Manufacture Label • Pack Size • Manufacturer Item Code • Quantity Shipped • Contractor Product Cost • Contract Price Charged • Volume Discount (if applicable) Sales Dollars • Extended contract price: including all discounts(s) applied Within ten (10)days of contract award, the contractor must submit a preliminary copy of their Monthly Detailed Usage Report, which shall contain all the elements that have been specified above. The State will review and determine acceptability of the report. _ Page I I of 19 - STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES .PROCUREMENT DMSION Contract (Mandatory) 1-13-89-15 SuppWrnsnq 1 Contract Notification and User Guide SECTION 2 Cost Tables 7. COST TABLES CATEGORY BASKETS 05-13-89-15-P Performance Foodservice Northern 8r Southern CA Category Product Basket Maximum Allowable Markup Percentage Allowed to - Product Cost" 1 GROCERY DRY 5.96 % 2 GROCERY Refrigerated or Frozen " - - 5.9 5% 3' _ .PRODUCE • - 6.50% 4 MEAT,.. 5.95% 5 - DAIRY* 5.96 % 6 EMERGENCY • - - 6.50 % MUM - r.tuaury or rroaucm snail oe rlrst Quality (Grade A, US No. 1, Select, etc) Note ** During the course of the contract, pricing may be below the maximum allowable markup, but may not exceed the maximum allowable markup, as bid. CATEGORY BASKETS 05-13-89-15-U US Foods Inc. Category Product Basket Maximum Markup Percentage Allowed to Product Cost -1 GROCERY DRY* 7.75% 2 GROCERY Refri aerated or Frozen * 5.95 3 PRODUCE • 6.00 % 4 MEAT' - 6.95 % 5 DAIRY • - 6.75 % 6 EMERGENCY" - 18.00% rvure rummy or rroaucm snau oe rust uuallty (urape A, Us No. 1, select, etc) Note ** During the course of the contract, pricing may be below the maximum allowable markup, but may not exceed the maximum allowable markup, as bid. Page 12 of 19l.. 0, RFP 68009 - - TABLE OF CONTENTS 5.9.7 REPORTING COMPLIANCE -. 5-13 5.10 CONTRACT MANAGEMENT 5-13 5:10.1 CONTRACT MANAGER,- .. 5.10.2- CUSTOMER SERVICE/RESPONSE TIME 513.' 5.10.3 CUSTOMER SERVICE TEAM STRUCTURE -- 5=13 5.10.4 PROBLEM RESOLUTION .. 5-14.. 5 1V5 ESTABLISHED PROBLEM, -RESOLUTION FORUM 5-:14 - 5.10:6 JOINT OUTREACH 5714' 5.10.7 PERFORMANCE -SERVICE. LEVEL- - .. 5.10.8 AVERAGE FILL RATE' - 5-14 5.11 ENVIRONMENTAL CRITERIA 5-.14 - 5.11.1 ADDITIONAL ENVIRONMENTAL SPECIFICATIONS 5-114 5.11.2 PACKING AND/OR SHIPING - 5-15 - _ 5.11.3 OTHER ENVIR,ONMENTAL�ISSUES - . 5-15 5.11.4 ENVIRONMENTAL IMPACTS 5-15 5.12IMPLEMENATION - 5-15 5.12.1 DRAFT IMPLEMENATION- -.5-16 - 5.13-. TRAINING PLAN - 5-16. 5.13a DRAFT TRAINING PLAN 5-1.6 5-14. TRANSITION PLAN AT END OF CONTRACT - 5-16. - 5-15 CUSTOMER REFERENCES, - 5-16 SECTION 6 — PRICING 6.1 INTRODUCTION 6-1 6.2 PRICE STRUCTURE 6-1 6.3 PRICING INSTRUCTIONS ; 6-1 6.4 PRICING WORKSHEETS 6-2 - 6.4.2 CATEGORY. BASKETS 6-2 6.4.3 OTHER DISCOUNTS' - 6-2 6.4.4 IMPORTANT WORKSHEET DETAILS 6-2 SECTION 7 — EVALUATION AND SELECTION 7.1 STATE EVALUATION TEAM 7-1 7.2 OVERVIEW OF EVALUATION 7-1 7.3 FINAL PROPOSAL SCORING-, 7-1 ZA ' SCORING CRITERIA..7 1 - 7.5 COST SCORE - - 7-1 7.5.1 ADDITIONAL VOLUME, DISCOUNT POINTS - 7-3 7.5.2 TOTAL -SCORE 7-3 - 7.5.3 - CUSTOMER REFERENCE FORMS 7-4 - 7.6 - CALCULATION CUSTOMER REFERENCE PARTICIPATION POINTS 7-4 7.7 FINAL CALCULATION WITHIN 20%RANGE - 7-5 5of6 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-13.49-1 . Supolarnent'1 Contrabt.Notification and User Guide' nn •u�.,o..E o..,.d r•,..,i.ea r�,e,...d, ne�..a�.:.:... • Beverages (excluding Dairy Liquids),including, but not limited to, fruit & Vegetable Juice, Soda, Tea, Flavored: Waters, Coffees,,packaged in Cans, -Boxes, Glass, Plastic, Pouches, etc. • Fruit or Vegetable Produce that is NOT in its Raw Produce state This includes,_ buf is not limited to, Canned, Pouched, and Dehydrated. - • Meat & Poultryincluding, but not limited to, Beef,: Pork;Lamb, Chicken;Turkey, Duck,'Goose,.etc. These products can:be, but are not limited to, Canned, Pouched,. Dehydrated. • Fish/Seafood including,- but not limited to, Fish (all Species), Shrimp, Scallops; Clams, -etc. These products can be, but are not limited, to, Canned, Pouched, Dehydrated. Category 2 Grocery. Beverage. Fruits & Vegetables Eggs (Refrigerated or Frozen) • Beverages (Frozen or needing Refrigeration), • Fruit or Vegetable Produce that is NOT in itsRawProduce state, This includes, but is riot limited to, IQF, Frozen, Refrigerated • All Eggs in any form (Raw, Hardboiled, Peeled, Diced Liquid, etc) Egg substitutes maybe included in this category. Category 3 Fresh Produces. - • All Fruit or Vegetable Produce in its Raw Produce state It can be Sliced; Chopped,: Diced, Coined, Mixed, etc. It CANNOT include any processing that altersitsraw state. (i.e. IQF, Frozen, Mashed, Canned, Parboiled, Blanched, etc.). Category 4 Meat, Chicken. Seafood (Refrigerated or Frozen)? • All Meats including, but not limited to, Beef, Pork Lamb, Theseproducts can be Raw, Precooked, Processed; Frozen',Breaded, Flavored, etc. - • All Poultry including, but not limited to, Chicken, Turkey, Duck; Goose, etc. These products can be Raw,. Precooked, Frozen, Flavored, etc. • All Fish/Seafood including, but not limited to, -Fish (all Species), Shrimp, Scallops, Clams, etc. It may be Raw, Precooked, Frozen, Bieaded,:Packagedfor Individual'orin. Bulk. Category 5 Dairy: - • All Dairy products including, out not limited to, Milk, Cheese, Butter, Ice Cream, etc. Cateriory6 Ememencv7 • All Products ordered from the above Categories: in support,of State of.California agency - emergencies. These include, but are not limited to, Earthquake, Fire, Flood, etc. Delivery locations will be Statewide, from border to border. These locations will include, but are not limited to, California Department of Corrections and Rehabilitation, Department of Developmental Services, California Highway Patrol, Veteran's Homes, Mental Health Services, Department of Forestry, and Department of Education, as well as, possible 2,000 local governmental agencies that have the option of utilizing this contract. Page 13of 19. Volume Discount Cost Table 6 Supplier: 05-1349-15-12 Performance Foodservice Northern & Southern CA Volume Discount Per Delivery) Quarterly Volume _ Units of Measure Discount off Percentage Over Distributed Cost N 400.- 800 Cases Half Truck Load Case - - 0.00% 801+Cases Full Truck Load) - Case 1 0.00% Note: Agencies are encouraged to consolidate items to meet the minimum order amount and take advantage of volume discounts. Case quantities in the ranges described above can further reduce cost to your agency. - t F Volume Discount'Cost Table 6 Supplier: 05-13-89-15-U .US Foods Inc. Volume Discount Per Delivery) Quarterly Volume Units or Measure - Discount off Percentage Over Distributed Cost - % 400 - 800 Cases Half Truck Load Case 0.60% 801+Cases Full Truck Load)- Case - 1.00% Note: Agencies are encouraged to consolidate items to meet the minimum order amount andtake advantage. of volume discounts. Case quantities in the ranges described above can further reduce cost to your agency. - - Page 14 of 19 - STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Conto•=t QMandatary)1-13-d9-15, Supp mentl 9 Contract Notification and User Guide SECTION 3 Contractor Contacts - The contract managers for PFG Northern California & PFG Southern California are specified below Performance Foodservice Northern CA Contacts: (Institutions North of Fresnol Contract: 05-13-89-15-P Miscellaneous Food Contract Single Point of Contact - Contractor: Performance Foodservice Northern California Contract Manager: Paul Andrzejczyk Telephone: (925) 456-8618 ext. 68618 Facsimile: (925) 449-8927 E-Mail: Dandrzelczyk(rDafac.Com General Website: www.l)fac.com : Contract:. - 05 13-89 15 P Miscellaneous Food Contract Point of Contact Contractor. Performance Foodservice Northern California " Contract Manager: Laurel Negrete Telephone: (408) 921-9906 Facsimile:. (303) 662-7662 E-Mail: Ineareteftfac. com General Website: www.Dfac.com Contract: 05-13-89-15-P Miscellaneous Food Contract Point of Contact - Contractor: Performance Foodservice Northern California - Contract Manager: rDanelle Ybarra .. - Telephone: -(925) 456-8601 Facsimile: (303) 784-5634- E-Mail: dvbarraO.Dfac.com. General Website: wwwbfae.com Contract: 05-13-89-15-P Miscellaneous Food Contract Point of Contact Contractor: Performance Foodservice Northern California - Contract Manager: Chris Jinx _ Telephone: - (925) 456-8618-`. Cell: (760) 920-3790. Facsimile: (707) 471-4110 - E-Mail: ciinx(a.)ofac.com - General Website: www.ofac.com - - Page 15 of 19 • STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contact (Mandallory) 1-13-89-15 S upp0ouvmLnt 1 Contract Notification and User Guide Performance Foodservice Southern. CA Contacts: (Institutions South of Fresno) Contract: 05-13-89-15-P Miscellaneous Food Contract Point of Contact Contractor: Performance Foociservice of Southern California Contract Manager: Patrick Clark Telephone: (909) 994-8707 Facsimile: (800) 929-5558 E-Mail: patrickclarkGDDfac.com - General Website: www.ofdc.com Contract: 05-13-89-15-P Miscellaneous Food Contract Point of Contact Contractor: Performance Foodservice of Southern California Contract Manager: Lisa Hoffman Telephone: (909) 767-9432 Facsimile: (800) 929-5558 E-Mail: LHoffman(&Dfoc.com - General Website: www.r)fac.com Remit To Addresses for Performance Foodservice California Distribution Centers: PFG Livermore 6211 Las Positas Road Livermore, CA 94550 PFG City of Industry 16639 Gale Avenue - City of Industry, CA 91745 Page 16 of 19 0 9 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Coriftol (Mandatory) tAMS-15 Sapplemant 1 Contract Notification and User Guide US Foodservice Contacts: Contract: 05-13-89-15-U Miscellaneous Food Contract Single Point of Contact Contractor: - U.S. Foodservice Contract Manager: Beth Zirzow Telephone: (800) 682-1228 Ext 510 Facsimile: (925) 606-3591 E-Mail: beth.zirzowO.usfood.com Contract: 05-13-89-15-U Miscellaneous Food Contract Contractor: I US Foods (Livermore) ASP, CMF, CSP Corcoran, CSATF, Contract Manager: Eric Browner CSP Sac, CSP Sol, CHIP, CCWF, Coalinga, CTF, Telephone: (800)682-1228 ext 648 KVSP, MCSP,NKSP, NCYCC, NCW, Facsimile: (925) 264-1280 PBSP, PVSP, Preston, RA McGee, SVSP, E-Mail: eric.brownerfalusfoods.com SQSP, SCC, VSPW, WSP, Camps, DVI Mailing Address: 300 Lawrence Drive Livermore, CA 94551 Contract: 05-13-89-15-U Miscellaneous Food Contract Contractor: US Foods (Livermore)- Napa State, Veterans Home Contract Manager. Rebecca Rowe Telephone: (800) 682-1228 ext 589 Facsimile: (925) 606-3514 - - -. E-Mail: - rebecca.rowe0usfoods.conn Mailing Address: 300 Lawrence Drive Livermore, CA 94551 Contract: ` 05-13-89-15-U Miscellaneous Food Contract - - - Contractor: US Foods (Livermore) - Sonoma Dev Ctr, Dept of Rehab OCB Contract Manager: Julie Bernard Telephone: (800) 682-1228 ext 416 Facsimile: (707) 644-1133 E-Mail: Julie.bernardeusfoods.com Mailing Address: 300 Lawrence Drive Livermore, CA 94551 Contract: 06-13-89-15-U Miscellaneous Food Contract Contractor: US Foods (Livermore) Deaf Fremont Contract Manager: Mike Garcia - - - Telephone: (800) 682-1228 ext 455 - Facsimile: (925) 606-3514 E-Mail: - mike.aarcia0usf000ds com Mailing Address: 300 Lawrence Drive Livermore, CA 94551 Page 17 of 19 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contend (Mandatcry) 9-IMS-15 SuppOemont 9 Contract Notification and User Guide Contract: 05-13-89-15-U Miscellaneous Food Contract Contractor: US Foods (Livermore) Porterville Dev Ctr Contract Manager:_ Steve Hohkamp Telephone: ,.(800)682'128ext 442 Facsimile: (559) 271-8055 - E-Mail: steve.holtkamokDusfoods.com - - Mailing Address: 300 Lawrence Drive Livermore, CA94551 Contract:. 05-13-89-15-U Miscellaneous Food Contract Contractor:. .. US Foods (Corona) - CCI,CIM,. CIW, CRC, CSP LAC, Calapatria, Contract Manager: Karen Antonio Centinela, HG Stark, ISP, RJ Donovan, SCW, Telephone: (800) 88&3147 ext 8727 SYCRCC, Julius Klein. Oak Glen, OC Facsimile: '(951)582-8963 - OC Sherlff, Orangewood - E-Mail: Karen.antoniofrausfoods.com Mailing Address:. 1283 Sherborn. St. Ste 102 - - Corona, CA 92879 - Contract: 05-13-89-15-U Miscellaneous Food Contract - Contractor: '.US Foods (Corona).. Deaf RVSD, Canyon Springs, Metro State Contract Manager: .'Nam Truong Patton: State, Lanterman Dev Ctr, Telephone: (800) 888-3147_ext, 8456 Facsimile:- -.1(951)582-8963 - - E-Mail: .. .; nam.truonc(rDusfoodsrcom Mailing Address:; 1283 Sherbom St.. Ste:102 - - Corona, CA'92879 - - Contract: 05-13-89-15-U Miscellaneous Food: Contract Contractor: US Foods (Corona) ,', . ,Atascddero Contract Manager, Colleen Nix - - Telephone: .�"(805)407-97.64'. - Facsimile: c(951.)582=8963 - E-Mail: Colleeh:nix(aZusfoods.com.- - Mailing Address: i1283 Sherborn St. Ste 102 y °'..Corona; CA.92879 Contract: 05-13-89-15=U Miscellaneous Food: Contract - Contractor: 'US Foods (Corona) '.. Fairview ContFactManager: ` :Julie -Moyer. - - - - Telephone: ;(800) 888-3147 ext 8746 - Facsimile: ' (951) 582-89" E-Mail: - Julie. movaousfoods.com - Mailing.Address. 1283 Sherborn St. Ste 102 - -. Corona, CA 92879 - -�. Page 18 of 19 - STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DMSION Contract (Mandatory) 9:-9340_15'supo ®rnent 1 Contract Notification and User Guide Contract: 05-13-89-15-1J Miscellaneous Food Contract Contractor: US Foods (Los Angeles). - Ventura School Contract Manager: Jay Coons Telephone: (805) 450-8770 - Facsimile: (805)445-7536, E-Mail: iaV.'coons(cDusfoods.com Mailing Address: 15155 Northam StreetLa Mirada, CA 90638, Contract: ,t15-13-89-15-U Miscellaneous Food Contract' Contractor: US Foods (Los'Angeles) ': IN Kern, Wasco, CMC Contract Manager: -:Seamus Burns Telephone: '(865) 720-0626" _ Facsimile: (805) 473-2327 E-Mail: seamus.bums(&usfoods.com Mailing Address: 15155Northam Street - -. La Mirada, CA,90638 Page 19 of 19 Miscellaneous Food Contract ATTACHMENT NO. 2 USER MANUAL 10/4/2021 Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811 State of California CONTRACT NOTIFICATION ****NON - MANDATORY**** CONTRACT NUMBER: 1-17-89-15B Supplement 7 DESCRIPTION: Miscellaneous Food Contract CONTRACTOR(S): B - US Foods Inc. CONTRACT TERM: November 25, 2017 thru November 24, 2022 DISTRIBUTION LIST: Statewide Institutions STATE CONTRACT ADMINISTRATOR: Dave Henning 916-375-4544 dave.henning&a,dgs.ca.gov 1I— Ii Effective Date: October 4, 2021 Traci Fonseca, Food Acquisitions Manager Miscellaneous Food Contract USER MANUAL 10/4/2021 Contract Notification and User Guide Effective October 4, 2021 subject contract for Miscellaneous Food has been modified to reflect the following change: • This contract is hereby extended to November 24, 2022. Please replace existing Contact list with the attached US Foods Contact List All other terms and conditions remain the same. DocuSign Envelope ID: C9DD828A4F72-447C-A891 SBC11 F3FB616 STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev &03) ❑CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENTNUMBER 1-17-89-15B 7 I REGISTRATION NUMBER I 1. This Aareement is entered into between the State Aaencv and Contractor named below: STATE AGENCY'S NAME Department of General Services CONTRACTOR'S NAME U S Foods Inc. 2. The term of this November 25, 2017 through November 24, 2022 (1) No extensions remaining Agreement is 3. The maximum amount of this $0.00 (No guarantee of contract expenditure) Agreement after this amendment is: 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: This amendment includes all Terms and Conditions of IFB FAU17-89-15 & 6611 negotiation Revised Tables and all addenda and exhibits, as well as, all Technical and Business Requirements as signed by Representatives of US Foods Inc. and Department of General Services on 9/19/17 and 10/9/17, respectively. The Revised User Guide, dated 11/25/2017, and all supplements to the User Guide, are incorporated into the Agreement. The main purpose of this amendment is to extend the expiration date of the Miscellaneous Food Contract (1-1789- 15B) for the above named contractor to November24, 2022. All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CALIFORNIA Department of General Services CONTRACTOR'S NAME (/(other than an individual, state whether a corporation, partnership, etc.) Use Only U S Foods Inc. (Representing All US Foods Inc. California Dist. Ctrs. BY ( - ""tum) DATE SIGNED (Do not type) ,@!5 1 'rim �,I.vli 9/15/2021 PRINTD°P3`FTITLE OF PERSON SIGNING Tim Lewis Region President - West ADDRESS 2204 701h Ave East, Ste 100, Fife, WA 98424 STATE OF CALIFORNIA AGENCY NAME Department of General Services Procurement Division BY (Auth eTl St ) DATE SIGNED IGNED (Do not type) r- e5 .ES (7dIZ ❑ Exempt per: PRINTE15 NAME AND TITLE OF PERSON SIGNING Traci Fonseca, Food Acquisition Manager ADDRESS 707 Third Street, 2"1 Floor, West Sacramento, CA 95605-2811 - RFP 58009- - - TABLE OF CONTENTS- SECTION 8 — EXHIBITS AND FORMS 8 EXHIBIT 8.01 LETTER CF INTENT TO BID 1 Page EXHIBIT-8.02-- CONFIDENTIALITY STATEMENT" 1Page EXHIBIT 8.03 BIDDER DECLARATION FORM (GSPD-05-105) 2 Pages EXHIBIT 8.04 PAYEE DATA RECORD (Form STD204) 2 Pages EXHIBIT 8.05 - RETAILER'S SELLER'S. PERMIT 1.Page 'EXHIBIT 8.06 SECTION 4— RESPONSES TO,ADMINISTRATIVE 2Pages REQUIREMENTS- EXHIBIT 8.07 .SECTION 5 - RESPONES TO TECHNICAL - 4 Pages AND BUSINESS REQUIREMENTS EXHIBIT 8.08 COMPLETED CUSTOMER REFERENCE FORMS 2 Pages _ EXHIBIT 8.09 STANDARD AGREEMENT (STD 213) - 1 Page EXHIBIT 8.11 COMPLETE PRICING WORKSHEETS COST TABLE 1 - NON -CORE CATEGORY BASKET 1 Pages COSTTABLE 2—VOLUME DISCOUNT - 1 Page EXHIBIT8.10 - WOODEN PALLET SPECIFICATIQN NO. 3990-01A-01 3Pages - EXHIBIT 8.16 RECYCLE CODES 2 Pages EXHIBIT 8.17 CALIFORNIA DEPARTMENT OF CORRECTIONS - - 2 Pages. - AND REHABILITATION SPECIAL PROVISIONS - EXHIBIT 8.19 -STATE OF CALIFORNIA GLOSSARY - 5 Pages EXHIBIT 8.20 DELIVERY/SHIPPING ZIP CODES - 5 Pages EXHIBIT 8.9. NONCOLLUSION AFFIDAVIT '. 1 Page 6of6 Miscellaneous Food Contract US Foodservice Contacts Livermore: Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Mailing Address: Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Mailing Address: Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Mailing Address: Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Mailing Address: USER MANUAL 10/4/2021 05-13-89-15B Miscellaneous Food Contract Single Point of Contact US Foods Beth Zirzow (800) 682-1228 Ext 510 (925) 606-3591 beth.zirzow@usfoods.com 05-13-89-15B Miscellaneous Food Contract US Foods (Livermore) ASP, CMF, CSP Corcoran, CSATF, CHCF, Bill Cox CCWF, Coalinga, CTF, CSP Sacramento 510-332-1669 NCW, CCC, HDSP PBSP, PVSP, Preston, SVSP, bill.cox@usfoods.com SQSP, SCC, VSP, Camps, DVI, CSP Sol 300 Lawrence Drive Livermore. CA 94551 05-13-89-15B Miscellaneous Food Contract US Foods (Livermore) Deaf Fremont, Dept of Rehab OCB Jack Tom (415) 609-0780 jack.tom@usfoods.com 300 Lawrence Drive Livermore. CA 94551 05-13-89-15B Miscellaneous Food Contract US Foods (Livermore) Joe Johnson 559-681-7114 joe.johnson@usfoods.com 300 Lawrence Drive Livermore, CA 94551 Porterville Dev Ctr 05-13-89-15B Miscellaneous Food Contract US Foods (Livermore) Dana Hooper 916-343-9732 dana.hooper@usfoods.com 300 Lawrence Drive Livermore, CA 94551 CHP Academy, Napa State Hosp, RA McGee Miscellaneous Food Contract Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Mailing Address: Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Mailing Address: USER MANUAL 10/4/2021 05-13-89-15B Miscellaneous Food Contract US Foods (Livermore) MCSP, Pinegrove Youth Billy Haze (916)690-7082 billy.haze@usfoods.com 300 Lawrence Drive Livermore, CA 94551 05-13-89-15B Miscellaneous Food Contract US Foods (Livermore) NCYCC Alex Beltran 408-391-3728 alex.beltran@usfoods.com 300 Lawrence Drive Livermore, CA 94551 US Foodservice Contacts Corona, La Mirada: Contract: 05-13-89-15B Miscellaneous Food Contract Contractor: US Foods (Corona) CCI, CIM, CIW, CRC, CSP LAC, Calapatria, Contract Manager: Emily Hess Centinela, RJ Donovan, SCW, Telephone: (800) 888-3147 ext 8740 Oak Glen Facsimile: (951) 582-8963 E-Mail: Emily. Hess(a)usfoods.com Mailing Address: 1283 Sherborn St. Ste 102 Corona, CA 92879 Contract: 05-13-89-15B Miscellaneous Food Contract Contractor: US Foods (Corona) Deaf RVSD Contract Manager: Danielle Thomas Telephone: Facsimile: (951) 582-8963 E-Mail: Danielle.thomas@usfoods.com Mailing Address: 1283 Sherborn St. Ste 102 Corona, CA 92879 Contract: 05-13-89-15B Miscellaneous Food Contract Contractor: US Foods (Corona) Patton State Contract Manager: Alex Garcia Telephone: Office: 951.582.8783 1 Mobile: 909.292.8326 Facsimile: (951) 582-8963 E-Mail: Alex. Garcia(cDusfoods.com Mailing Address: 1283 Sherborn St. Ste 102 Corona, CA 92879 Miscellaneous Food Contract Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Mailing Address: 05-13-89-15B Miscellaneous Food Contract US Foods (Los Angeles) Sheila Lozano (714)670-3504 (480) 629-6620 Sheila.lozano@usfoods.com 15155 Northam Street La Mirada, CA 90638 USER MANUAL 10/4/2021 Atascadero, CMC, Kern Valley, Wasco Contract: 05-13-89-15B Miscellaneous Food Contract Contractor: US Foods (Corona) Fairview, Metro, Orangewood Contract Manager: Anne Sands Telephone: Office: 951.582.8777 1 Mobile: 949.322.5197 Facsimile: (951) 582-8963 E-Mail: anne.sands(@usfoods.com Mailing Address: 1283 Sherborn St. Ste 102 Corona, CA 92879 Contract: 05-13-89-15B Miscellaneous Food Contract Contractor: US Foods (Corona) Canyon Springs Contract Manager: Yolanda Martinez Telephone: (951) 205-0876 Facsimile: (951) 582-8963 E-Mail: Yolanda.martinez@usfoods.com Mailing Address: 1283 Sherborn St. Ste 102 Corona, CA 92879 Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Mailing Address: Contract: Contractor: Contract Manager: Telephone: Facsimile: E-Mail: Mailing Address: 05-13-89-15B Miscellaneous Food Contract US Foods (Los Angeles) Robert Howlett (805) 907-2802 robert.howlettO usfoods.com 15155 Northam Street La Mirada, CA 90638 Ventura Youth 05-13-89-15B Miscellaneous Food Contract US Foods (Los Angeles) Julius Klein Alan Meyer (562)631-8831 alan. mever<cilusfoods.com 15155 Northam Street La Mirada, CA 90638