Request for Proposal # 19PSX0057Apr 18, 2019 · Request for Proposal # 19PSX0057 Food products to support USDA Child Nutrition Programs for State Agencies the Wand arehousing and

RFP Document RFP-22 Rev. 10/31/18 Prev. Rev. 2/22/18 Page 1 OF 28

State of Connecticut

Request for Proposal #19PSX0057

Food products to support USDA Child Nutrition Programs for State Agencies and the Warehousing and Delivery of USDA donated foods to Recipient Agencies. Contract Specialist: Lynn Peccerillo-Hills

Date Issued: April 3, 2019

Due Date: May 1, 2019 at 2:00 pm Eastern Time

Department of Administrative Services Procurement Division

RFP DOCUMENT RFP-22 REV. Rev. 10/31/18 Prev. Rev. 2/22/18 PAGE 2 OF 28

TABLE OF CONTENTS

GUIDE TO ELECTRONIC PROPOSAL SUBMISSIONS _______________________________________ 3

OVERVIEW ______________________________________________________________________ 5

SCOPE OF SERVICES ___________________________________ ERROR! BOOKMARK NOT DEFINED.

INSTRUCTIONS TO PROPOSERS ______________________________________________________ 7

DESCRIPTION OF GOODS & SERVICES SPECIFICATIONS AND ADDITIONAL TERMS & CONDITIONS _ 8

PROPOSAL REQUIREMENTS ________________________________________________________ 25

SELECTION CRITERIA ______________________________________________________________ 26

SUBMITTAL REQUIREMENTS _______________________________________________________ 27

ATTACHMENTS

SAMPLE CONTRACT (INCLUDES EXHIBIT A, EXHIBIT C, EXHIBIT D (STANDARD WAGE)) _________ 28

PRICE SCHEDULE

SUBMITTAL REQUIREMENTS

SALES AND USAGE - JULY 1, 2018 THROUGH FEBRUARY 22, 2019

SCHEDULE 1 - DELIVERY SCHEDULE

FDP RA SALES -FOR SY17-18 AND SY18-19

FDP RA CURRENT DELIVERY SITES

FDP RA POTENTIAL DELIVERY SITES

FLOW OF ANNUAL ACTIVITIES FOR FOOD DISTRIBUTION PROGRAM IN CT

https://biznet.ct.gov/SCP_Documents/Bids/49559/Sales%20and%20Usage%20-%20July%201,%202018%20through%20February%2022,%202019.XLSXfile://exec.ds.state.ct.us/das/SharedAll2/Users/PeccerilloL/My%20Solicitations/19PSX0057%20K-12%20(USDA%20Warehousing)%2010.31.2019/RFP/Schedule%201%20-%20Delivery%20Schedule.XLSXfile://exec.ds.state.ct.us/das/SharedAll2/Users/PeccerilloL/My%20Solicitations/19PSX0057%20K-12%20(USDA%20Warehousing)%2010.31.2019/RFP/FDP%20RA%20Sales%20-for%20SY17-18%20and%20SY18-19.xlsfile://exec.ds.state.ct.us/das/SharedAll2/Users/PeccerilloL/My%20Solicitations/19PSX0057%20K-12%20(USDA%20Warehousing)%2010.31.2019/RFP/FDP%20RA%20Current%20Delivery%20Sites.xlsfile://exec.ds.state.ct.us/das/SharedAll2/Users/PeccerilloL/My%20Solicitations/19PSX0057%20K-12%20(USDA%20Warehousing)%2010.31.2019/RFP/FDP%20RA%20Potential%20Delivery%20Sites.xlsfile://exec.ds.state.ct.us/das/SharedAll2/Users/PeccerilloL/My%20Solicitations/19PSX0057%20K-12%20(USDA%20Warehousing)%2010.31.2019/RFP/Flow%20of%20annual%20Activities%20for%20Food%20Distribution%20Program%20in%20CT.docx


Guide to Electronic Proposal Submissions

1. Introduction To BizNet It is now a requirement of Department of Administrative Services (DAS)/Procurement Division that all Companies create a Business Network (BizNet) Account and add their company profiles to the State of Connecticut BizNet system. Companies are responsible for maintaining and updating company information in their BizNet Accounts as updates occur. Companies that have been certified through the Supplier Diversity or the Pre-Qualification Program have already created a BizNet account.

The BizNet login is: https://www.biznet.ct.gov/AccountMaint/Login.aspx

New Companies: Create an account by clicking the BizNet login link above and then the button on the right labeled “Create New Account”. Login and select Doing Business with the State and Company Information. Please be sure to complete information in all tabs (Company Information, Accounts, Address, etc.).

Existing Companies Needing to Update Their Information: Login to BizNet and select Doing Business with the State and Company Information.

Anyone having difficulty connecting to their account or downloading or uploading forms should call DAS/Procurement Division at 860-713-5095.

2. Business Friendly Legislation As a result of Public Act 11-229, DAS/Procurement Division’s goal is to make doing business with the State of Connecticut more business friendly. To eliminate redundancy, forms that were repetitively filled out with each request for proposal are being automated in BizNet.

DAS/Procurement Division began the transition to on-line bidding by automating the submission of Affidavits and Non-Discrimination forms on October 1, 2011. Companies must submit forms electronically to their BizNet account if they haven’t already done so. These forms must be updated on an annual basis, no later than 30 days after the effective date of any material change. Rather than completing them with each proposal submittal, companies that have already filed these forms have the ability to view, verify and update their information prior to submitting a proposal response.

Instructions for Uploading Affidavits and Non-Discrimination Forms:

Click on the following link for instructions on how to upload Affidavits and Non-Discrimination forms:

http://das.ct.gov/images/1090/Upload%20Instructions.pdf

(a) AFFIDAVITS

THE FOLLOWING FORMS MUST BE SIGNED, DATED, NOTARIZED, UPLOADED OR UPDATED ON BIZNET. TO OBTAIN A COPY OF THESE FORMS, YOU MUST LOGIN INTO BIZNET AND FOLLOW THE INSTRUCTIONS LISTED ABOVE.

(1) OPM Ethics Form 1 – Gift & Campaign Contribution Certification

(2) OPM Ethics Form 5 – Consulting Agreement Affidavit

(3) OPM Ethics Form 6 – Affirmation of Receipt of State Ethics Laws Summary

(4) OPM Ethics Form 7 – Iran Certification

For information regarding these forms, please access the Office of Policy & Management’s website by clicking on the following link: http://www.ct.gov/opm/cwp/view.asp?a=2982&q=386038

https://www.biznet.ct.gov/AccountMaint/Login.aspxhttp://das.ct.gov/images/1090/Upload%20Instructions.pdfhttp://www.ct.gov/opm/cwp/view.asp?a=2982&q=386038


(b) NON-DISCRIMINATION –

CHOOSE ONE (1) FORM THAT APPLIES TO YOUR BUSINESS. COMPLETE AND UPLOAD OR UPDATE ON BIZNET ANNUALLY. TO OBTAIN A COPY OF THESE FORMS, YOU MUST LOGIN INTO BIZNET AND FOLLOW THE INSTRUCTIONS LISTED ABOVE.

(1) Form A – Representation by Individual (Regardless of Value)

(2) Form B – Representation by Entity (Valued at $50,000 or less)

(3) Form C – Affidavit by Entity (RECOMMENDED) (Valued at $50,000 or more)

(4) Form D – New Resolution by Entity

(5) Form E – Prior Resolution by Entity

For information regarding these forms and on which form your company should complete, please access the Office of Policy & Management’s website by clicking following link: http://www.ct.gov/opm/cwp/view.asp?a=2982&q=390928&opmNav_GID=1806

3. Online Proposal Responses Any proposal posted by DAS/Procurement Division must be submitted electronically. The common forms listed below have also been automated in the BizNet system. In addition, specific forms are now fillable, as noted below. To complete forms; download them from your BizNet account, complete your submittal response, and then upload these completed documents (as well as any other required submittal documents) through BizNet prior to date and time upon which the Proposal is due pursuant to the RFP. Late submissions will not be accepted. All proposals response submitted must be e-signed. Proposals that are not e-signed are not received by DAS/Procurement and cannot be viewed or considered. If any required documents have not been uploaded, the system will not allow you to e-sign. After successful e-signature, Proposers will get a confirmation that their proposal has been successfully submitted. If you do not receive this electronic confirmation, please contact DAS/Procurement at 860-713-5095. Proposals are not publicly opened and are not available for viewing until after the Contract has been awarded.

• Contractor Information/Electronic Signature Page – Web Based fillable Form

• Employment Information Form (DAS-45) – Web Based fillable Form

• Statement of Qualifications (DAS-14) – PDF Fillable Form

• Connecticut Economic Impact Form (DAS-46) – Web Based fillable Form

• Contract Exhibit B – Price Schedule (RFP-16)

• RFP Addendum (RFP-18) – if applicable

Additional forms such as those listed below must be reviewed carefully and accepted by the proposer prior to proposal submittal:

• Standard Terms and Conditions (RFP-19)

• Request for Proposal Document (RFP-22)

• Request for Proposal Contract (RFP-50)

• Contract Exhibit A – Description of Goods & Services and Additional Terms & Conditions

• Contract Exhibit C – SEEC Form 11

4. Insurance Accord Certificates

http://www.ct.gov/opm/cwp/view.asp?a=2982&q=390928&opmNav_GID=1806


Contractors are responsible for maintaining their BizNet accounts with new and/or updated insurance information.

The following documentation will need to be uploaded to each company’s BizNet account and evidencing that the State is an additional insured:

(a) Certificate of Insurance (Accord Form)

(b) The insurance policy declaration page

(c) The additional insured endorsement to the policy

Training documentation relating to the completion of the above-reference forms is available through the DAS Website under “DAS Business Friendly Initiatives” at the following website: http://portal.ct.gov/DAS/Search-Results?SearchKeyword=insurance instructions

Proposers are cautioned that there may be additional documents, attachments or requirements depending on the complexity of the RFP. Please read ALL RFP documents carefully and provide all required information. Failure to do so may result in rejection of your proposal.

Overview/Scope

The State of Connecticut Department of Administrative Services (DAS) is issuing this Request for Proposal (RFP) to solicit proposals to:

1. Supply and deliver a full range of food and fresh produce that comply with the current regulations outlined in the United States Department of Agriculture (USDA) and State of Connecticut Child Nutrition Programs to State Agency locations that participate in these programs (herein the “Client Agency”).

Provide Net off Invoice, Rebate and Fee for Service pass through value methods to State Agency locations listed in Schedule 1 for USDA further processed food products.

2. Warehouse and deliver USDA donated foods (direct delivery) for approved Recipient Agencies of the Connecticut Department of Education (CSDE), USDA Food Distribution Program.

The length of the contract resulting from the RFP (the “Contract”) will be for a two year period (with the opportunity for a two year extension).

This Contract replaces the following contract award(s) in part: 09PSX0330. The following is a link to the current contract: https://biznet.ct.gov/SCP_Search/ContractDetail.aspx?ID=8802

1. State Agency locations Child Nutrition Programs

The USDA school nutrition programs are administered through the Connecticut State Department of Education (CSDE). Eligible institutions enter into written agreements with the CSDE to operate local programs that provide for the nutritional needs of those in their care.

Currently, the State Agency locations listed in Schedule 1 participate in these programs (herein referred to as the Client Agency).

Additional information regarding these programs is available at: https://portal.ct.gov/SDE/Nutrition/School-Nutrition-Programs

The State of Connecticut is committed to complying with the current regulations outlined in these programs, therefore, DAS is seeking proposal from qualified distribution companies to provide a full range of food products and USDA further processed foods that comply with the current regulations outlined in these programs.

http://portal.ct.gov/DAS/Search-Results?SearchKeyword=insurance%20instructionshttp://portal.ct.gov/DAS/Search-Results?SearchKeyword=insurance%20instructionshttps://biznet.ct.gov/SCP_Search/ContractDetail.aspx?ID=8802https://portal.ct.gov/SDE/Nutrition/School-Nutrition-Programshttps://portal.ct.gov/SDE/Nutrition/School-Nutrition-Programs


The following documents are available for informational purposes:

1. Past sales and usage report, there is no firm guarantee that the Client Agency will continue to require the same volume of food in the future, however, it is expected that the volume of purchases should remain consistent:

2. List of current State Agency locations that participate in the Child Nutrition Programs. The State reserves the right

to add or delete locations as necessary.

2. USDA Donated Food Distribution Program

The USDA FDP provides for the warehousing and distribution of USDA donated foods (herein referred to as USDA Foods) to certain organizations, primarily public schools, herein referred to as the Recipient Agency (RA).

Connecticut Department of Education, Food Distribution Program (FDP) (herein the Client Agency) is the state distributing agency responsible for the administration, operation and distribution of USDA Foods to eligible RAs in Connecticut.

The Code of Federal Regulations (CFR) CFR 250.13, requires the Client Agency to ensure that the distribution of USDA Foods is conducted in the most efficient and cost effective manner.

The Client Agency is also one of the state agencies that may provide food during state and federally declared disasters. Disaster is defined as a Presidentially declared disaster or emergency, in accordance with Section 412 or 413 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179-5180), in which Federal assistance, including donated food assistance, may be provided to persons in need of such assistance as a result of the disaster or emergency. The selected proposed may be asked to store and distribute additional USDA food in the event of a disaster.

The Client Agency utilizes the USDA’s Web Based Supply Chain Management System (WBSCM) for management of the program. WBSCM allows the RA to view the availability of USDA Foods products available, place orders, check order status, and track shipments online.

The Client Agency utilizes the Colyar Technology Solutions web based FDP module (herein defined as “the Module”) for management of USDA Foods orders. The Module allows the Client Agency to manage inbound shipments of USDA Foods, monitor inventory levels and RA activity.

Using WBSCM, the RA is required to forecast their USDA Foods usage for an entire school year. The majority of their orders will be placed annually in March and April for the following school year. Additional USDA Foods may be ordered occasionally throughout the year.

Using WBSCM, the RA may order USDA Foods for delivery to the proposer’s warehouse.

This Contract does not include RA (except for State Agencies referred to as the Client Agency) USDA further processed food products.

The following documents are available on the DAS portal for informational purposes:

1. Sales to FDP RA: “FDP RA Sales -for SY17-18 and SY18-19”

2. A list of current FDP Recipient Agency delivery sites: “FDP RA Current Delivery Sites”


3. A list of potential FDP Recipient Agency (RA) delivery sites: “FDP RA Potential Delivery Sites”

4. Flow of annual activities for FDP Program: “Flow of annual Activities for Food Distribution Program in CT”

Delivery Volume: Frequency and volume of incoming shipments of USDA Foods may vary from one month to another. Usually, the greatest number of deliveries are made from October 1st to March 31st.

Types of USDA Foods products: The Contractor shall warehouse and distribute dry, refrigerated and frozen USDA Foods (items as defined below):

Dry Storage Areas: Canned fruits, vegetables, and tuna are examples of the USDA donated foods requiring dry storage.

Refrigerated Storage Areas: Cheese is an example of the USDA donated foods requiring refrigerated storage areas.

Frozen Storage Areas: Frozen meats, poultry and vegetables are examples of the USDA donated foods requiring frozen storage.

Anticipated Annual Volumes: It is anticipated that approximately 137,000 cases of USDA donated foods will be ordered for distribution to schools and institutions during the 2019-2020 school year. It is further anticipated that this volume will be divided as follows:

Dry Groceries: 41,000 cases

Frozen Foods : 64,000 cases

Refrigerated Foods: 32,000 cases

Total: 137,000 cases

These volumes are an estimated quantity based on School Year 2018-19 actual ordering data. This quantity could change. The timing of and the number of USDA donated foods shipments are contingent upon market conditions and the USDA’s ability to purchase products.

Annually, by June 30 of each year, the Client Agency will provide the Contractor with a list of expected deliveries for the following school year. This list is contingent upon market conditions and the USDA’s ability to purchase products.

This list will include the following information: Material Code; Material Description; Requested Delivery Date; Requested Quantity; Sales Order Number; Sales Order Item Number

Delivery time frames: The distribution of USDA donated foods to RA s is scheduled during the school calendar year. RAs are those public and private entities which have entered into a written agreement with the Client Agency for the receipt of USDA donated food.

Instructions to Proposers

1. Proposal Schedule

RELEASE OF RFP: Date: April 3, 2019

RECEIPT OF QUESTIONS: Date: April 16, 2019, by noon Eastern Time

ANSWERS TO QUESTIONS POSTED AS ADDENDUM: Date: April 18, 2019

RFP DUE DATE: Date: May 1, 2019 at 2:00 pm Eastern Time

2. Pre-Proposal Meeting Requirements This RFP contains no pre-proposal meeting requirements.

3. Questions


Questions for the purpose of clarifying this RFP must be received no later than the date and time specified in Section 1, “Proposal Schedule” and must be directed to the Contract Specialist, Lynn Peccerillo-Hills via email: [email protected].

4. Communications During the period from your organization’s receipt of this Request for Proposal, and until a contract is awarded, your organization shall not contact any employee of the State of Connecticut concerning this procurement except in writing directed to the Contract Specialist, Lynn Peccerillo-Hills via email: [email protected].

5. Solicitation Submission Solicitations shall be submitted online by the RFP due date and time only. Proposers shall upload their solicitation submission to their BizNet Account.

Description of Goods & Services Specifications and Additional Terms & Conditions

A. DESCRIPTION OF GOODS AND SERVICES

1. Specifications: This Contract includes all costs associated for the completion of the requirements outlined throughout the Contract, including but not limited to labor, materials, tools, equipment, storage, processing, transportation, delivery and fuel costs. Contractor shall:

a. Supply and deliver a full range of food , fresh produce products that comply with the current regulations outlined in the United States Department of Agriculture (USDA) and State of Connecticut Child Nutrition Programs to State Agency locations that participate in these programs (herein the “Client Agency”).

b. Provide Net off Invoice, Rebate and Fee for Service pass through value methods to State Agency locations for USDA further processed food products.

c. Warehouse and deliver USDA donated foods (direct delivery) for approved Recipient Agencies of the Connecticut Department of Education (CSDE), USDA Food Distribution Program (herein the “Client Agency”).

d. The Contractor shall adhere to all Federal, State, and local laws and regulations governing USDA donated foods distribution.

e. Be in compliance with the Federal Register for Nutrition Standards in the USDA National School Lunch and Breakfast Programs (77 FR 4088) as amended.

f. Be in compliance with the requirements of (1) USDA/FNS Instructions 709-5, regarding the shipment and receipt of further processed foods (see links below): http://www.fns.usda.gov/sites/default/files/709-5_ShipmentsReceipts.pdf and (2) Title 7 Code of Federal Regulations, 7 CFR Part 250: https://www.ecfr.gov/cgi-bin/text-idx?SID=957769982f345494bbcfc49361e0d383&mc=true&node=pt7.4.250&rgn=div5

2. Products: Contractor shall deliver products that are fresh, high in quality and are in compliance with all USDA, US Food and Drug Administration (FDA), Hazard Analysis and Critical Control Point (HACCP), State and local food codes, regulations and guidelines in food in handling practices during all stages of manufacturing, processing, distribution and storage.

3. Nutritional Information and Labeling: Product information must be clearly identified on packaging. The Contractor shall provide the nutritional data ingredient list, nutritional analysis, product formulation statements, Child Nutrition (CN) labels and allergen information upon request by the Client Agency. The Contractor shall have twenty-four (24) hours from the date requested by the Client Agency in which to provide requested documentation. If this information is available in electronic format or via website, the Contractor shall email information electronically to the Client Agency.

http://www.fns.usda.gov/sites/default/files/709-5_ShipmentsReceipts.pdfhttp://www.fns.usda.gov/sites/default/files/709-5_ShipmentsReceipts.pdfhttps://www.ecfr.gov/cgi-bin/text-idx?SID=957769982f345494bbcfc49361e0d383&mc=true&node=pt7.4.250&rgn=div5https://www.ecfr.gov/cgi-bin/text-idx?SID=957769982f345494bbcfc49361e0d383&mc=true&node=pt7.4.250&rgn=div5


Due to increased incidence of food allergies, Contractor may be asked to participate in developing a notification of ingredient changes program during the term of the Contract. All products delivered must contain the “best if used by date”.

4. Buy American: Contractor shall provide products that comply with the Buy American Provision under 7 CFR § 210.21(d)(2) and 7 CFR § 250, as amended. This provision requires the Client Agency to purchase, to the maximum extent practicable, domestic commodities or products which are either agricultural commodity produced in the US or food product processed in the US substantially using agricultural commodities produced in the US for use in meals serviced in the Client Agency’s Child Nutrition Program.

The Contractor shall notify the Client Agency of products that do not meet this provision. The Client Agency may then issue written approval of such product purchases on a case-by-case basis.

5. Geographic Preference: The Contractor shall commit to the procurement of Connecticut grown products in accordance with Connecticut General Statute (CGS) 4a-51 (b) and CGS 22-26e as amended. The Contractor shall work with the Client Agency to procure these products.

6. Farm to School Program: In accordance with CGS Chapter 423, Sec. 22-38d, as amended, Farm to School program, the Contractor shall work with the Client Agency to procure these products to support this program.

7. Products with Recycled Content: Contractor shall comply with guidelines surrounding recycled content. These guidelines are located at the following website addresses, as modified from time to time: http://www.ct.gov/deep/cwp/view.asp?a=2714&q=324892&depNav_GID=1645 and http://portal.ct.gov/DAS/Procurement/Contracting/DAS-Procurement-Environmentally-Preferable-Purchasing-EPP-Program-Information

The Contractor shall provide a plan for the accommodation for the return of beverage containers with deposits and to provide credit and appropriate accounting to each Client Agency. The following link will assist in any questions regarding the CT Bottle Bill: https://www.ct.gov/deep/cwp/view.asp?a=2714&q=324838&deepNav_GID=1645. In addition, Contractor shall offer alternative product containers for beverages.

8. Partnering Efforts with DAS Supplier Diversity program: Contractor shall assist the DAS Supplier Diversity program and Client Agency in identifying Small Business Enterprise (SBE) and Minority Business Enterprise (MBE) vendors (collectively known as SBE/MBE vendors) products. Contractor shall work with the Client Agency to procure these products to support this program.

9. Ordering System: Contractor shall have an internet based ordering system that the Client Agency can access during normal working hours of operation, Monday through Friday between the hours of 7:00 am through 6:00 pm. The Internet ordering system must be capable of electronic order approval process and must have e-mail based notification functionality to agency approvers. The internet ordering system must contain a field where the Client Agency can enter their PeopleSoft/Oracle purchase order number. This number contains a 5-character business unit designation followed by a 10-digit purchase order number.

During the term of the Contract, the Contractor shall arrange and coordinate training and instruction to Client Agency staff on how to use the Contractor’s ordering system. All expenses for the training shall be borne by the Contractor.

10. Delivery: Contractor shall deliver to Client Agency locations (which shall include multiple drop points within a location) throughout the State.

a. Contractor shall provide delivery in accordance with Schedule 1 – Delivery Schedule 1. Deviations from this schedule must be approved by the Client Agency authorized representative. The State reserves the right to add locations as necessary.

http://www.ct.gov/deep/cwp/view.asp?a=2714&q=324892&depNav_GID=1645http://portal.ct.gov/DAS/Procurement/Contracting/DAS-Procurement-Environmentally-Preferable-Purchasing-EPP-Program-Informationhttp://portal.ct.gov/DAS/Procurement/Contracting/DAS-Procurement-Environmentally-Preferable-Purchasing-EPP-Program-Informationhttps://www.ct.gov/deep/cwp/view.asp?a=2714&q=324838&deepNav_GID=1645


b. Delivery schedules for locations not specified must be made in accordance with the schedule agreed upon between the Contractor and Client Agency. Deliveries must be between the hours of 6:30 am and 2:00 pm, Monday through Friday, except on holidays or at other times when the Client Agency is closed, including but not limited to inclement weather. The Contractor shall make good faith efforts to make on-time deliveries.

c. Contractor shall deliver ordered products within twenty four (24) to forty eight (48) hours of order placement by using facility.

d. Client Agency can add or remove products from a scheduled delivery if the Client Agency communicates the change to the Contractor within one (1) working day prior to the scheduled delivery date.

e. Contractor shall have a 98% or better fill rate.

f. Contractor shall deliver and off load all products to locations specified by the Client Agency. Specific location(s) include dock or areas inside of the facility such as a storeroom and food preparation area.

g. All deliveries including but not limited to shortage(s), breakage and incorrect items must be delivered to their original delivery location.

h. Products must be delivered in a refrigerated truck. All products must be maintained and delivered in accordance with HAACP, local and State health department regulations and FDA guidelines. The Contractor shall deliver all products in first-class condition at the point of delivery, and in accordance with good commercial practice.

i. The containers holding the products must be clean at all times.

j. All products must be labeled and packaged adequately to assure safe handling and proper delivery.

k. The Contractor must ensure that there will be no metal bands or other banned safety-related rods or weapon-like materials on the crates, dolly or other transport devices. Contractor shall provide all delivery equipment.

l. All products must be packaged in containers that are free from tears or objectionable odors. Containers must not show signs of being crushed or of any other abuse. They must be well sealed and completely and clearly identified using imprinted identification. The finding of any evidence of deterioration due to mishandling, freezing, or elevated heat or from lack of controls during storage, distribution, transport, delivery or holding resulting in cross contamination including contamination from non-processed products during storage, distribution or transport and delivery will be sufficient cause for the refusal by the Client Agency requiring the Contractor to “make whole” their order.

m. Contractor shall notify each Client Agency of any holiday changes or lengthy closures in writing at least two (2) weeks prior to the holiday or closure. If the Contractor requests the Client Agency to “double up” on their purchase order in anticipation of an intermittent delivery schedule due to a holiday or closing the Contractor’s shall credit the Client Agency for expired product(s) when the estimated need exceeds the actual Client Agency usage.

11. Delivery Ticket: Contractor shall provide a delivery ticket to the Client Agency upon delivery of products. All delivery tickets must be reviewed and signed by the Client Agency authorized representative. Delivery ticket must include date of delivery, location of delivery, itemized by product description, product number, quantity delivered, identify substitute or out of stock products and unit pricing.

12. Invoice: All invoices must be itemized and include the Client Agency purchase order number, date of delivery, location of delivery, itemized by product description, product number, quantity delivered, identify products that were substitutions and unit pricing. All invoices must be accompanied by a legible copy of the signed Contractor’s delivery ticket.


All invoices with USDA further processed foods must include the unit price and the value of the USDA donated foods contained in the product on a separate line. The value of the USDA donated food must be deducted from the case pack price to equal the NOI price to be charged to the Client Agency.

13. Out of Stock (Substitutions): Contractor shall not substitute any product listed in the Core Product List in Exhibit B: Price Schedule without prior approval by the ordering Client Agency. A one-time approved substitute product does not automatically become identified as an acceptable substitution for future out of stock situations. Each time a substitute product needs to replace an out of stock item, the Contractor’s Account Representative shall get authorization from the ordering Client Agency (at least twenty four (24) to twenty eight (48) hours prior to delivery) prior to making the substitution. The substitute product must be equivalent in quality and billed at the contracted price. In the event the one-time substituted item costs less than the original ordered product, the Client Agency will be charged at the lower price. Any one-time approved substitute product must be identified on the corresponding delivery ticket and invoice as “substitute.”

If a suitable substitute cannot be provided by the Contractor, the Client Agency may source the product off-contract. The Client Agency reserves the right to procure the product(s) from other sources and in accordance with Section 13 Open Market Purchases of the Contract and hold the Contractor responsible for any excess cost occasioned thereby. Contractor shall provide credit for any price differences immediately after receiving a copy of the invoice of the purchase of product(s) from other contractors from Client Agency.

14. Discontinued Products: The Contractor shall notify the Client Agency and DAS of any products listed on the Core Product list in Exhibit B: Price Schedule, which a manufacturer has discontinued. The Contractor shall provide written notification to DAS and the Client agency of the discontinued product and include the following:

a. A formal announcement from the manufacturer that the product has been discontinued.

b. Documentation from the manufacturer that names the replacement product.

c. Documentation confirming that the price for the replacement is the same as or less than the discontinued product.

Contractor shall work with the Client Agency and DAS to identify and implement alternative product that maintain or reduce costs associated with the replacement product. The Contractor shall provide samples of the replacement product to the Client Agency. Contractor shall purchase brand items that meet the specific needs of the Client Agency. In addition, the Client Agency may require split packaging.

15. Recalls: Contractor shall have the ability to track all products ordered and delivered. The Contractor shall have a product recall program that provides for immediate notification to a Client Agency which has received the recalled product(s). The Contractor shall pick up and replace all products that are subject to recall, and insure that all manufacturers and suppliers to the Contractor have the same requirements in place.

The Client Agency shall not be responsible for the pickup and replacement cost of any recalled product. Subsequent credits must be applied, as applicable. A final report must be made to all Client Agency central offices stating number of cases shipped, locations and number of returns.

In the event that there is a recall of USDA Foods Program food product, the Contractor shall follow all USDA Food Programs recall procedures and shall assist the Client Agency and the DAS throughout the recall process.

16. Discrepancies: The Contractor shall resolve all discrepancies not specifically described in these specifications (including but not limited to shortages, overages, breakage, incorrect items) within five (5) business days from notification. If the discrepancies cannot be resolved in that time, then the Contractor shall take all steps which DAS or Client Agency deems necessary or appropriate, to resolve the discrepancies.


17. Returns: The Contractor shall provide credit and/or replacement of products that are spoiled, outdated, damaged or defective, and products ordered or shipped in error. All products must be picked up by the Contractor after Client Agency notification and replaced with the specified products. Perishables, fresh produce meat, poultry, seafood, and dairy items must be replaced within 24 hours.

The Contractor shall provide credit and/or replacement of products ordered in error by the Client Agency at no expense to the Client Agency. Products must be returned for credit within 48 hours from receipt. The Client Agency can return the product through the Contractor’s delivery route personnel. Products that are returned must be in re-sellable condition (original container, unused).

The Contractor shall immediately process credits to the Client Agency account and include all credits to each invoice.

18. Account Representative: Contractor shall designate one (1) individual that shall be dedicated as the primary contact person “Account Representative” to ensure strict adherence to the contractual requirements and communication with the Client Agency. The Account Representative shall be responsible for the day-to-day operations and all problem solving related to this Contract. The Account Representative shall respond to Client Agency calls or emails within twenty-four (24) hours of initial contact. In addition, the Contractor shall provide the name of one (1) backup individual who shall assume the responsibilities of the Account Representative in his/her absence.

19. Customer Service Support: Contractor shall provide customer service support to handle questions or problems that may arise when the Account Representative and/or backup is not available. Customer service support must have access to information to provide immediate response to inquiries concerning the status of regularly scheduled food delivery, emergency service requests, Contract pricing, Contract services or exclusions, Contract compliance requirements, and general service information. Customer service support shall be available Monday through Friday from 7:00 AM to 3:00 PM EST, by telephone (Connecticut or toll free (800) number preferred) or email.

20. Advisory Group: DAS administers Advisory Group (“Group”) meetings that consists of key end users of the Contract. The Contractor’s Account Representative shall attend these meetings to:

a. Discuss topics including but not limited to: new products, standards and current industry trends;

b. Assist with contract administration, provide reporting for savings opportunities, dispute resolution, coordinate presentations by food brokers and manufacturers, coordinate business reviews and establish actions plans to correct and monitor results;

c. Recommend product offerings to bring the latest ideas and culinary trends to the Group;

d. Suggest product offerings and special programs designed to meet the needs of the Group; and

e. Suggest process and productivity improvements and value engineering programs.

21. Quality Assurance Program: Throughout the term of the Contract, the Contractor shall continuously monitor the quality of the products offered and services rendered. The Contractor shall provide for a self-inspection system that monitors daily operations and identifies and corrects any deficiencies that may occur in the quality of the products and services furnished under this Contract. The plan must include service and reporting commitments, together with specific suggestions regarding communication, planning and performance review.

22. Quality Control Program and Food Safety Plan: The Contractor shall have the following quality control and food safety programs listed below and shall provide all documentation that substantiates their claim for compliance to DAS. All documentation must be made readily available from any and all of the Contractor’s suppliers of purchased products.

a. The Contractor’s quality control plan shall contain information on “critical” and “non-critical” practices and scenarios which must comply with the USDA, State and local regulations related to dairy products. Additional information is available on the following website address, as it may be modified from time to


time: http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htm

b. The Contractor’s written quality control plan must ensure that all products are handled in a manner that complies with the USDA, FDA, HACCP, regulatory requirements as well as all local, State and Federal regulations concerning food safety. The following website address, as modified from time to time, provides information regarding HACCP: http://www.fda.gov/Food/GuidanceRegulation/HACCP/

c. The Contractor must demonstrate and have a HACCP Program in place and must be able to document that their facilities have passed a recognizable audit by the Contractor’s internal management/food safety committee. The following website address, as modified from time to time, provides additional information: http://www.fda.gov/food/guidanceregulation/haccp/ucm2006801.htm

d. Contractor shall verify that all of their suppliers and manufacturers have verifiable HACCP and food safety programs in place at their facilities, and provide evidence of such verification upon the Client Agency’s request.

23. Standards for Storage and Warehouse Facilities: Contractor shall be a licensed and/or registered public warehouse or commercial facility providing warehouse services.

All Contractor facilities will be subject to inspection by local, State and Federal agencies.

Contractor shall provide facilities for the safe and sanitary storage and handling, processing, warehousing, storage and distribution of food products which:

a. Are in compliance with all local, State and Federal regulations concerning food.

b. Maintain throughout the term of the Contract a Contractor-operated warehouse(s) that can provide for the delivery and storage of all items covered by this Contract.

c. Are sanitary and free from rodent, bird, insect and other animal infestations.

d. Safeguard against theft, spillage and other loss.

e. Maintain proper storage temperatures for all food items as per Hazard Analysis Critical Control Points (“HAACP”).

f. Store food off the floor in a manner to allow for adequate ventilation.

g. Take other protective measures as may be necessary.

The State reserves the right to inspect the Contractor’s facility at any time, without notice, during the Contract term.

24. Sanitation: Contractor shall participate in a sanitation program and must provide a copy of its most recent health inspection certificate upon request. Federal, state and local health regulatory agencies may routinely inspect Contractor facilities.

25. Pest Control: Contractor and their subcontractors shall have an integrated pest management (IPM) program in place that is consistent with the requirements of Connecticut General Statutes Section 22a-66l and the Regulations of Connecticut State Agencies Section 21a-101-5(h). IMP programs must remain in place and will be subject to periodic review throughout the term of this Contract.

26. Emergency Plan: The Contractor shall have an emergency backup plan in place in the event of power outages, work stoppages, computer failures, shortages, or any other emergency situation. The Contractor’s emergency plan must comply with the Department of Homeland Security guidelines as amended. Additional information available as follows: http://www.ct.gov/demhs/cwp/view.asp?a=4490&q=553258&demhsNav=|42956| and http://www.fema.gov/

http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htmhttp://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htmhttp://www.fda.gov/Food/GuidanceRegulation/HACCP/http://www.fda.gov/food/guidanceregulation/haccp/ucm2006801.htmhttp://www.ct.gov/demhs/cwp/view.asp?a=4490&q=553258&demhsNav=|42956|http://www.fema.gov/


27. Civil Preparedness Emergency: In the event of serious disaster, terrorist attack, sabotage or other hostile action or in the event of the imminence thereof, the Governor may proclaim that a state of civil preparedness emergency exists, in which event s/he may personally take direct operational control of any or all parts of the civil preparedness forces and functions in the State. The following website address, as modified from time to time, provides additional information:

http://www.ct.gov/demhs/cwp/view.asp?a=4490&q=553258&demhsNav=|42956|

28. Emergency Contact(s): Contractor shall provide emergency telephone numbers and contact personnel that are available 24 hours, 7 days per week, including holidays for emergency related issues. This contact shall be able to make authoritative decisions on behalf of the Contractor on an immediate basis and shall not be a generally used call center. Contractor shall provide this information prior to the Contract award and provide updated information as changes occur. The Contractor shall notify the DAS and Client Agency of any changes to this list within 72 hours of such change.

29. Tax Exempt: All products and services covered by this Contract are exempt from all Federal and State taxes. Such taxes must not be included in prices quoted, nor added to any invoice associated with a purchase made under the Contract.

30. Catch Weights: Total pricing will be determined by the cost of each product per pound multiplied by the total weight of the product to be delivered. During the term of the Contract, catch weight products including but not limited to pork chops, roasts and ground beef will be priced on the per pound basis as provided in the CORE Product tab of Exhibit B - Price Schedule.

31. Pricing: Pricing is inclusive of all costs, including but not limited to storage, processing, transportation and/or delivery charges fully prepaid by the Contractor, Freight on Board (F.O.B.) destination (no fuel surcharge) to the Client Agency facility. The Contractor shall not charge for minimum orders. Contractor shall not impose any additional service fees to the Client Agency.

In the event of a reduction in the manufacturer's published standard price list for all or any portion of the products, the Client Agency will be given full benefit of such decline in price immediately, including any promotional allowances offered to the balance of the trade during the term of the Contract.

32. Core Product List: The Core Product tab of Exhibit B: Price Schedule is the Client Agency’s most commonly purchased products but is not a complete list of products purchased, nor does it guarantee future purchase of these products. The Client Agency reserves the right to add or remove products from the Core Products tab based upon usage.

33. Fresh Produce: The prices listed the Fresh Produce tab of the Exhibit B: Price Schedule are fixed mark-up per case. The fixed mark-up covers the Contractor’s warehousing, financing, packaging, delivery costs (including all labor and transportation cost for delivery), sales and a profit. Contractor’s cost is defined as the prices Contractor paid to their supplier for the product and freight as shown on the last invoice received by the Contractor excluding any additional charges.

The fixed mark-up per case must remain firm for the duration of the contract.

34. Non-Core Products: Prices listed in Exhibit B: Line item 2 is defined as those additional products available from the Contractor not listed as part of the Core Product tab of the Exhibit B: Price Schedule.

Prices for Non-Core products are fixed mark-up cost per case. The fixed mark-up cost covers the Contractor’s warehousing, financing, packaging, all labor and transportation cost for delivery, sales and a profit.

Contractor’s cost is defined as the price the Contractor paid their supplier for the product and freight as shown on the last invoice received by the Contractor excluding any additional charges.

http://www.ct.gov/demhs/cwp/view.asp?a=1939&q=443360&demhsNav=|42956|


When a non-core product is purchased, the Contractor shall include both the “Contractor’s cost per case” and “fixed mark-up cost per case” on each invoice to the Client Agency.

Upon request by the Client Agency and DAS, the Contractor shall submit a copy of the invoice from their supplier to verify the Contractor’s cost.

The Client Agency reserves the right to add non-core products to the Core Product Price Schedule based on usage as a firm fixed price. The price must be negotiated with the Contractor.

The fixed mark-up cost must remain firm for the duration of the contract.

35. USDA Further Processed Foods: The Client Agency allocates USDA dollars towards the purchase of Further Processed Food. The Contractor shall provide the following pass through value methods to the Client Agency:

a. Net-Off Invoice (NOI): The Contractor shall invoice the Client Agency at the case pack price minus the value of the USDA donated food.

b. Rebate: The Client Agency pays the commercial price to the Contractor for a processed item and submits a request for the rebate to the manufacturer, who issues a check for the value of the donated food used.

c. Fee for Service (FFS): The processor bills the Client Agency for the end product excluding the value of the USDA donated food. The Contractors cost to the Client Agency for the storage and delivery of the end product is listed in Exhibit B.

36. Warehousing and Delivery of USDA donated foods (For Recipient Agency): Prices listed for the USDA Distribution Program are on a per case basis. Per case price includes storage, transportation and delivery charges fully prepaid by the Contractor, F.O.B. RA drop point. No additional charges will be allowed for packing, packages, or partial delivery costs.

37. Non-Pricing Related Cost Reductions: Contractor shall initiate and support value-engineering programs throughout the term of the Contract. Examples of value engineering savings include, but are not limited to: Brand or label standardization; process and productivity improvements (Including but not limited to KanBan, Point-of-Use, e-Commerce.)

Throughout the term of the Contract, the DAS and Client Agency are open to discussions related to any potential cost reduction opportunities available through the purchase of comparable products.

38. Reporting: The Contractor shall submit usage reports in Microsoft Excel to DAS and each Client Agency. The reporting period may be determined (monthly, quarterly, and annually) based on the need and may include the following:

a. Usage reports indicating sales by volume for each Client Agency indicating numbers of each core item and non-core item sold.

b. Fill rate information for core and non-core items by individual agency, and by individual ordering facility to include the number of orders received, orders processed, back orders, and partially filled orders.

c. Substitution information for core and non-core items, statewide, by individual agency, and by individual ordering facility to include the number of orders received, orders processed, back orders, and partially filled orders.

d. Reports separated by Core List versus Non-Core/Catalog items.

e. Reports by Facility, Category, Individual Products.

f. Rebate, discounts and other applicable credits.

g. Reports detailing the purchase by sales of small and minority businesses certified by DAS Supplier Diversity.


h. CT Grown Purchases.

i. Opportunity buys or vendor specials or vendor closeouts.

j. Any additional report that DAS and the Client Agency may deem necessary.

k. These reports must be in the format approved in advance in writing by the DAS Contact Specialist responsible for this Contract.

39. Audits: The Contractor shall allow for the Client Agency or DAS to audit contracted items monthly or as needed. The audit will be based on a review of items pre-determined by DAS. Typically, the audit will consist of ten (10) items at a minimum; however, the DAS reserves the right to audit any number of contracted items. The Contractor’s facilities, equipment and procedures shall be subject to review by Federal authorities at any reasonable time and place.

40. USDA Further Processed foods retention of records: Records relating to requirements for USDA further processed foods must be retained for a period of three years from the close of the fiscal or school year to which they pertain. However, records pertaining to claims or audits that must remain unresolved in this period of time must be retained until such actions have been resolved.

41. Warehousing and Delivery of USDA donated foods: The Contractor shall:

a. Distribute USDA donated foods to eligible RAs in a timely manner, in optimal condition and in the amounts for which each RA is eligible.

b. Store, supervise, manage, and deliver cases of perishable and non-perishable USDA donated foods to RAs on a month to month basis at minimum.

c. Provide warehousing and delivery services for the Client Agency in accordance with the provisions and requirements stated herein.

d. Provide services to the sole satisfaction of and in accordance with the instructions provided by the Client Agency.

e. Utilize the CSDE FDP staff as contacts.

f. Comply with all federal regulations and state laws including but not limited to: the applicable requirements of CFR, Title 7 (1) 7 CFR Parts 210 and 250 as amended, regarding the NSLP and the Donation of Foods for use in the US, (2) USDA/Food and Nutrition Service (FNS) Instruction 709-5, Rev 3 as amended), regarding the Shipment and Receipt of Foods. (3) FD-052 as amended, regarding Annual Physical Inventory - Reconciliation and Offsetting, (4) FD-062 as amended, regarding Electronic Receipting for USDA Direct and Multi-Food Shipments, (5) FD-139 as amended, regarding Inventory Protection Requirements, and (6) FD-107 as amended, regarding Donated Food Storage, Distribution and Product Dating.

g. Furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

h. Have adequate delivery vehicles to satisfy the terms of the contract.

i. Contractor’s main warehouse shall be the drop point for delivery of USDA donated foods.

1) The Contractor shall provide the following services:

(a) Receive, unload, handle, and store inbound shipments of USDA donated foods.

(b) Load and deliver outbound shipments of USDA donated food RA.

(c) Submit receiving, warehousing, deliveries, inventories and documents of all USDA donated Foods as required by the Client Agency.

https://www.fns.usda.gov/part-210%E2%80%94national-school-lunch-programhttps://www.fns.usda.gov/part-250%E2%80%94donation-foods-use-united-states-its-territories-and-possessionshttps://fns-prod.azureedge.net/sites/default/files/FNS_Instruction_709-5_Rev_2.pdfhttps://fns-prod.azureedge.net/sites/default/files/FNS_Instruction_709-5_Rev_2.pdfhttps://www.fns.usda.gov/annual-physical-inventory-reconciliation-and-offsettinghttps://www.fns.usda.gov/electronic-receipting-usda-direct-and-multi-food-shipments-revisedhttps://www.fns.usda.gov/clarification-inventory-protection-requirementshttps://www.fns.usda.gov/storage-and-inventory-management-usda-donated-foods


j. Inbound Shipments: The Contractor shall comply with the rules governing the Contractor’s responsibilities in the provisions contained in the current USDA, “FNS Instruction 709-5, regarding Shipment and Receipt of Foods.

Instructions may be found on the USDA FNS, website at: https://www.fns.usda.gov/fdd/instructions-handbooks

Electronic Receipt of USDA Direct and Multi-Food Shipments. The Contractor shall enter all shipment receipts within two (2) calendar days of delivery, using WBSCM Shipment Receipt function. At the time of receipt, the Contractor shall report any over, short and damaged items in WBSCM. In addition to entering in WBSCM, the Contractor shall enter all shipment receipts and report any overages, shorts or damaged products in the Client Agency Module and download the RA’s allocations. The Contractor shall report any deviations in allocations to the Client Agency prior to electronically receiving the delivery in the Module.

The Client Agency and the Contractor shall be able to locate all shipped USDA Foods for reasons of emergency such as product recalls.

The Contractor shall receive shipments Monday through Friday of at least eight (8) hours per day.

The Contractor shall be liable for claims levied by USDA against the Contractor or the Client Agency as a result of the Contractor’s failure to properly secure, handle, or account for shipments.

k. Deliveries: Contractor shall:

1) Provide the delivery schedules for each RA to the Client Agency for review and approval the first week of each August during the term of the Contract. . Once approved the Contractor shall provide a copy of the delivery schedule to each RA by the second (2nd) week of each August.

2) Provide RA’s electronic access to view and order their USDA Foods. If this is not possible, the Contractor shall send RA’s allocation reports one week prior to their delivery date.

3) Begin delivering USDA Foods to RA’s no later than the third week of each August during the Contract term.

4) Clearly communicate schedule and delivery information to the RA’s, and the Client Agency must receive a copy of any correspondence that is universally distributed to RA’s.

5) Make deliveries between the hours of 6:00 am and 2:00 pm, Monday through Friday, to accommodate the RA schedule, except on holidays or at other times when the RA is closed, such as for inclement weather. Contractor shall make special arrangements for RA locations that cannot accept deliveries between said hours.

6) Contact RA forty-eight (48) hours in advance with delivery confirmation and a target delivery time frame of either am or pm when scheduling the delivery. The Contractor shall inform the RA if the delivery will not arrive within the targeted time frame.

7) Reschedule deliveries missed due to inclement weather, breakdowns or other unforeseen conditions to occur within two (2) working days, unless the RA and the Client Agency agree to a later delivery date. Unanticipated delivery changes or cancellations by the Contractor must be communicated to the RA and Client Agency within twenty-four (24) hours.

8) Deliver the USDA Food to the RA’s designated area for frozen, refrigerated and dry foods. Drivers are not required to stow USDA Foods on shelves or to assist in rotating stock at drop sites. Special deliveries are only required if the Contractor fails to deliver an ordered product that is in stock. The Contractor shall make deliveries to complete an order or correct delivery errors within a reasonable time frame agreed upon by the Contractor, Client Agency, and RA, and there shall be no additional delivery charges for delivering the balance of short shipments.

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9) Utilize adequate delivery vehicles to accommodate the delivery of dry, refrigerated and frozen USDA Foods. The Contractor’s delivery vehicles must be able to accommodate unloading at RA facility sites and small institutions.

10) Not deliver any greater quantities than allotted to a RA.

11) Deliver USDA Foods in straight loads containing USDA Foods only, or in mixed loads with commercially purchased foods, as long as other terms of the Contract are satisfied.

12) Not store or deliver USDA Foods with chemicals or other products, which may be harmful to the quality or safety of the foods.

13) Confirm the quantity of the USDA Foods delivered/received, and inspect load/delivery for condition on arrival and immediately notify the Client Agency via e-mail with problems with condition, quality, or quantity. Any overages, shortages, problems with condition or quality should be noted on the signed delivery receipt by both the RA and the driver. RA should notify the Contractor of any additional overages, shortages, or damages found after delivery.

The Client Agency reserves the right to add or delete a RA during the term of this Contract. The Contractor agrees to service any new RA’s that have been approved to receive USDA Foods.

l. Reporting: The Contractor shall maintain computerized perpetual inventory records for all USDA Foods. The Contractor shall allow the Client Agency to view USDA Foods inventory on the Contractor’s electronic inventory system. If this is not possible, the Contractor shall submit inventory reports on a monthly basis or upon request to the Client Agency.

1) Allocation Reports: The Contractor shall make available allocation reports for the RA’s via the Contractors electronic system or an electronic file. The reports shall contain the following information:

• The material code

• Item Description

• Date product received by the Contractor

• Quantity received by the Contractor

• Date and Quantity shipped to RA

• Remaining Inventory

2) Shipping file Report

• RA

• Individual delivery location

• Date of delivery

• Material code

• Product description

• Quantity delivered

• Quantity credited

3) Contractor Inventory of USDA donated foods

• Product description


• Material code

• Quantity inventory

m. Annual Physical Inventory – Reconciliation and Offsetting: Annually, the Contractor and the Client Agency will conduct a physical inventory of USDA Foods in the Contractor’s possession. The Client Agency and USDA representatives may periodically conduct inventories, with 48-hour prior notice, to verify the inventory and the quality of the facilities. The Client Agency reserves the right to make unannounced visits to the Contractor’s warehouse without prior notice.

If any overages and shortage discrepancies between the physical inventory and the book inventory exist, they must be reconciled per FD-052, Annual Physical Inventory- Reconciliation and Offsetting. The Client Agency shall approve all proposed offsets, and may make any adjustments in the proposed offset it determines are in the best interest of the program.

Any losses of USDA Foods including but not limited to damages, infestation, mold, spoilage, over-shipment, or other factors must be reported to the Client Agency within 24 hours of discovery. The Contractor shall provide an inventory report listing the quantities of each commodity, by RA, with the monthly loss report. The Contractor may settle these losses in the form of cash payments or by replacements with an equal quantity of an equal quality product, at the option of the Client Agency. The settlement will be made to the appropriate RA and will be executed within sixty (60) days of the initiation of the claim.

n. Storage: The Contractor’s warehouse facility must be able to store up to 35,000 total cases of the following at any particular time:

1) Dry USDA Foods must be stored at temperatures between 50 degrees and 70 degrees Fahrenheit.

2) Frozen USDA Foods must be stored at temperatures of zero degrees Fahrenheit or below.

3) Refrigerated USDA Foods must be stored at temperatures of 41 degrees Fahrenheit or below.

o. Recall of Commodities: The Contractor shall follow all applicable federal state or local requirements for USDA Foods subject to a food recall, as this term is defined in 7 CFR 250.2. Further, in the event of a recall, guidance will be provided by the Client Agency, including procedures or instructions for all parties in responding to a food recall, replacement of recalled USDA donated foods, and reimbursement of specific costs incurred as a result of such actions.

p. Required Records: The Contractor shall maintain records of agreements and contracts, reports, audits, claim actions, and funds obtained as an incident of USDA donated food distribution, and other records specifically required as applicable. Failure to comply with recordkeeping requirements must be considered prima facie evidence of improper distribution or loss of USDA donated foods and may result in a claim against such party for the loss or misuse of USDA donated foods, in accordance with 7 CFR 250.16, or in other sanctions or corrective actions. Records must be available for view by either the USDA or state officials, provided forty-eight (48) hour notice is given to the Contractor.

q. Retention of records: Records relating to requirements for USDA donated foods must be retained for a period of three years from the close of the fiscal or school year to which they pertain. However, records pertaining to claims or audits that must remain unresolved in this period of time must be retained until such actions have been resolved.

r. Computer System Requirements: The Contractor shall have the capability to maintain high speed computer information systems compatible with the Client Agency Module and WBSCM to provide inventory tracking, report generation and upload/download capabilities. The Contractor shall be capable of exchanging all data electronically. The Client Agency shall have electronic access to view the USDA Foods inventory via the Contractors inventory system. In lieu of that, the Contractor will be expected to receive and send daily and weekly electronic files that


contain RA orders, confirmation and delivery information to the Client Agency in a format compatible with Module. If direct inventory access is not available, daily shipping files for the prior day’s shipments must be received by 9 a.m. the following day. Weekly On Hand Reports for the prior week must be received by 9 a.m. Monday morning. During normal business operations, if inventory discrepancies are discovered by the Client Agency, the Client Agency will e-mail the Contractor with the discrepancies.

The Contractor shall review the discrepancies, determine the cause and communicate the solution via e-mail to the Client Agency within 48 hours of request.

To support the Client Agency, the Contractor shall use WBSCM and the Module to electronically receive inbound shipments and download RA allocations. All USDA Food orders and the expected delivery date can be viewed by the Contractor and the RA in WBSCM.

The Contractor shall be the sole owner of the software product it uses, and if not the owner, must have received all proper authorizations from the owner to license the software product, and the full right and power to grant the rights contained in any Agreement entered into with the Client Agency. The Contractor shall further warrant that the software product is of original development and that the package and its use will not violate or infringe upon any patent, copyright, trade secret or other property right of any other person or company.

If the Contractor does not provide the Client Agency direct access to the USDA Foods inventory, the Contractor shall provide on-hand files upon request within 24 hours in anticipation of any major weather related event.

s. Inventory Protection: The Contractor must obtain insurance to protect the value of USDA donated foods at its storage facility. The amount of such insurance must be at least equal to the average monthly value of USDA donated food inventories in the previous fiscal year.

t. Annual State Review: Per USDA regulations, the Client Agency will conduct an annual warehouse review along with the end of year inventory on or around June 30. This review consists of evaluating all aspects of warehousing and transportation of USDA Foods. The Client Agency will contact the Contractor to schedule the warehouse review. When the review is complete, the Client Agency will review any findings with the Contractor. If corrective action is required, the Contractor shall respond in writing describing the action necessary that they will take to correct any findings within 30 days of review of findings.

u. Account Representative and Customer Service Support: Section 17. Account Representative and Section 18. Customer Service Support terms and conditions shall apply to the USDA Warehousing Program Client Agency.

v. Transition: Immediately upon award of the Contract, the Contractor shall provide an Account Representative that shall be designated as the primary contact person to ensure strict adherence to the contractual requirements and communicate with the Client Agency. In addition, the Contractor shall provide the name of one (1) backup individual who shall assume the responsibilities of the primary contact person in his/her absence. Upon award of the contract, the contractor shall:

1) Work with the Client Agency and any other organizations designated by the Client Agency to ensure an orderly transition of services and responsibilities under the Contract and to ensure the continuity of those services required by the Client Agency.

2) As required, pick up and transport all USDA inventory remaining in the State contracted warehouse located at Sysco CT located at 100 Inwood Road, Rocky Hill, CT to the Contractor’s warehouse as directed by the Client Agency in order to assume responsibilities under Contract award.

3) Obtain all required Federal, State, and local health inspections and shall provide the Client Agency with evidence that inspections/approvals are current.

Upon expiration, termination, or cancellation of the contract, the contractor shall:


1) Assist the Client Agency to ensure an orderly and smooth transfer of responsibility and continuity of those services required under the terms of the contract to an organization designated by the Client Agency. If requested by the Client Agency, the Contractor shall provide and/or perform any or all of the following responsibilities:

2) Deliver, without charge all records, documentation, reports, data, recommendations, or printing elements, which were required to be produced under the terms of the Contract to Client Agency and/or to the Client Agency’s designee within seven (7) days after receipt of the written request in a format and condition that are acceptable to the Client Agency.

3) Discontinue accepting new assignments under the terms of the Contract on the date specified by the Client Agency, in order to ensure the completion of such service prior to the expiration of the Contract.

4) Prepare for shipment, in the same manner as described within the transition section of Exhibit A, any remaining USDA Foods inventory.

5) Provide dock access to any subsequent contractor for the purpose of loading and transporting existing inventory.

6) Load any and all remaining USDA Foods onto subsequent contractor’s trailers for transportation.

7) Cooperate with the Client Agency and any subsequent contractor to accommodate any reasonable request.

B. ADDITIONAL TERMS & CONDITIONS

1. Contract Separately/Additional Savings Opportunities: DAS reserves the right to either seek additional discounts from the Contractor or to contract separately for a single purchase, if in the judgment of DAS, the quantity required is sufficiently large, to enable the State to realize a cost savings, over and above the prices set forth in Exhibit B, whether or not such a savings actually occurs.

2. P-Card (Purchasing MasterCard Credit Card): Purchases made by the Client Agency from the Contractor that are less than $1,000 may be made using the State of Connecticut Purchasing Card (MasterCard) in accordance with Memorandum No. 2011-11 issued by the Office of the State Comptroller. Contractor shall be equipped to receive orders issued by the Client Agency using the MasterCard. The Contractor shall be responsible for the credit card user-handling fee associated with MasterCard purchases. The Contractor shall charge to the MasterCard only upon acceptance of Goods delivered to the Client Agency or the rendering of Services. The Contractor shall capture and provide to its merchant bank, Level 3 reporting at the line item level for all orders placed by MasterCard. Questions regarding the state of Connecticut MasterCard Program may be directed to Ms. Kerry DiMatteo, Procurement Card Program Administrator at 860-713-5072.

3. Subcontractors: DAS must approve any and all subcontractors utilized by the Contractor prior to any such subcontractor commencing any work. Contractor acknowledges that any work provided under the Contract to any state entity is work conducted on behalf of the State and that the Commissioner of DAS or his/her designee may communicate directly with any subcontractor as the State deems to be necessary or appropriate. Contractor shall be responsible for all payment of fees charged by the subcontractor(s). A performance evaluation of any subcontractor shall be provided promptly by the Contractor to DAS upon request.

4. Standard Wages: Contractors shall comply with all provisions of Connecticut General Statues 31-57f, Standard Wage Rates for Certain Service Workers and shall pay wages in accordance with the current wage rates provided by the Department of Labor. Information regarding this Statute and how and when it applies can be obtained from DOL’s web site at http://www.ctdol.state.ct.us/wgwkstnd/standardwage.htm . Questions concerning the provisions and implementation of this act should be referred to the Connecticut Department of Labor, Wage and

http://www.ctdol.state.ct.us/wgwkstnd/standardwage.htm


Workplace Standards Division, 200 Folly Brook Blvd., Wethersfield, CT 06109-1114 (860) 263-6790 or his designated representative. A link to the Standard Wages is provided below.

Standard Wages: http://www.ctdol.state.ct.us/wgwkstnd/prevailing-rates/service/rates-service.htm

5. Security and/or Property Entrance Policies and Procedures: Contractor shall adhere to established security and/or property entrance policies and procedures for each requesting Client Agency. It is the responsibility of each Contractor to understand and adhere to those policies and procedures prior to any attempt to enter any Client Agency premises for the purpose of carrying out the scope of work described in this Contract.

6. Department of Correction Requirements for Contractors who Perform at a Correctional Facility: (1) Facility Admittance

(A) Contractors shall not allow any of their employees to enter the grounds of or any structures in any Department of Correction (“DOC”) facility (“Facility”) or undertake any part of the Performance unless the employees shall have first been issued an individual, valid, security identification badge which they shall display properly at all times while at the Facility.

(B) Contractor employees who seek admittance to a DOC Facility must first undergo a background check to confirm their eligibility to be admitted into the DOC Facility. Accordingly, Contractors must obtain from the DOC a form for each such employee and complete and submit that form to DOC at least 10 business days prior to the date that the employee is scheduled to arrive at the DOC Facility for the Performance. Information on the form includes the following:

1. Name

2. Date of Birth

3. Social Security Number

4. Driver's License Number

5. Physical Characteristics (such as age, height, weight, etc.)

(2) Official Working Rules

Contractors shall adhere to the following Official Working Rules of the DOC:

(A) All Contractors shall report to the Facility’s security front desk for sign-in, regardless of work location, immediately upon arrival at the Facility.

(B) All Contractor personnel shall work under the observation of an assigned correctional officer or supervisor, who will provide escort for the duration of the work.

(C) No verbal or personal contact with any inmates.

(D) Equipment will be checked daily and, when not in use, locked in a secure place as the Facility officials may direct.

(E) Hacksaws, blades and files will remain in the custody of the officer assigned, except when actually being used.

(F) The correctional officials may refuse admittance to any Contractor personnel for any cause the correctional officials deem to be sufficient.

(G) In the event of any emergency, all Contractor personnel will be escorted outside the Facility by correctional officials.

http://www.ctdol.state.ct.us/wgwkstnd/prevailing-rates/service/rates-service.htm


(H) Contractors shall address all questions pertaining to interruptions of service or to safety of the Facility to the appropriate correctional official.

(I) Work at the Facility shall be carried on during the time between 8:00 a.m. and 12:00 Noon and between 12:30 p.m. and 4:30 p.m., the maximum allowable working day being 8 hours. The Contractor shall not Perform any work at any Facility on any Saturday, Sunday or Holiday, unless DOC determines, in its sole discretion, that there is an emergency.

(J) The Contractor shall ensure that when all equipment is not in use, it will be unusable or be supervised to prevent use by inmates.

(K) The Contractor shall supply to DOC a copy of all material safety data sheets for all products used in the process of construction, construction materials, and products brought onto the Facility.

(L) All Contractors shall sign out at the Facility’s security front desk prior to departure following completion of any work.

(3) Rules Concerning Department of Correction Facilities

Contractors shall adhere to the Facilities rules (“Facilities Rules”) described in this section. At the time that Contractors and Contractor Parties seek to enter a Facility, DOC staff will present to them a document setting forth the following Facilities Rules and extracts of the laws governing the introduction and control of contraband. Contractors and Contractors Parties must read, understand and sign that document as a condition precedent to entering the Facility and as evidence that they understand the consequences imposed for violating these Facilities Rules:

(A) Restricted Areas

All persons except DOC personnel, upon entering the grounds are restricted to the immediate area of their work assignment. In order to go to other areas, Contractor personnel must first obtain written permission from the supervisory correctional official in charge. Only persons having official business will be admitted to construction sites.

(B) Inmates

There may be times when inmates may be working adjacent to or in the same area as construction personnel. All persons are prohibited from accepting or giving anything from and to an inmate. Inmates are accountable to DOC personnel only, no other person shall have any conversation or dealings with inmates without the approval of the DOC supervisory official in charge.

(C) Vehicle Control

Any Contractor personnel entering upon the Facility shall remove the ignition keys of their vehicle and lock the vehicle when they leave it for any reason. Contractors shall ensure that all equipment in, on or around the vehicles is secured and inaccessible to anyone else while in the Facility.

(D) Contraband

Contractors shall not bring clothing or contraband into or onto the Facility's grounds or leave clothing or contraband in a vehicle located on the grounds of the Facility outside of an area designated by DOC personnel. Contraband is defined below and all persons are subject to these DOC Facilities Rules concerning contraband when on the Facility's grounds.

Contractor shall not introduce into or upon, take or send to or from, or attempt the same to or from, the grounds of the Facility anything whatsoever without the knowledge of the Facility supervisor.


“Contraband” means any tangible or intangible article whatsoever which DOC has not previously authorized and may include letters, stamps, tools, weapons, papers, floor implements, writing materials, messages (written and verbal), instruments and the like. Contractors shall discuss any questions regarding such matters with the Facility supervisor immediately upon those questions arising.

Cigarettes and Cell Phones are “contraband.” Accordingly, Contractors shall leave them secured inside their locked vehicles in an area designated by DOC personnel.

Failure to comply with these Facilities Rules, in the sole determination of DOC, will result in the Contractor being removed from the Facility.

(4) State Laws Governing Unauthorized Conveyance, Possession or Use of Items, Weapons and Certain Devices

(A) Unauthorized conveyance of certain items brought into the Facility is governed by Conn. Gen. Stat. Sec. 53a-174, which provides as follows:

1. Any person not authorized by law who conveys or passes or causes to be conveyed or passed, into any correctional or humane institution or the grounds or buildings thereof, or to any inmate of such an institution who is outside the premises thereof and known to the person so conveying or passing or causing such convey or passing to be such an inmate, any controlled drug, as defined in section 21a-240, any intoxicating liquors, any firearm, weapon, dangerous instruments or explosives of any kind, any United States currency, or any rope, ladder or other instrument or device for use in making, attempting or aiding an escape, shall be guilty of a class D felony. [Penalty for a Class “D” felony per Sec. 53a-35 subsection a, b, c, d is a term not to exceed five (5) years.]The unauthorized conveying, passing, or possessing of any rope or ladder or other instrument or device, adapted for use in making or aiding an escape, into any such institution or the grounds or building thereof, shall be presumptive evidence that it was so conveyed, passed or possessed for such use.

2. Any person not authorized by law who conveys into any such institution any letter or other missive which is intended for any person confined therein, or who conveys from within the enclosure to the outside of such institution any letter or other missive written or given by any person confined therein, shall be guilty of a class A misdemeanor. [Penalty for a Class "A” misdemeanor per Sec. 53a-36 subsection 1, the term is not to exceed one (1) year.]

3. Any person or visitor who enters or attempts to enter a correctional institution or Facility by using a misleading or false name or title shall be guilty of a class A misdemeanor.

(B) Possession of weapons or dangerous instruments in the Facility is governed by Conn. Gen. Stat. Sec.53a-174a, which provides as follows:

1. A person is guilty of possession of a weapon or dangerous instrument in a correctional institution when, being an inmate of such institution, he knowingly makes, conveys from place to place or has in his possession or under his control any firearm, weapon dangerous instrument, explosive, or any other substance or thing designed to kill, injure or disable.

2. Possession of a weapon or dangerous instrument in a correctional institution is a class B felony. [Penalty for a Class "B" felony per Sec. 53a-35 subsection a, b, c, d is a term not to exceed twenty (20) years.]

(C) Conveyance or use of electronic or wireless communication devices in the Facility is governed by Conn. Gen. Stat. Sec. 53a-174b, which provides as follows:

1. A person is guilty of conveyance or use of an electronic wireless communication device in a correctional institution when such person, without authorization by the Commissioner of Correction or the commissioner's designee, (1) conveys or possesses with intent to convey an electronic wireless


communication device to any inmate of a correctional institution while such inmate is in such institution, or (2) uses an electronic wireless communication device to take a photographic or digital image in a correctional institution.

Conveyance or use of an electronic wireless communication device in a correctional institution is a Class A misdemeanor.

7. Performance Monitoring: Throughout the term of this Contract, Client Agency Designee and DAS will monitor the Performance of the Contractor. The Client Agency Designee shall report to DAS and the Contractor if breach or poor performance is found at the Facility. All data collected will be saved to the Contract file and DAS shall use such data to determine whether the Contractor is qualified for future bids / proposal evaluations.

Proposal Requirements

1. Contract Period The State intends that this contract shall be in effect for a period of 2 years.

DAS, in its sole discretion, may extend this Contract for additional terms beyond the original term, prior to Termination or expiration, one or more times for a combined total period not to exceed the complete length of the original term.

2. Motor Carrier Safety Review If the Performance requires the use and operation of any commercial motor vehicle, as defined in section 14-1 or any vehicle defined in section 14-163c(a) of the Connecticut General Statutes, each proposer or bidder whose submittal is not rejected will be the subject of a Safety Fitness Review (“SFR”) conducted by the Connecticut Department of Motor Vehicles ("CTDMV").

If the SFR results in a rating for the proposer or bidder that exceeds the acceptable out of service rating as set forth at http://www.ct.gov/dmv/cwp/view.asp?a=804&q=512530&dmvPNavCtr=|#55445, then the affected proposer or bidder will be deemed to be not responsible and their submittal will be rejected.

Please include your Federal DOT ID number where specified in Exhibit B. If you do not include the number in Exhibit B and then fail to provide it subsequently when and as asked, your submittal will be rejected.

Further information concerning the SFR may be obtained from CTDMV at: http://www.c