GRO38 Prime Grocers Statewide Contract: This is a Statewide Contract (SWC) for Prime Grocers of various grocery/food products and of grocery/food products at special volume pricing. The contract is currently awarded to six vendors across two categories.

Note: This contract may be used to procure the goods or services described in this user guide at any dollar amount. Any limitations, including for procurements involving construction, are outlined in this Contract User Guide.

For the Master Contract Record, refer to the GRO38 Master Contract Record. 

Benefits and Cost Savings

Statewide Contracts are an easy way to obtain benefits for your organization by: 

• Leveraging the Commonwealth’s buying power
• Simplifying the solicitation process
• Providing contracting expertise
• Enhancing vendor relationships through proactive management and oversight
• Offering competitive pricing
• Offering Prompt Payment Discounts (PPD), which is a percentage discount given to the buyer if the invoice is paid within a specified time, in accordance with the Commonwealth’s Bill Paying Policy

• Partnering with a pool of qualified and experienced vendors
• Accessing a wide range of environmentally preferable products and services 
  

This contract includes two categories of products listed as follows: 

• Prime Grocers Category 1 - This category provides various selections of groceries/food products that includes, but is not limited to, canned goods, cereals, meats, frozen foods, pasta, specialty foods, organic and non-organic fruits and vegetables, and other identified products within the vendor’s monthly market basket order guide. Category 1 vendors are identified in the Vendor List and Information.
• Opportunity Buys Category 2 - Groceries/food opportunity purchases that vendor may offer at special pricing from manufacturers as an overrun, volume discounts, or other circumstances. Products may include, but are not limited to, canned goods, cereals, meats, frozen foods, pasta, specialty foods, fresh fruits and vegetables, and any other product categories. Category 2 vendors are identified in the Vendor List and Information. The vendor will agree to charge the Commonwealth no more than 1.5 % mark-up to make opportunity purchases.

This contract promotes the Massachusetts laws and directives aimed at the purchasing of locally grown products, as well as more nutritional, pesticide-free produce and products.

Nutritional Standards - Executive Order (EO) 509 establishes mandatory nutrition standards for state agencies. The directive, signed by the Governor, requires agencies to ensure that any food and beverages they purchase or contract for, which are provided to state-dependent clients, comply with specific nutritional standards. To ensure compliance, please refer to Executive Order 509 for detailed information.

Locally Grown or Produced Within The Commonwealth of MA - Commonwealth Grown Agriculture Products: M.G.L. c. 7, § 23B requires that State Purchasing Agents grant a preference to products of agriculture grown or produced using products grown in the Commonwealth or products produced using products grown in the Commonwealth, as well as fish, seafood, and other aquatic products. 

Such locally grown or produced products must be purchased unless the price of goods exceeds the price of products from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aqua-cultural, floricultural, or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Vendors have been instructed to identify MA locally grown goods in the price files provided to buyers.

The following is a complete list of the types of organizations generally allowed to use the Operational Service Division’s (OSD's) Statewide Contracts (SWCs). Some SWCs may be open to additional organizations, and some are more restricted in usage.

• Cities, towns, districts, counties, and other political subdivisions
• Executive, Legislative, and Judicial Branches, including all departments and elected offices therein
• Independent public authorities, commissions, and quasi-public agencies
• Local public libraries, public school districts, and charter schools
• Public hospitals owned by the Commonwealth of Massachusetts
• Public institutions of higher education
• Public purchasing cooperatives
• Non-profit, UFR-certified organizations that are doing business with the Commonwealth
• Other states and territories and their cities, towns, districts, counties, other political subdivisions, and public institutions of higher education without prior approval from the State Purchasing Agent 
• Other entities when designated in writing by the State Purchasing Agent
  

Note: The price files and vendor catalogs are accessible through public view in COMMBUYS; therefore, buyers may access the price files and vendor catalogs without signing into a COMMBUYS account.

The various pricing options are outlined as follows:

• Vendor Price File: Vendors are required to submit electronic food order guides monthly, with up-to-date transparent pricing for available market basket items. Buyers are encouraged to contact Vendor Contract Managers directly for available market basket items and pricing. If a vendor does not have a manufacturer listed in their awarded price file, the vendor must contact the Category Manager to get the manufacturer added before they may sell their products on GRO38. If a vendor is not honoring their discount pricing from the price file, the customer should contact the Category Manager.
• Fixed Pricing: Contract pricing has been negotiated, and no further negotiations may be made. The market basket grocery items have fixed pricing identified by the vendor in their monthly food order guide. Monthly food order guides are available in COMMBUYS, under the Vendor Attachments section of each vendor's Master Blanket Purchase Order, for entities to place their orders.
• Cost Plus Pricing: Pricing is based upon the brand manufacturer’s cost, plus the proposed percentage mark-up identified on the Vendor List.
• Discounted Pricing: Vendors may be asked to offer (and are encouraged to make available) special discounted pricing opportunities to eligible entities within the terms of their Statewide Contract. Eligible entities may request price discounts through periodic bulk purchases. For these discounted rates, they must commit to buying a guaranteed quantity from the vendor.  
  Note: Product pricing may be found on the Vendor Information page, where links to all the vendors’ MBPOs are provided.
  

Purchases made through this contract will be direct, outright purchases. 

This contract offers direct purchase of fixed price items in COMMBUYS. This option is used for products and services with fixed pricing and is viewable in the vendor catalogs or price files. Refer to the Master Blanket Vendor Distributor List in COMMBUYS or the Vendor List and Information for a list of eligible vendors. The buyer can submit a request for goods and services from a Statewide Contract (SWC) or a Designated SWC. This option is for users with Basic Purchaser or Department Access privileges in COMMBUYS. Once the requisition is approved, a Purchase Order (PO) is generated and can be sent to the vendor. Requisitions are documents used to request goods and services. A requisition is the first document used to generate a PO. Refer to the How to Make a Statewide Contract Purchase in COMMBUYS job aid for more details. 

This contract enables buyers to retroactively record a previously made contract purchase within the COMMBUYS system. This is done through a Request for Payment Authorization (RPA) Release Requisition, which also allows MOSAIC users to easily keep track of spending. For a description on how to complete this purchase in COMMBUYS, refer to the How To Record a Contract Purchase Previously Made (RPA Release) job aid.

Note: MOSAIC and COMMBUYS do not interface. Payment request and invoice must be reported in both MOSAIC and COMMBUYS.

COMMBUYS is the Commonwealth of Massachusetts' e-procurement platform, serving as a central marketplace for state agencies and other Eligible Entities to procure goods and services, connecting government buyers and businesses. It aims to streamline the purchasing process, ensuring transparency and efficiency in the procurement process.

For Executive Agencies, COMMBUYS is required. Per 801 CMR 21.00, Executive Agencies must use established Statewide Contracts (SWCs) for the purchase of products and services. To set up a COMMBUYS buyer account or to update an existing agency account, the buyers must contact the COMMBUYS Help Desk at: 888-627-8283 or OSDhelpdesk@mass.gov.

While COMMBUYS use is not mandated for Non-Executive Agencies and other Eligible Entities, it is highly recommended to streamline the procurement process and assist buyers in making informed purchasing choices. Eligible entities should follow their internal guidelines for COMMBUYS use.

Buyers can view contract documents on COMMBUYS without requiring a COMMBUYS account or logging in.  
To find contract documents in COMMBUYS, follow these steps:

1. On the COMMBUYS home page, enter GRO38 in the search tool and select Blankets from the drop-down list.
2. Select the Search icon. The related Master Blanket Purchase Orders (MBPOs) information opens in a table format. 
3. To view the associated contract documents, under the Blanket # column, select the applicable Purchase Order (PO) link. MBPO opens for the selected PO and the attachments can be found in the Agency Attachments or Vendor Attachments section. 

If applicable, to find vendor-specific documents, view the links to the individual vendor MBPOs on the Vendor Information page, and follow these steps:

1. On the Vendor Information page, select the applicable Purchase Order (PO) link. The Master Blanket Purchase Order (MBPO) opens for the selected PO.
2. If applicable, on the MBPO, scroll down to the Vendor Attachments section to find the vendor-specific documents.
3. To view, select the desired document link.

Please refer to the following guidelines:

• Executive Departments must use diverse and small businesses to the extent possible based on contract terms, Supplier Diversity Office (SDO), and departmental policies, laws, and regulations.
• The Small Business Purchasing Program (SBPP) applies to small procurements ($250,000 or below annually), while the Supplier Diversity Program (SDP) applies to large procurements (over $250,000 annually). Executive Departments must consider these requirements when soliciting quotes or issuing Statements of Work (SOWs).
• Operational Services Division (OSD) provides a list of SDO businesses through the Statewide Contract Index. Refer to the Programs (SDP and SBPP) tab on the index (scroll to view the tab).

• In cases where all other factors are equal, and particularly when adhering to a best value approach, the department will favor the vendor with stronger SDP commitment.
• For more information, refer to Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams.
• Vendor SDP commitment percentages may be found on the Vendor List table.

• If available, departments must notify at least two certified small businesses capable of providing the product or service. Bids received from SBPP-participating small businesses must be evaluated, and if one meets the department’s best value criteria, the contract must be awarded to that vendor.
• For more information, refer to Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams.
• Vendor SBPP Certification status can be found on the Vendor List table.

Shipping

• Shipping charges may be negotiated and allowed under reasonable circumstances including but not limited to rush shipping requests by the Commonwealth Agency. 
• Vendors are not allowed to request an exception for shipping charges.

Delivery

For delivery, please follow these guidelines:

• All deliveries are Free on Board (FOB) and no additional delivery charges are allowed.
• Vendor must deliver goods to the department within 3 business days after receipt of order (ARO). Items delivered after 3 business days may be unacceptable and returned to the vendor at no cost to the Commonwealth unless a special order is involved. 
• All orders will be processed, confirmed and delivered based on established delivery schedules.
  • The ordering location will define delivery requirements and will establish a mutually agreed upon delivery schedule with the vendors.
  • Vendors must make delivery of the items as requested by the ordering facility.
  • Vendor must deliver goods to the department within 3 business days after receipt of order (ARO). Items delivered after 3 business days may be unacceptable and returned to the vendor at no cost to the Commonwealth unless a special order is involved.
  • Any change in the specified delivery schedule requires approval by the ordering facility. 
  • The ordering facility may establish weekly, semi-weekly, or daily scheduled deliveries. 
  • The ordering facility may also schedule individual deliveries when placing the order. 
  • Any items not delivered on schedule may be canceled at no cost to the Commonwealth. 
  • If the ordering facility must purchase non-delivered items from another source, the vendor must cover any additional costs incurred by the facility for these items.
• Vendors must place grocery products in the delivery location coolers, if applicable, immediately upon delivery. 
  • Any spoilage due to non-compliance with this requirement will be returned at the vendor’s expense.
  • Delivery staff must rotate products in the delivery location’s freezer upon making a new delivery. 
• Departments are not required to accept any product that is visibly damaged, dented, squeezed, or torn. 
• Vendors must replace any item received in unacceptable condition at no cost to the ordering facility. 

Delivery Requirement for the Department of Correction

The vendors must meet all Department of Correction security requirements applicable to each facility. Requirements may include, but are not limited to: 

• Inspection and search of all delivery vehicles including driver, cab, and all contents inside
• All drivers must pass a CORI background check 
• No split load deliveries
• Adhere to strict delivery time requirements and any other security requirements as deemed necessary by the department or institution 
• Vendors may be asked to deliver products outside the established delivery schedule to respond to an emergency.  

Will Call Orders

Vendors will offer a will call service for immediate delivery requests. The contract user must be willing to pick up the order, and all will call orders must be collected within 24 hours of the request. The vendors may be asked to provide emergency delivery at no cost to the Commonwealth.

Returns

Please refer to the following guidelines:

• Product acceptance: Contract users may not accept delivery of any product that is expired or visibly damaged. Within seven days of delivery, the product will be inspected. The vendor will be notified of any rejected product(s). 
• Replacements: Vendors must replace rejected product(s) immediately at no additional expense to the facility. 
• Returns and credits: Vendors will give a full credit and pick up items incorrectly ordered or delivered within three days of the contract user's request. Vendors will allow for the return of items in unopened, unmarked original packaging.

Order Fill Rates

Please refer to the following guidelines:

• Fill rate requirement: The vendor must achieve a minimum 99% monthly fill rate for each contract user. The fill rates for Food and Nonfood items are calculated separately.
• Food item fill rate:
  • Calculated by dividing the number of line items delivered on time by the number of line items scheduled for delivery, then multiplying the result by 100.
  • Accepted item substitutions contribute positively to the fill rate.
  • Unaccepted substitutions negatively impact the fill rate.
• Nonfood item fill rate:
  • Calculated by dividing the number of line items delivered on time by the number of line items scheduled for delivery, then multiplying the result by 100.
  • Back orders are included in the calculation if a delivery date was set.
  • Timely back orders contribute positively, while late back orders reduce the fill rate.
  • If a delivery date is not specified for a back order, it will count against the fill rate.
• Credit for missed fill rate:
  • If a fill rate is below 99%, the contract user can invoke a "fill rate credit" by notifying the vendor within 15 days of the following month.
  • Failure to meet the fill rate results in a 0.5% credit on the total order volume for the applicable month.
  • The vendor will apply this credit to an invoice in the following month.
  • The vendor has the right to appeal the fee with documentation that justifies the lower fill rate. 

The contract user can adjust the number of line items and recalculate the fill rate if:

• The vendor cannot obtain the items from a supplier.
• The user orders the same item multiple times within a three-day period.
• The user appeals their own decision to the SST, whose ruling is final.
  

Vendors in this Statewide Contract offer the following discounts, which may vary for each vendor:

• Dock Delivery Discount: A discount is provided if product is delivered directly to the loading dock.
• Volume Discount: A discount is provided to the buyer if a certain volume of product or service is purchased.
• Other discounts as applicable, for example, Quarterly Rebate Incentives and Culinary Equipment and Supplies (CES) Non-Stock Markup. Any discounts available to the vendor under this Statewide Contract shall be passed through in full to the customer.

Note: Vendor discounts are detailed in the Vendor List table and the price files within each vendor's Master Blanket Purchase Order (MBPO) or Master Contract Record MBPO.

Vendors on this contract may be required to provide products or services in cases of statewide emergencies. The 801 CMR 21.05(3) defines emergency for procurement purposes. Visit the Emergency Response Supplies, Services and Equipment Contact Information for Statewide Contracts list for emergency services related to this contract.

Vendors' performance is measured by several factors, including the following:

• Buyers provide actionable feedback on vendors for this contract to optimize performance through the Procurated platform. On the Procurated website, click "Search for a Massachusetts Vendor to Review", then search for the vendor by name and select them from the list. Once you enter your professional email address, you will be forwarded to the review screen.
• Buyers are encouraged to reach out to the Category Manager(s) (Michael Barry or Kelly Minichello) if vendors are not meeting their contractual obligations and buyers may be surveyed for vendor performance feedback.
• Vendors will be evaluated on their current performance and may be asked to work with the Commonwealth toward improvement.
• Vendors must meet all contractual requirements throughout the life of the contract, including requirements for timely and accurate report submission, to remain in good standing under the contract.
  

For general procurement guidelines and best practices, follow these recommendations:

• Buyers should inform vendors to reference Statewide Contract GRO38 on all quotes and invoices.
• No prepayment should be made for products not yet delivered or services not yet rendered.
• No sales tax should be applied to invoices.
• No fees or surcharges (including travel, fuel, delivery) should be applied to invoices.
• Special order fees must be agreed upon by both parties upfront.
• Payments for products or services provided must be paid within 45 days per Massachusetts Bill Payment Policy, or sooner if applying Prompt Payment Discount.
• Buyers are not required to sign additional agreements with vendors that conflict with the Request for Response (RFR) Terms and Conditions. Contact the Category Manager(s) (Michael Barry or Kelly Minichello) for guidance. 
• Vendors must notify buyers of product substitutions.

To add a product or service to the list of eligible products or services sold under this contract, buyers must contact their Category Manager(s) (Michael Barry or Kelly Minichello) for approval. The new product or service requested must comply with the established specifications and scope of the contract.

Buyers are encouraged to request from the vendors environmentally preferable options on this contract including, but not limited to:  

• Organic: Certified USDA Organic, meaning that it comes from a farm or business that has been certified. To find organic options from their Market Basket pricing, select the vendor MBPO from the vendor list and information section below, and open their Market Basket response sheet, and navigate to the “produce” tab.
• Locally Sourced: 
  • Produce: Must be grown and processed within 250 miles of the purchasing entity’s location or sourced from farms with annual gross sales of $5 million or less.
  • Meat and Poultry: Must be produced within 500 miles or sourced from farms with annual gross sales of $50 million or less.
• Healthy Choice Option: All bread product flour must be whole grain (WG), Trans fat free (TFF), sodium reduced (LS) (215 mg sodium/slice or serving) and meet the added sugar (< 35% sugar) guidelines in the MA Nutrition Standards.
• Fair Trade: All applicable products must be certified Fair Trade, ensuring they meet rigorous social, environmental, and economic standards.  
  

Learn More

Explore the Environmentally Preferable Products (EPP) Procurement Program and discover detailed guidance in the EPP Products and Services Guide.

When placing orders with a vendor, MOSAIC users must reference the contract ID number GRO38* in the Agreement ID field in MOSAIC for encumbrances related to purchases from Statewide Contracts. Please address all inquiries regarding MOSAIC technical support and job aids by emailing the Comptroller Help Desk or by calling 617-973-2468. 

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MOSAIC).

Product Trials, Pilots, and Demonstrations

Sample products for evaluation purposes only may be requested by eligible entities using the statewide contract. The samples must be provided to the requesting departments at no additional cost to the Commonwealth.

Label Specifications

Please refer to the following guidelines:

• Compliance and labeling: The vendor warrants that all products delivered under this contract shall comply with all applicable U.S. Food and Drug Administration (FDA) labeling guidelines, unless otherwise agreed upon in writing by the ordering facility.
• Nutritional and ingredient information: The vendor shall make product ingredient lists and nutritional analyses available to contract users either on the vendor's public website or by providing a hard copy upon request. 
• Allergen notification program: The vendor agrees to participate in the development of a product ingredient change notification program, which may be established by the ordering facility during the term of this contract to address food allergy concerns.
  

Recalls

In the event of a product recall, the vendor must provide a recall notification to all affected contract users within 24 hours. The vendor shall credit user accounts for recalled items and handle the collection, replacement, and disposal of these items at no cost to the Commonwealth.

Inspection

Please refer to the following guidelines:

• The vendor must make sure that all work done for this contract is performed in a clean and safe environment.
• All food and products provided must meet every sanitation standard set by local, state, and federal laws.
• Strategic Sourcing Team (SST) can inspect the vendor's trucks, warehouses, or other food service areas at any time, as long as SST gives 24 hours' notice.
• If a government agency or professional organization inspects the vendor, the vendor must send a copy of the inspection report to SST. This report must include a plan for fixing any problems found.