GRO41–Dairy Products and Baked Goods: This Statewide Contract (SWC) covers dairy and baked goods, with the possibility of incorporating alternative, healthy, locally sourced, and organic options, if available. Additionally, the products offered may feature or be certified by reputable third-party agencies for dairy and bakery products such as Certified Humane® Raised & Handled, Certified Grassfed, and the Rainforest Alliance. This contract also promotes eco-friendly packaging, including reusable or recycled materials, optimized packaging sizes, and minimizing or eliminating Styrofoam.

This contract uses a market basket structure, allowing buyers to purchase discounted items from a pre-selected list. Additionally, buyers can purchase items from the vendor's supplemental catalog if the product falls within the contract's scope.

For Master Contract Record, refer to GRO41 Master Contract Record.

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.

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 (2) categories of products listed as follows:  

• Category 1: Dairy Products - includes, but are not limited to, dairy products in various size cartons, containers, bottles, etc. and various flavors of milk, juices, yogurts, cream cheese and ice cream.
• Category 2: Baked Goods - includes, but are not limited to, hamburger rolls, hot dog rolls, dinner rolls, sub rolls, whole wheat bread, sliced breads, English muffins, and donuts.

Additional Dairy and Baked Goods products not identified in the Contract Award may also be purchased from the contractor if the products fall under the scope/description of the Dairy Products and Baked Goods Statewide Contract. In addition, contractors may be asked to make cooler and freezer equipment available for contract users.

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.

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 can access the price files and vendor catalogs without needing to sign into a COMMBUYS account.

• Vendor Price File: All vendors have been provided with a Microsoft Excel file outlining their awarded pricing, including approved manufacturers and the awarded discount percentage off MSRP for their base price. If a vendor does not have a manufacturer listed in their awarded price file, the vendor must contact the Category Manager (Michael Barry or Kelly Minichello) to get the manufacturer added before they can sell their products on GRO41. If a vendor is not honoring their discount pricing from the price file, then the customer should contact the Category Manager.
• Ceiling/Not-to-Exceed: The contract's published pricing, including discounts, is a maximum price or 'not-to-exceed' limit and can be subject to further negotiation.

Note: If applicable, to view product pricing, refer to the Vendor List and Information and the provided links to the respective Master Blanket Purchase Orders (MBPOs).

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

This contract provides for the following methods of purchase:

• Quote Solicitation: Buyers may solicit quotes from multiple vendors (refer to the Vendor MBPO Listing), award vendors, and place orders through COMMBUYS. A solicitation-enabled contract allows the buyer to solicit quotes from vendors who have Master Blanket Purchase Orders (MBPOs) or Statewide Contracts in COMMBUYS. The buyers may create a solicitation-enabled bid using a release requisition, converting the requisition to a bid, and then requesting quotes from eligible vendors.

Refer to theHow to Request Quotes from Vendors on Statewide Contracts job aid for more details.

• Direct Purchase of Fixed Price Items on COMMBUYS: Used for products and services with fixed pricing and is viewable in vendor catalogs or price files. Refer to the Vendor MBPO Listing 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.

Eligible Entities/Buyers shall conduct a comprehensive cost and value analysis among the listed vendors to determine the most advantageous offer, whereupon the contract user's department may issue a purchase order. Awarded vendors contact information is listed in the Vendor List and Information.

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 GRO41 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.

The awarded vendor’s use of subcontractors is subject to the provisions of the Commonwealth’s Terms and Conditions and Standard Contract Form, as well as other applicable terms of this Statewide Contract (SWC). 

For shipping, delivery, and returns, please follow these guidelines:

• There is a $25 order minimum per delivery.
• All quotations shall indicate Free on Board (FOB) destination. FOB destination means delivered and unloaded to all the Commonwealth departments, cities, towns, and political subdivisions within the Commonwealth of Massachusetts, with all charges for transportation and unloading prepaid by the vendor(s).
• All purchase orders will be processed, confirmed, and delivered based on established delivery schedules.
• The ordering location will define delivery requirements (delivery time and date) and will establish a mutually agreed upon delivery schedule with the vendor. Delivery schedules will conform to location requirements.
• Vendors must make delivery of items as requested by the ordering facility and call the facilities to schedule delivery. Any change in the specified delivery schedule is subject to approval by the ordering facility. The vendor may not attempt to make deliveries to any facility on official state holidays, unless requested to do so by the ordering facility.
• Locations will have the option of establishing weekly, semi-weekly, or daily scheduled deliveries, or to schedule individual deliveries when placing the order.
• Any item not delivered during an established delivery period may be canceled at no cost to the Commonwealth and the Commonwealth reserves the right to purchase such items elsewhere if deemed necessary. Any additional costs incurred by the Commonwealth because of the vendor’s failure to deliver will be the responsibility of the vendor.

Additional Requirements by Category:

Category 1–Dairy Products:

• Vendors must place dairy products in the delivery location coolers immediately upon delivery. Any spoilage due to non-compliance with this requirement will be returned at the vendor’s expense.
• All dairy products must be delivered in refrigerated trucks only.
• Delivery staff must rotate products in the delivery location’s refrigerator and or freezer upon making a new delivery.
• The temperature of the dairy products upon delivery must not be warmer than 41 degrees Fahrenheit. Any dairy product delivered that does not conform to this requirement will be returned at the vendor’s expense.
• No minimum orders will be allowed for dairy products, and it is desirable that no minimum order be required for ice cream products.

Category 2–Baked Goods:

• All products must be delivered within 48 hours of baking with an additional 96 hours of documented shelf life upon receipt of delivery.
• Ordering and delivery information must be made available to contract users upon request.
• Contract users must be notified of any incorrect or short orders prior to delivery.
• Incorrect or short orders must be corrected to the contract user’s satisfaction within 24 hours.
• Vendors shall provide a "Will Call" option for contract user orders. Orders designated for "Will Call" shall be available for pickup by the authorized Contract User or their designated representative within twenty-four (24) hours of the request or order placement, unless otherwise specified and agreed upon by both parties.
• Product will be inspected upon receipt of delivery.
• Contract users may not accept the delivery of any product that is expired or visibly damaged.
• If a product fails inspection by the receiving facility, the product will be rejected, and the vendor must replace it immediately at no additional expense to the facility.

Specific Delivery Requirements for the Department of Correction:

• Vendors must meet all Department of Correction security requirements applicable to each facility.
• All drivers must pass a Criminal Offender Record Information (CORI) background check.
• Inspection and search of all delivery vehicles including driver, cab, and all contents thereof, including locking gas or fuel caps
• No split load deliveries where required
• Strict delivery time requirements
• 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 emergency situations

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.
  

• Vendors are required to submit quarterly sales reports.
• Vendors are required to meet Supplier Diversity commitments.
• Vendors are required to remit a quarterly 1% administration fee on total amounts paid by Eligible Entities
  

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

• Buyers should inform vendors to reference Statewide Contract GRO41 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.

This contract provides the following environmentally preferable dairy and bakery options:

• Organic: Certified USDA Organic, meaning that it comes from a farm or business that has been certified.
• Locally Sourced: Sourced from within 60 miles of the Massachusetts border.
• 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 Massachusetts Nutrition Standards.

To find organic or locally sourced options, navigate to each of the vendor’s Master Blanket Purchase Order (MBPO), and view their Bidder Response Form, tabs “Cat 1: Dairy Products Pricing” and “Cat 2: Baked Goods Pricing”. 

Executive Order No. 619: Eliminating the Purchase by the Executive Department of Single-Use Plastic Bottles 

Effective September 21, 2023, and in compliance with Executive Order (EO) No. 619, “Eliminating the Purchase by the Executive Department of Single-Use Plastic Bottles,” Operational Services Division (OSD) will no longer allow purchases of single-use plastic bottles under 21 fluid ounces by Executive Departments. As defined in EO No. 619 “single-use plastic bottles” refer to a beverage in a sealed rigid plastic bottle having a capacity of 21 fluid ounces or less. Governor Healey’s Executive Order on September 21, 2023, recognizes that climate change is significantly and adversely affecting humans, wildlife, communities, the economy, and infrastructure of the Commonwealth of Massachusetts.

Justify Single-Use Plastic Bottle Purchasing, Use, or Sale 

Purchases of single-use plastic bottles now require Executive Agencies to file the Single-Use Plastic Bottle Procurement Justification form as part of their Procurement File in COMMBUYS. Purchases are limited to the following circumstances: 

• No alternative is available or practicable
• Necessary to protect health, safety, and welfare
• Compliance with the EO would conflict with contract requirements or labor agreements in existence as of September 21, 2023, or conflict with agreements solicited before September 21, 2023 
• To prepare for an emergency. Refer to the Instructions for Massachusetts Management Accounting and Reporting System (MOSAIC) Users for more information. 
  

When placing orders with a vendor, MOSAIC users must reference the contract ID number GRO41* 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).

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 the Executive Order 509 Fact Sheet for detailed information.

Label Specifications

Any product delivered under this contract must meet the Food and Drug Administration (FDA) label guidelines unless otherwise specified by the ordering facility. The vendor must provide an ingredient list and nutritional analysis to contract users upon request. Due to the increasing prevalence and seriousness of food allergies, vendors may be asked to participate in developing and implementing a program for timely notification of any ingredient or process changes during the life of the contract. 

Product Specifications, Including Environmental Standards and Requirements

Category 1–Dairy Products: If any product, despite being within its marked date code, appears or tastes spoiled/sour, the user department reserves the right to reject the item. The vendor shall be responsible for the immediate replacement of such rejected product, or issuance of full credit, at no additional cost, including any associated shipping or handling fees. All dairy products must be date coded in an easy-to-read format. The vendor must provide clear instructions on reading date-coded information.

Category 2–Baked Goods: Products provided under this contract must not contain poppy seeds, sesame seeds, or lard unless expressly requested by the ordering facility. Grain/bread products provided under the contract must be made from enriched whole-grain meal or flour unless expressly requested by the ordering facility. All baked goods must be date coded in an easy-to-read format.

Please refer to the price list for each vendor on GRO41 to verify the counties they service. All price sheets are housed in the vendor file or the vendor’s Master Blanket Purchase Order (MBPO). The counties they service should be included in the top row of each price column. 

The Commonwealth of Massachusetts has been divided into fourteen counties that include specific counties as indicated in the Map of Massachusetts Counties in the Massachusetts Maps web page and the following list:

See the Vendor List and Information for regions covered.