GRO42: K-12 School Nutrition Products–This Statewide Contract (SWC) is for the acquisition of organic and non-organic produce, groceries, meat, seafood, and locally sourced foods. This contract that can assist K-12 schools and other eligible entities in the Commonwealth to comply with federal and state procurement regulations, including, but not limited to, the USDA Buy American provision. Food products under this contract will include, but are not limited to, fresh fruits, vegetables, herbs, canned goods, cereals, meats, seafood, frozen foods, pasta, specialty foods, or any other food product categories identified in the Vendor Order Guide/Vendor Market Basket Price File. 

This contract does not replace GRO38 Prime Grocers, GRO39 Drinking Water, and GRO41 Dairy Products and Baked Goods (or their successor contracts) but some overlap is expected.

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 with Request for Response (RFR) and Statement of Work (SOW), refer to the GRO42 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 
• Gain greater efficiencies in School Nutrition Programs
  

This contract includes three categories of products, listed as follows:

Category 1: Produce–including fresh fruits, vegetables, herbs, and organic and locally sourced products.

Category 2: Groceries–high volume commercial grocery distributors that specialize in K-12 school nutrition products. Expected start date late summer 2025.

Category 3: Locally Sourced Foods–food hubs, local food processors, local farmers, fisheries, and meat processors that focus on locally sourced and organic products. Expected start date Winter 2025.

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 Weekly Vendor Order Guide 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 pricing options are outlined as follows:

• Ceiling/Not-to-Exceed: The contract's published pricing, including discounts, is a maximum price or 'not-to-exceed' limit and may be subject to further negotiation.
• Weekly Vendor Order Guide: To obtain the Weekly Vendor Order Guide, eligible entities must directly contact the vendor to get established on their applicable weekly distribution list. The Vendor’s contact information is listed in the Vendor List and Information section.

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 provides for the following methods of purchase:

• Quote Solicitation: Buyers may solicit quotes from multiple vendors, 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 the How 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.

•  Document Items in COMMBUYS That Have Already Been Purchased: 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 GRO42 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.

The Buyers must complete a detailed SOW when soliciting quotes. Buyers are encouraged to use the GRO42 SOW  in the GRO42 Master Contract Record under the Agency Attachments section.

The following are examples of required information on the SOW (your organization may require more details):  

• Period of Performance
• Delivery Times
• Delivery Days
• Minimum Quality Requirement
• Delivery Ticket
• Vendor Weekly Order Guide
• Buy American Provision
• Buyer Responsibilities
  

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). 

Delivery Terms and Schedules

Refer to the following guidelines:

• FOB destination: All deliveries will be FOB (Free On Board) destination.
• Established schedules: Orders will be processed, confirmed, and delivered based on established delivery schedules.
• Defining requirements: The ordering location will define the delivery requirements and establish a mutually agreed-upon delivery schedule with the vendor(s).
• Mandatory delivery: The vendor(s) must make delivery of items as requested by the ordering facility.
• Scheduling contact: The vendor(s) must call or email the designated contact person at the facility to schedule deliveries.
• Schedule changes: Any change to the specified delivery schedule is subject to approval by the ordering facility.
• State holidays: Vendors may not attempt deliveries on official state holidays unless specifically requested by the ordering facility.
• Determining time and date: The ordering location will determine the specific delivery time and date.
• Flexible scheduling: Delivery schedules will conform to the location's requirements. Locations have the option of establishing weekly, semi-weekly, or daily deliveries, or scheduling individual deliveries with each order.
• Canceled orders: Any item not delivered during an established delivery period may be canceled at no cost to the Commonwealth.
• Alternate purchasing: The Commonwealth reserves the right to purchase such items elsewhere if deemed necessary.
• Vendor responsibility for costs: Any additional costs incurred by the Commonwealth due to the vendor's failure to deliver will be the vendor's responsibility. 

Delivery Requirements for K-12 School Districts

Delivery times should be agreed upon between the site and the vendor. School districts will typically accept deliveries between 6 a.m. and 2 p.m. Mondays to Fridays. 

Substitutions

If a product becomes unavailable, eligible entities must be notified a minimum of 24 hours before delivery. The awarded vendor must provide a substitute item. Any substitute item must follow the pricing structure of the contract, and it cannot exceed the price per serving of the original sourced item. Eligible entity must approve the substitute item prior to delivery.

Will Call Orders

In instances where immediate delivery of an order is necessary, and the contract user is willing and able to perform the pickup themselves within 24 hours of the request, the vendor shall provide for and facilitate the order as a Will Call Order to meet urgent need. 

Returns

• Product inspection and rejection:
  • Products must be inspected within 24 hours of delivery.
  • Eligible entities may reject any product that is expired or visibly damaged.
  • If a product fails inspection, the vendor must replace it immediately at no extra cost to the facility. 
• Handling rejected products: 
  • The School Food Authority (SFA) will hold the rejected item at its original temperature.
  • The SFA will attempt to return the product promptly in its original packaging.
  • The SFA will dispose of any item that is leaking, infested, or otherwise unsafe to store.
  • The bidder must issue a credit or return authorization for pickups as soon as possible.
  • A credit memo or invoice must be completed within 14 days and sent to the SFA.
  • Bidders must provide details of their credit and return processes with their Request for Response (RFR) submission.

The vendor shall accept returns under the following (but not limited to) conditions: 

• Items shipped in error.  
• Items damaged in shipment.  
• Items with hidden or concealed damage.  
• Items that are recalled.  
• Items that do not meet reasonable shelf-life requirements. An example of a minimum shelf-life requirement would be seven days from date of receipt by the appropriate SFA.  
• Items that do not meet minimum quality requirements.  
• Items delivered in unsanitary delivery vehicles. 
• Items delivered that were below/exceed the minimum/maximum specified temperature.  
• Items delivered that do not meet the Buy American provision. Refer to RFR section 4.6 for more information.

Order Minimum 

Vendors will be responsible for providing their order minimum threshold in the bidder response form. Vendors are encouraged to offer a threshold of less than $150, as there are school districts that require lower thresholds. School districts that require lower thresholds will be responsible for soliciting quotes from participating vendors for pricing.  

Fuel Surcharge Provisions 

Any bidder(s) awarded a contract will not charge any additional fuel surcharges on any order received from departments. Departments will not be required to pay any additional fuel surcharges upon receipt of vendor invoicing.

A Volume Discount is provided to the buyer if a certain volume of product or service is purchased.

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.
  

• Vendor performance may also be evaluated based on the following:
• Responsiveness to Request for Quotes:
  • Performance Target: 98%
  • Measure: Total number of acknowledged COMMBUYS quotes divided by the total number of COMMBUYS quote requests received
• Adherence to delivery timeframe window (6 a.m. to 2 p.m.)
• Quality of produce
• Adherence to Buy American provision

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

• Buyers should inform vendors to reference Statewide Contract GRO42 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.

Vendors on this contract are required to identify third-party environmental certifications and standards in all catalogs to assist buyers interested in finding and purchasing such items. This includes, but is not limited to, those meeting the following as outlined in section 4.2.2 of the Request for Response (RFR): 

• Certified USDA Organic, meaning that it comes from a farm or business that has been certified. 
• Locally Sourced (produce that is produced within a 400-mile radius of the State House in Boston, Massachusetts).
• Certified Non-GMO.
• Meets any of the certifications for Fair and Ethical Trade, animal welfare, grass fed, and environmental and ethical seafood. 

To find options, visit each vendor’s price file located in their Master Blanket Purchase Order (MBPO).

Statement of Work (SOW): The SOW template provided in the GRO42 Master Contract Record for this contract includes a requirement for the delivery ticket to indicate if product is Organic or Locally Sourced. 

Packaging: Request packaging that is Styrofoam-free, made with recycled content, or compostable. 

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 GRO42* 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).

Buy American Provision

Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 requires schools participating in the School Breakfast Program and National School Lunch Program in the contiguous United States (US) to purchase, to the maximum extent practicable, domestic commodities or product for use in the meals served under these programs. The legislation defines "domestic commodity or product" as one that is produced in the US and is processed in the US substantially using agricultural commodities that are produced in the US.  

In order that schools can maintain these mandatory standards, vendors are required to supply these domestic commodities to the schools. Vendors are therefore required to provide produce that are grown in the US or where not grown, are processed in the US substantially using agricultural commodities produced in the US.  

"Substantially" means that over 51% of the final processed product consists of agricultural commodities that were grown domestically.  

The Buy American provision aims to limit products from outside the US being supplied by vendors to the K-12 school districts and other eligible entities. To ensure this standard is enforced, vendors are required to indicate the origin of their products when providing their weekly price list.  This will allow the district to decide whether they want the item from outside the US or not, as an exception. This will also help the vendors avoid delivery issues; if the district is previously unaware that an item originates outside the US, and is subsequently delivered to them, it may be rejected. Vendors are encouraged to engage buyers in more details around their expectations for the Buy American provision, before entering into an agreement.  

 As noted, there may be times when exceptions are accommodated to the Buy American provision as a last resort. In those instances, the buyer will first approve an item from outside of the US based on an exception. They will then contact the vendor for supporting documentation to justify this exception. The vendor is expected to provide this information to the buyer who is usually the district’s food services director.  

Overall, this provision places the responsibility on the school district to comply with this provision and, if necessary, maintain supporting documentation. This provision is included in this Request for Response (RFR) so that the vendor understands the following expectations:  

• The desire to limit the number of non-domestic items offered 
• The fact the district can and may ask for supporting documentation  
• The school districts will have the right to reject a non-domestic item, if it was previously stated that said item(s) had a “domestic” origin
  

Please refer to the price list for each vendor on GRO42 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.