CDE Vended Meal RFP 26-27_HPA_CDE Review 3.6.26 FINAL.pdf

CHILD NUTRITION PROGRAMS

Colorado Charter School Institute

SPONSOR

High Point Academy

SCHOOL

VENDED MEALS

REQUEST FOR PROPOSAL

AND

CONTRACT

Colorado Department of Education School Nutrition Unit

1525 Sherman St, Suite 309 Denver, CO 80203

Phone (303) 866-6661 Website http://www.cde.state.co.us./nutrition

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA

Program Discrimination Complaint Form which can be obtained online at:

https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-

508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. mail:

U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW Washington, D.C. 20250-9410; or

2. fax:

(833) 256-1665 or (202) 690-7442; or

3. email:

program.intake@usda.gov

This institution is an equal opportunity provider.

http://www.cde.state.co.us./nutrition https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf mailto:program.intake@usda.gov

REQUEST FOR PROPOSAL AND CONTRACT INDEX

Contents

I. INTRODUCTION

II. REQUEST FOR PROPOSAL / INSTRUCTIONS

A. Legal Notice B. Request for Proposal C. Procurement Method D. Pre-Proposal Meeting / Timeline E. Proposal Submission and Award F. Late Proposals G. Altering, Amending or Withdrawing Proposal H. Calculation of Time I. Firm Offer J. Final Contract

III. STANDARD TERMS AND CONDITIONS

A. Definitions B. Scope and Purpose C. Food Service D. Use of Advisory Group/Menus E. Purchases F. USDA Foods (Does not apply to SFSP) G. Employees H. Use of Facilities, Inventory, Equipment, and Storage I. Health Certifications/Food Safety/Sanitation J. Financial Terms Fixed Fee per Meal Proposal K. Record Keeping L. Term and Termination M. Insurance N. Trade Secrets and Proprietary Information O. Optional Services to be Included .......................................................................... Error! Bookmark not defined.

P. Healthy School Meals For All Funding Opportunities ............................................ Error! Bookmark not defined.

Q. Certifications R. Miscellaneous

IV. AGREEMENT

EXHIBIT A: SITE INFORMATION [TO BE COMPLETED BY SPONSOR)

EXHIBIT B: MENU CYCLES [TO BE COMPLETED BY SPONSOR]

EXHIBIT C: LIST OF SPONSOR CHARTS AND ATTACHMENTS

EXHIBIT D: FOOD SPECIFICATIONS

EXHIBIT E: PLAN FOR UNANTICIPATED SCHOOL CLOSURES

EXHIBIT F: CONTRACT PROVISIONS FOR SPONSOR CONTRACTS UNDER CNP AWARDS

EXHIBIT G: DEBARMENT AND SUSPENSION FORM

EXHIBIT H: CERTIFICATION REGARDING LOBBYING

EXHIBIT I: ANTI-COLLUSION AFFIDAVIT

I. INTRODUCTION

This document contains a Request for Proposal for providing vended meals for Colorado Charter School Institute (Sponsor) on behalf of High Point Academy (School) participation in the United States Department of Agriculture’s (USDA) Child Nutrition Programs (CNP) and sets forth the terms and conditions applicable to the proposed procurement. Upon acceptance, this document, the offeror’s proposal, and approved amendments or addendums to this document shall constitute the contract between the offeror and the school under CSI SFA.

The Sponsor has full responsibility for ensuring that the terms of the contract are fulfilled. Sponsors must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of the contract. The Colorado Department of Education (CDE) is never a party to any contract between a sponsor and a Vendor. CDE has no involvement with the enforcement of this contract; however, payment can be denied for all meals received / purchased, if a vendor fails to meet the terms and conditions of the contract.

The School/ Sponsor alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the Sponsor of any contractual responsibilities under its contracts.

USDA will not substitute its judgment for that of the Sponsor unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction.

II. REQUEST FOR PROPOSAL / INSTRUCTIONS

A. Legal Notice Notice is hereby given that Colorado Charter School Institute, hereinafter referred to as the Sponsor, intends to examine alternatives to its present food service program, including self-preparation.

No intent should be construed from this legal notice that Sponsor intends to enter into a contract with any party for alternative food service unless, in the sole opinion of School under CSI SFA, it is in Sponsor’s best interest to do so.

All costs involved in submitting a response to this Request for Proposal (RFP) shall be borne in full by the interested party.

School/Sponsor reserves the right to accept any proposal which it determines most favorable to the interest of Sponsor and to reject any or all proposals or any portion of any proposal submitted which, in Sponsor’s opinion, is not in the best interest of Sponsor.

The Offeror to this RFP will be referred to as the Vendor, and any contract that may arise from this Request for Proposal (RFP) will be between the Vendor and the School under CSI SFA.

B. Request for Proposal

1. School/ Sponsor will consider a proposal for fixed fee per meal only. The fixed fee per meal shall be inclusive of delivery and other services requested by the School under CSI SFA such as serving the meals or running the point-of-sale system.

2. In accepting proposals, Colorado Charter School Institute reserves the right to reject any and all proposals and to waive any minor informality in order to take the action which it deems to be in the best interest of School under CSI SFA.

3. Offerors must submit a complete response to this Request for Proposal (RFP), including all certifications, for consideration as a responsive proposal.

4. Contracts entered into on a basis of submitted proposals are revocable if contrary to law.

5. See Standard Terms and Conditions herein below.

C. Procurement Method

1. Procurement Method will be the Competitive Proposal which differ from the traditional sealed bid method with the application of the following requirements:

a. The CDE Vended Request for Proposal Template is required when the estimated contract value exceeds the Federal Simplified Acquisition Threshold of $350,000. The Sponsor must incorporate all CDE required changes to its solicitation documents before issuing those documents

b. Requests for proposals will be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals shall be honored to the maximum extent practical;

c. Proposals will be solicited from an adequate number of qualified sources;

d. Sponsor must have a written method for conducting technical evaluations of the proposals received and for selecting awardees;

e. Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered;

f. Awards will be made only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

2. Discussions for the purpose of clarification may be conducted with responsible offerors who submit proposals determined to be considered for award selection, to assure full understanding of all terms and conditions of the RFP response and Contract requirements following state regulations and Sponsor policy. It is expected that the negotiation process will result in the selection of the successful offeror. However, if after negotiations, two or more offerors are still under consideration, the SFA must make a final selection, using an unbiased method, e.g., the bidders are asked to submit a best and final price. The offerors should be informed of the situation and the method the school/SFA will use to select the successful offeror. The award should be made to the responsible offeror whose proposal is most advantageous to the School under CSI SFA, price and other factors considered, with price the primary factor.

3. In conducting these discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

4. All procurement transactions shall be conducted in a manner that provides maximum open and free competition consistent with 2 CFR § 200.319. Some of the situations considered to be restrictive of competition include but are not limited to: placing unreasonable requirements on firms in order for them to qualify to do business, requiring unnecessary experience and excessive bonding, Noncompetitive pricing practices between firms or between affiliated companies, noncompetitive awards to consultants that are on retainer contracts, organizational conflicts of interest, specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance of other relevant requirements of the procurement, and any arbitrary action in the procurement process.

5. The School under CSI SFA must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest.

This applies if the Sponsor has a parent, affiliate, or subsidiary organization that is not a state, local government or Indian tribe.

6. Sponsor will maintain records sufficient to detail the significant history of the procurement. These records must include but are not limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

D. Pre-Proposal Meeting / Timeline A meeting with interested offerors to review the specifications, to clarify any questions.

1. Date/ Time: March 24, 2026 1:00 PM_

2. Location or link to virtual meeting: https://us02web.zoom.us/j/89058794818

3. Attendance is required

4. Vendor presentations will not be required but are encouraged at this time.

E. Proposal Submission and Award

1. Sponsor must use this CDE prototype Vendor Request for Proposal and Contract. Sponsors who do not complete the required procurement procedures cannot be approved for participation in the USDA reimbursement programs.

2. Sponsor must select the method in which to submit proposals:

Submit Competitive Proposals via email to:

Name of Sponsor Contact: Ilene Agustin Email Address: IleneAgustin@csi.state.co.us

3. Submit Proposals must be submitted by:

a. Time: 9:00AM (proposals will not be accepted after this time)

b. Date: April 27,2026

c. Location: IleneAgustin@csi.state.co.us__

d. Proposal submitted marked “Vended Meals Proposal, Colorado Charter School Institute on behalf of High Point Academy”.

1. Bonding Requirements (Required for SFSP). The Vendor shall obtain bid or performance bonds in accordance with 7CFR 225.15(m)(7):

a. Bid guarantee (required when the entire value of the Contract exceeds $350,000):

i. Offeror shall submit with his or her bid guarantee in the amount of $ 350,000 not less than 5 percent or more than 10 percent of total bid price,

ii. Shall be in the form of a firm commitment only from surety companies listed in the current Department of the Treasury Circular 570. No sponsor or State agency shall allow vendors to post any “alternative” forms of bid or performance bonds, including but not limited to cash, certified checks, letters of credit, or escrow accounts.

iii. Bid guarantees other than bid bonds will be returned

a. to unsuccessful offerors as soon as practicable after the opening of proposals and

b. to the successful Offeror upon execution of such further contractual documents (i.e., insurance coverage) and bonds as may be required by the bid.

b. Performance guarantee (required when the entire value of the Contract exceeds $350,000):

i. Vendor must obtain a performance bond in the amount of $ 350,000 (not less than

10 percent nor more than 25 percent of the value of the Contract) which shall be in the form of a firm commitment only from surety companies listed in the current Department of the Treasury Circular 570. No sponsor or State agency shall allow vendors to post any “alternative” forms of bid or performance bonds, including but not limited to cash, certified checks, letters of credit, or escrow accounts.

Performance bonds for the successful Offeror shall be held for the duration of the Contract.

4. To be considered, each offeror must submit a complete response to this solicitation using the forms provided.

a. No other documents submitted with the RFP and Contract will affect the Contract provisions, and there may be no modifications to the RFP and Contract language.

b. In the event that Offeror modifies, revises, or changes the RFP and/or Contract in any manner, Sponsor may reject the offer as non-responsive.

5. Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered (2 CFR 200.320)

a. A responsible offeror is one whose financial, technical, and other resources indicate an ability to perform the services required.

b. Offeror shall submit for consideration such records of work and further evidence as may be required by the Sponsor’ s Board of Trustees.

c. Failure to furnish such records and evidence, or the inclusion of any false or misleading information therein shall be sufficient cause for the rejection of the proposal or termination of any subsequent contract.

d. The qualification data shall be submitted by each offeror along with the proposal, and shall include the following:

i. Offeror must be incorporated or licensed to do business in the State of Colorado and must be registered with the Colorado Department of Education (CDE) Office of School Nutrition (OSN).

ii. Annual reports or financial statements for the past fiscal year, certified by a licensed public accountant, must be included in the pre-qualification data.

iii. Information that offeror is doing business with like school systems and is familiar with the regulations pertaining to operations in such environments, if applicable.

6. Offerors or their authorized representatives must fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so will be at the offeror’s own risk who cannot secure relief on plea of error.

7. Any person that develops or drafts specifications, requirements, statements of work, invitations for bids, requests for proposals, contract terms and conditions or other documents for use by the Sponsor in conducting a procurement under the USDA entitlement programs specified in 2 CFR

200.319 shall be excluded from competing for such procurements. Such persons are ineligible for contract awards resulting from such procurements regardless of the procurement method used.

8. The Sponsor/School is not liable for any cost incurred by the offeror in submitting a proposal.

Paying the Vendor from Child Nutrition Program (CNP) funds is prohibited until the Contract is provided to CDE and signed by the Sponsor/School. Contracts in excess of $350,000 must be approved in writing by CDE.

9. If additional information is requested, please contact Ilene Agustin vis email at IleneAgustin@csi.state.co.us . Any additional information provided to one offeror will be available to all. Optional: Please submit requests via e-mail only. In order to facilitate prompt sharing of information, no phone calls will be accepted.

10. Award Criteria:

a. Proposals will be evaluated by School under CSI SFA committee based on the offer per meal/meal equivalent and the criteria, categories and assigned weights as stated herein below (to the extent applicable).

b. Committee members must consist of School under CSI SFA employees familiar with the regulations and requirements of the child nutrition programs.

c. If a committee member is an agent for, employee of or in any manner associated with a Vendor, that Vendor may not participate in the RFP and subsequent contract or comply with the conflict of interest policies of the Sponsor or district.

mailto:IleneAgustin@csi.state.co.us

d. Each area of the award criteria must be addressed in detail in the Proposal.

e. Sponsor will maintain records sufficient to detail the significant history of a procurement to include but are not limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

11. Weight Criteria

a. Sponsor must determine in advance what percentage (total of 100 points which equals

100%) each category below will be given when comparing proposals.

b. Sponsor may insert additional categories if needed.

c. Sponsor may not include as a category: prior experience with Sponsor as it would violate

USDA’s free and open competition regulation for procurement.

Points Criteria

Cost (must be primary consideration)

• Vendor provides pricing that aims to develop a cost-neutral program for the school including vendor support and responsibility for waste management.

Service Capability Plan (describes Vendor’ s ability to provide services as stated in the RFP)

• Vendor is able to provide meals at the locations and times in the RFP

• Vendor is able to provide HACCP trained server(s) to both serve food as well as operate POS systems for Sponsors (if applicable)

• Vendor is responsive to Sponsor needs and remedies problems immediately

• Vendor will provide paperwork that incorporates daily HACCP and production worksheet required information (provide sample)

• Vendor provides necessary paperwork and documents to the SFA, including Sponsor invoices, menus and production worksheets, menu substitutions, in order for Sponsor to properly monitor performance.

This includes FFVP and SFSP documentation if necessary

Experience, References with like Sponsors and familiarity with regulations pertaining to such operations

• Vendor is able to provide three references with like Sponsors

• Vendor is able to describe familiarity with program regulations

Financial Condition/Stability, Business Practices

• Vendor is able to finance meal preparation and delivery without prepayments

• Vendor is able to provide documentation of financial stability and sound business practices

Accounting and Reporting Systems

• Vendor is able to provide monthly invoices that show credits for USDA foods

• Vendor is able to provide a year-end summary of the total meals invoiced/served by meal type, total amount of USDA foods credited, and total fees charged by site

Menu and Food Quality

• Vendor is able to provide a cycle menu that meets the specifications of the programs being served

• Vendor involves students, staff, and patrons in menu planning

• Portion and serving sizes are easily identifiable and provided by the Vendor

• Menus offer a variety of food items appropriate for each grade/age group served

• Vendor is able to accommodate special dietary needs as outlined in the RFP

• Food Specifications meet the requirements of the RFP

• Food delivered is prepared fresh, free of spoilage, and minimally processed. Fresh fruit and vegetable options are available daily

Flexibility in ordering

• Sponsor has flexibility and autonomy to request meals at dates/times of their choosing, despite traditional closed days

• Field trip and shelf-stable meals are available (meet USDA reimbursable meal requirements.)

Waste Management

• Vendor works with Sponsor to look at trends for more accurate ordering and to help reduce waste

100 TOTAL

F. Late Proposals Any proposal submitted after the time specified for receipt will not be considered and will be returned unopened.

G. Altering, Amending or Withdrawing Proposal No proposal may be altered, amended or withdrawn after the specified time for opening proposals.

H. Calculation of Time Periods of time, stated as a number of days, shall be calendar days.

I. Firm Offer

1. By submitting a response to this Request for Proposal, and if such response is not withdrawn prior to the time for opening proposals arrives, offeror understands and agrees that they are making a firm offer to enter into a contract, which may be accepted by School under CSI SFA and which will result in a binding contract.

2. Such proposal is irrevocable for period of ninety (90) days after the time for opening of proposal has passed._______________(Vendor must initial and date to show agreement)

J. Final Contract A duplicate copy, preferably electronic, of the submitted proposal and all required documents listed below must be provided to the Sponsor for submission to CDE. The complete contract, prior to execution, must be submitted to CDE and includes:

1. All documents included by the Sponsor in the CDE approved RFP template with the Vendor responses.

2. Any additional negotiations that have been completed and terms that are included in additional documents that are not included in the CDE RFP/contract template.

3. All documents submitted by the Vendor that have been mutually agreed upon by both parties (i.e.

worksheets, attachments submitted by the Vendor in the proposal, and operating cost sheets) and identified in Section R, paragraph 4 of the Standard Terms and Conditions.

4. All of the above terms need to be added to the original CDE approved RFP/contract.

III. STANDARD TERMS AND CONDITIONS

A. Definitions The following definitions shall apply within this document and its attachments:

1. “Accounting Periods” means (First day of the month through last day of the month (i.e., first day of the month through the last day of the month).

2. “Applicable Credit” refers to the meaning established in 2 CFR 200.406.

3. “Buy American”—The term ‘domestic commodity or product’ means an agricultural commodity that is produced in the United States; and a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States.

4. “Child Nutrition Program (CNP) ” means the USDA Child Nutrition Programs in which Sponsor participates

5. “Colorado Open Records Act (CORA) (C.R.S. 24-72-200.1 Et Seq)”: It is declared to be the public policy of this state that all public records shall be open for inspection by any person at reasonable times, or as otherwise specifically provided by law.

6. “CACFP” means Child and Adult Care Food Program. CACFP is overseen by the Colorado Department of Health and Environment.

7. “Contract” means this RFP and Contract, the exhibits attached to this RFP and Contract and Vendor’s Proposal.

8. “CDE” means the Colorado Department of Education.

9. “CDHS” means the Colorado Department of Human Services (Food Distribution).

10. “Effective Date” means July 1, 2026 through June 30, 2027(Must not exceed one year in length).

11. “Fixed Fee” Contracts that provide for fixed fees such as those that provide for fees established on a per meal basis are allowed. All services provided are to be incorporated into the fixed fee per meal, and no other fees will be allowed. The offer amount should be based on assumption that no donated USDA Foods will be available for use and includes all expected rebates, discounts and other applicable credits.

12. “Meal Equivalent” In a fixed fee per meal contract, the Vendor is paid on the basis of the number of meals served. In order for the Vendor to be paid for non-meal food service, non-program meal sales activity and revenues are converted into a specific number of reimbursable lunches. The conversion of non-meal activity into an equitable number of meals is completed by dividing the total of cash receipts, other than from sales of NSLP and SBP meals, ACSP and SFSP meals, by the current equivalency factor. The equivalency factor for the Meal Equivalent shall remain fixed for the term of the Contract and all renewals and is in Section: J Financial Terms.

13. Healthy Hunger Free kids Act of 2010: (HHFKA)The current Child Nutrition Program Reauthorization is due for reauthorization and is pending.

14. Healthy School Meals for All (HSMA): The state universal free meal program in which the SFA participates as established in C.R.S. Title 22, Art. 82.9, Pt. 2

15. “Non-profit Food Service Account” means the restricted account in which all of the revenue from all food service operations conducted by the Sponsor principally for the benefit of school children is retained and used only for the operation or improvement of the nonprofit food service.

16. “Program(s)” or “Child Nutrition Program (CNP) (s)” means the USDA Child Nutrition Programs in which Sponsor participates.

17. “Program Funds” means all funds that are required to be deposited into the Non-profit School Food Service Account.

18. “Proposal” means Vendor’s response to the RFP and Contract.

19. “RFP” means Sponsor’s Request for Proposal and Contract, and all of its attachments.

20. “Services” means the services and responsibilities of Vendor as described in this Contract, including any additional services described in Section P of this Contract.

21. “Sponsor” or “School Food Authority” as defined in 7CFR § 210.2.

22. “School under CSI SFA Food Service Budget” means the Food Service Budget for the Current School Year, which is attached to this Contract as “Exhibit C” and fully incorporated herein.

23. “School under CSI SFA Food Service Facilities” means areas, improvements, personal property, and facilities made available by Sponsor to Vendor for the provision of the food services as described herein.

24. “School under CSI SFA Food Service Program” means the preparation and service of food to Sponsor’s students, staff, employees and authorized visitors, including the following programs:

National School Lunch Program (NSLP), School Breakfast Program (SBP), After School Care Snack Program (ACSP), Summer Food Service Program (SFSP), Fresh Fruit and Vegetable Program (FFVP), Child and Adult Care Food Program (CACFP), and a la carte food service.

25. “School under CSI SFA Food Service Location(s)” means the schools or other locations where Program meals are served to Sponsor’s schoolchildren.

26. “USDA” means United States Department of Agriculture, Food and Nutrition Service.

27. “Vended Meals”: In a fixed fee vended meals contract, the contractor provides the meals only (prepackaged, pre-plated) and does not manage any other aspect of the school food service.

However, if the contractor’s employees are responsible for final preparation and/or serving of prepackaged, pre-plated school meals, the additional services are included in the fixed fee bid and may not be charged separately.

28. “Vendor’s Proposal” means Vendor’s response to the RFP and Contract.

B. Scope and Purpose

1) Duration of Contract. Unless it is terminated in accordance with Section L, this Contract will be in effect for a period of one year for the 2026-2027 school year and/or 2027_SFSP program. The effective date is July 1, 2026 through June 30, 2027 (One year maximum length), and may be renewed for up to four additional terms of one year each upon mutual agreement between School under CSI SFA and Vendor, consistent with Article X, Section 20 of the Colorado Constitution and 7 CFR §210.16.

2) During the term of this Contract, Vendor shall operate School under CSI SFA Food Service Program in conformance with Sponsor’s agreement with the CDE School Nutrition Unit (School Nutrition) per 7 CFR 210.16(a)(2).

3) Vendor shall have the exclusive right to prepare and provide meals for the programs specified by Sponsor in Exhibit A: Site Information, which is attached to this Contract and fully incorporated herein.

4) The Sponsor reserves the right to solicit multiple pricing options as defined in section J, chart 7. During the initial contract year or subsequent renewal years, the Sponsor and Vendor may agree to select any of the options included in the original proposal. No price increases shall be allowed unless approved by CDE. If a program is planned / added later (i.e., a breakfast program) which is beyond the scope or original intent of this RFP/Contract or if a proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold the appropriate procurement procedures must be followed, including a new competitive solicitation. Any change to the scope of services to be provided by Vendor that is beyond the scope or original intent of this RFP/Contract or involves a total increase of ≥10% of the total contract value must be rebid.

5) The Sponsor must perform a cost or price analysis in connection with every procurement action in excess of the simplified acquisition threshold including contract modifications. Results must be reviewed by CDE.

6) The Vendor shall

a) Be an independent contractor and not an employee of the Sponsor. The employees of the Vendor are not employees of the Sponsor.

b) Cooperate with and ensure the resolution of Vendor facility reviews conducted by the State Agency (CDE). The State Agency may inspect the Vendor’s facilities as part of the Sponsor’s administrative review or as part of a meal quality test.

c) Maintain such records as the Sponsor will need to support its Claim for Reimbursement under this part, and shall, at minimum, report claim information to the Sponsor promptly at the end of each month. Such records shall be made available to the Sponsor, upon request, and shall be retained in accordance with §210.23(c).

d) (If applicable), Implement an accurate point of service count using the counting system provided by Sponsor in its application to participate in the Child Nutrition Programs and approved by CDE for all programs listed in Exhibit A: Site Information, herein, as required under USDA regulations. Counting system must eliminate the potential for the overt identification of free and reduced-price eligible students under USDA Regulation 7 CFR §245.8.

e) Maintain all records necessary, in accordance with applicable regulations, for Sponsor, CDE and USDA to complete required monitoring activities and must make said records available to Sponsor, CDE, and USDA upon request for the purpose of auditing, examination and review (7 CFR § 210.16(c)(1)).

f) Cooperate with School under CSI SFA in promoting nutrition education, health and wellness policies and coordinating Sponsor's Food Service Program with classroom instruction or other program activities.

g) Comply with applicable federal, state and local laws, rules and regulations, policies, and instructions of CDE and USDA and any additions or amendments thereto, including USDA Regulation 7 CFR Parts 210, 215, 220, 225, 226, 245, 250, if applicable; OMB Circulars, 2 CFR 200 and the other laws described in the “Contract Provisions for Sponsor Contracts under CNP Awards,” which is attached to this Contract as “Exhibit H” and fully incorporated herein by reference.

h) Comply with all Sponsor building rules and regulations.

7) Sponsor shall be responsible for:

a) Signature authority for the application/contract, free and reduced price policy statement, and Programs indicated in Exhibit A: Site Information, herein, and the monthly claim for reimbursement (7 CFR §210.9(a) and (b) and 7 CFR §210.16(a)(5)).

b) Operating School under CSI SFA Food Service Program for the benefit of School under CSI SFA students, faculty and staff.

c) Development and distribution of the parent letter and Application for Free and Reduced-Price Meals and/or Free Milk and participating in Direct Certification. (Does not apply to SFSP)

d) Determination of eligibility for free or reduced-price meals and free milk, if applicable. (Does not apply to SFSP)

e) Conducting any hearings related to determinations of free and reduced price eligibility. (Does not apply to SFSP)

f) Verification of applications for Free and Reduced-Price Meals as required by USDA regulations.

(Does not apply to SFSP)

g) Establishment and maintenance of the free and reduced-price meals’ eligibility roster. (7 CFR § 210.7(c), 7 CFR § 210.9(b) (18) and 7 CFR § 245.6(e)). (Does not apply to SFSP)

h) Conduct of School under CSI SFA’s Food Program.

i) Supervision of the food service operations in such manner as will ensure compliance with all applicable statutes, regulations, rules and policies including regulations, rules, and policies of CDE and USDA regarding the Child Nutrition Programs.

j) Establishing all selling prices, including price adjustments, for all reimbursable and non-reimbursable meals/milk and a la carte (including vending, adult meals, contract meals, and catering) prices. (Exception: Non-pricing programs need not establish a selling price for reimbursable meals/milk.)

k) Control of the non-profit food service account and overall financial responsibility for School under CSI SFA food service program, as well as the quality, extent and general nature of the food service.

l) Ensuring the resolution of Program administrative reviews, and audit findings. The results of these reviews may affect the amount of reimbursement a sponsor will receive and the payment to the Vendor. Vendor shall fully cooperate with School/ Sponsor in resolving review and audit issues.

Vendor shall indemnify Sponsor for any fiscal action, claims, losses or damages, fault, fraud, required repayment or restoration of funds, including reasonable attorney’s fees incurred in defending or resolving such issues, that results from Vendor’s intentional or negligent acts.

m) Monitoring the food service operation of the Vendor through periodic on-site visits to ensure that the food service is in conformance with USDA program regulations (7 CFR § 210.16(a)(3)).

n) Conducting an on-site review of the counting and claiming system at each Sponsor Food Service Location no later than February 1 of each year if there is more than one Sponsor Food Service Location. (Does not apply to SFSP)

o) The counting and claiming system, including compliance with required internal control procedures.

(7 CFR § 210.8(a)(1), 7CFR 225.9(d)).

p) Ensuring that CDE has reviewed and approved the contract terms and that the Sponsor has incorporated all CDE required changes into the contract or amendment before any contract or amendment to an existing Vendor contract is executed.

q) Ensure that all federally donated foods received by the Sponsor and made available to the Vendor, including processed USDA Foods, accrue only to the benefit of the Sponsor’s non-profit food service account and are fully utilized therein. (does not apply to SFSP)

r) Not directly or indirectly restricting the sale or marketing of fluid milk (§210.10(d)(4)) at any time or in any place on site premises or at any site-sponsored event.

s) Maintaining a contract administration system which ensures that the Vendor performs in accordance with the terms, conditions, and specifications of their contract.

t) Be responsible for full compliance with rules and regulations relating to implementation of the SFSP (7CFR 225.15(3)), if applicable, including retaining responsibility for the following non-delegable duties (may not be delegated to a Vendor Employee):

1. Meal orders:

a. Inform the Vendor of approved level at each site for which the Vendor will provide meals.

b. Plan for and prepare or order meals on the basis of participation trends with the objective of providing only one meal per child at each meal service.

2. Records and claims

a. Maintain accurate records which justify all costs and meals claimed.

b. Submit claims for reimbursement in accordance with 7 CFR 225.15

3. Training and monitoring

c. Hold Program training sessions for its administrative and site personnel and

d. Not allow a site to operate until personnel attend at least one of the trainings.

e. Visit each of their sites at least once during the first week of SFSP operation

f. Review food service operations at each site at least once during the first four weeks of

Program operations

g. Maintain a reasonable level of site monitoring.

h. Document required SFSP site visits of all sites

4. Determination / Processing of Free and Reduced Price applications

a. Coordination of printing of materials

b. Approving Official, Hearing Official, or contact person for questions.

c. Development of materials for distribution from prototypes provided by CDE, including

Letter to Parents, Application, Public Release, etc.

d. Distribution of materials to parents/guardians

e. Collection of submitted applications.

f. Processing of applications, including approval/denial and follow-up to obtain complete information.

g. Inputting data into computer if applications approved manually.

h. Inputting data into computer if computer system automatically determines eligibility.

i. Final approval and signature of approving official.

j. Notification of approval and status to parent/guardian.

5. Submission of Media Release.

6. Completion of Summer Food Service Program Sponsor and Site Application and determining eligibility for all SFSP sites.

7. Make final determination of the opening and closing dates of all SFSP sites.

8. Preparation and submission of claim for reimbursement

a. Compiling daily site counts at the school and Sponsor level and maintaining records.

b. Signing the claim for reimbursement

8) School under CSI SFA and Vendor agree that this Contract does not permit all income and expenses to accrue to the Vendor and is neither a cost-plus-a-percentage-of-income nor a cost-plus-a-percentage-of-cost contract as required under United States Department of Agriculture (USDA) Regulations 7 CFR §210.16(c) and 2 CFR § 200.

9) Payments on any claim shall not preclude Sponsor from making a claim for adjustment on any item found not to have been in accordance with the provisions of this Contract and bid specifications.

10) School under CSI SFA may request of Vendor additional food service programs; however, the Sponsor reserves the right, at its sole discretion, to sell or dispense food or beverages, provided such use does not interfere with the operation of the Child Nutrition Programs. Any food and beverages sold in addition to the reimbursable meals must meet USDA competitive foods regulation 7 CFR § 210.11 and CO Competitive Food regulations and the CO Healthy Beverages Policy.

11) Any changes to the terms or conditions of this Contract, which are required by Federal or State law or rule, or changes to Federal or State laws or rules, are automatically incorporated herein, effective as of the date specified in such law or rule.

12) Any changes made by the Sponsor or Vendor to a CDE pre-approved prototype contract or CDE approved contract term must be approved in writing by CDE before the contract is executed. When requested, the Sponsor must submit all procurement documents, including responses submitted by potential contractors, to CDE, by the due date established by CDE.

13) Gifts from Vendor: The School/Sponsor’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, nor anything of monetary value from contractors nor potential contractors in accordance with all laws, regulations and policies. (CO. Const. Art. XXIX, Section 3; 2 CFR200.318) To the extent permissible under federal, state, or local laws, rules, or regulations, such standards shall provide for appropriate penalties, sanctions, or other disciplinary actions to be applied for violations of such standards.

14) Summer Food Service Program: The RFP requires FSMC to provide management services for SFA’s SFSP or Seamless Summer option (SSO), the parties agree to operate the Program according to federal, state, and local regulations.

C. Food Service

1) Vendor shall:

a) Deliver and/or Serve meals on such days and at such times as requested by the School under CSI SFA that meet all USDA and Colorado meal pattern requirements:

https://ed.cde.state.co.us/nutrition/manage-program-operations/plan-meals

b) Offer free, reduced-price, and full-price reimbursable meals to all eligible children participating in School under CSI SFA Food Service Programs indicated herein.

c) In order to offer a la carte food service, the Vendor must agree to offer free, reduced-price, and full-price reimbursable meals to all eligible children.

d) Promote maximum participation in the Programs.

e) Provide specified types of meals and services in the sites listed in Exhibit A.

f) All food and beverages other than meals reimbursed under programs available for sale to students on the School campus during the School day must be authorized by the School/Sponsor and only at the times and places designated by the School/Sponsor. All foods sold must meet the nutrition standards specified in 7 CFR § 210.11 and allowed under Colorado Competitive Rules (2202-R-201) and Healthy Beverages Rules (1 CCR 301-79). These standards apply to items as packaged and served to students. (does not apply to SFSP)

g) Support the Sponsor’s compliance with the federal Child Nutrition Reauthorization (CNR) which authorizes all of the federal child nutrition programs, including the School Breakfast, National School Lunch, Child and Adult Care Food, Summer Food Service, and the Fresh Fruit and Vegetable Programs and WIC. The current law, the Healthy, Hunger-Free Kids Act of 2010 was due for reauthorization in 2015 but has not been released.

2) School under CSI SFA shall retain control of the quality, extent, and general nature of the food service (7 CFR § 210.16(a)(4)))

3) Special Dietary Needs

a) Vendor and School/Sponsor must follow current federal and state regulations regarding providing for special dietary needs for enrolled students. Additional information is available at:

https://ed.cde.state.co.us/nutrition/manage-program-operations/plan-meals#specialdietaryneeds

b) Exceptions for disability reasons: Vendor must make modifications in meals and afterschool snacks for students who are considered to have a disability under 7 CFR 15b.3 and whose disability restricts their diet. Modifications must be made on a case-by-case basis. Meal https://ed.cde.state.co.us/nutrition/manage-program-operations/plan-meals https://ed.cde.state.co.us/nutrition/manage-program-operations/plan-meals#specialdietaryneeds https://ed.cde.state.co.us/nutrition/manage-program-operations/plan-meals#specialdietaryneeds modifications that fall outside the required meal pattern can be made when supported by a written medical statement. Modifications that can be made within the required meal pattern at the discretion of the Vendor and School under CSI SFA.

c) Exceptions for non-disability reasons: Vendor, with instructions from the School/Sponsor, may make modifications for students without disabilities who cannot consume the regular lunch or afterschool snack because of ethical, cultural, religious reasons or other preferences.

Modifications made for dietary preferences must meet meal pattern requirements established under 7 CFR § 210.10 and 7 CFR § 220.

d) Meal modification approval: The approval for meal modifications must remain in effect until the medical authority or the student's parent or legal guardian revokes such request, or until such time as the Vendor and Sponsor changes their meal modifications policy.

e) Required Documentation: Information about meal modifications must be included in the following documents: (1) medical statements or preference forms, (2) production records (3) recipes (4) HACCP plans and (5) meal counting and claiming tracking. Production records should indicate the meal substitutions/accommodations and the number of meals served for special diets.

D. Use of Advisory Group/Menus

1) School/Sponsor shall establish an advisory board composed of parents, teachers, and students to assist in menu planning (7 CFR 210.16(a)(8)). The final rule, Local School Wellness Policy Implementation under the Healthy, Hunger-Free Kids Act of 2010, is available at http://www.cde.state.co.us/nutrition/7cfrparts201and220localschoolwellnesspolicyfinalrule. (Does not apply to SFSP)

2) The School/Sponsors with no capability to prepare a cycle menu may, with CDE approval, require that each Vendor include a cycle menu, developed in accordance with Exhibit B.

3) Sponsor/School shall approve the menus no later than two weeks prior to service.

4) Vendor:

a) Shall deliver and/or serve meals that follow the menu cycles that meet Child Nutrition Program requirements and food specifications contained in Exhibits B and E, attached to this Contract.

b) May not change or vary the menus after the first menu cycle for the NSLP, SBP, After School Care Snack Program, SFSP, FFVP or a la carte items without written approval of Sponsor. 7 CFR §210.16(b)(1)

c) Shall justify and document in writing all requests for any changes or variances for substitutions to School/Sponsor menu of lower quality food items.

d) Maintains documentation for substitutions and justification of lower quality food items for the records retention period applicable to food production records and documentation is available to Sponsor, CDE and USDA for review upon request. (7 CFR § 210.16(b)(1))

e) Complies with Sponsor’s local wellness policy as applicable. (does not apply to SFSP)

f) Complies with all state and local laws that affect school meal preparation and/or service.

E. Purchases

The following applies to all Vendor contracts:

1. Buy American: SFA and FSMC will comply with the Buy American provision for contracts that involve the purchase of food. As required by the Buy American provision, all products must be of domestic origin as required by 7 CFR Part 210.21(d).

http://www.cde.state.co.us/nutrition/7cfrparts201and220localschoolwellnesspolicyfinalrule

a. The SFA participates in the NSLP and SBP and is required to use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products for Program meals. A “domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR Part 210.21(d).

b. Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception may be approved upon request.

c. To be considered for the alternative or exception, FSMC must submit request in writing to SFA and be approved. Approval will be retained with purchase records. The request must include the:

i. Alternative substitute (s) that are domestic and meet the required specifications:

1. Price of the domestic food alternative substitute (s); and

2. Availability of the domestic alternative substitute (s) in relation to the quantity ordered.

ii. Reason for exception: limited/lack of availability or price (include price):

1. Price of the domestic food product; and

2. Price of the non-domestic product that meets the required specification of the domestic product.

d. Non-domestic food purchases must not exceed the following caps by the established deadlines: 7 CFR 210.21(d)(5)(ii)(a)-(c)

i. By July 1, 2025, non-domestic food purchases must not exceed 10 percent of total annual commercial food costs that a school food authority purchases per school year.

ii. By July 1, 2028, non-domestic food purchases must not exceed 8 percent of total annual commercial food costs that a school food authority purchases per school year.

iii. By July 1, 2031, non-domestic food purchases must not exceed 5 percent of total annual commercial food costs that a school food authority purchases per school year.

F. USDA Foods (Does not apply to SFSP)

1. School under CSI SFA shall:

a) Retain title to all USDA Foods.

b) Maintain records relating to the use of donated foods:

i) The donated foods and processed end products received and provided to the Vendor for use in the School under CSI SFA food service

ii) Documentation that Vendor has credited the School under CSI SFA for the value of all USDA Foods received for use in Sponsor’s meal service in the school year. (7 CFR § 250.51(a)) including the value of donated foods contained in processed end products (7 CFR § 250.53(a))

iii) The actual donated food values used in crediting

c) Maintain responsibility for procuring processing agreements, private storage facilities, or any aspect of financial management relating to USDA Foods. 7CFR250.15)

d) Assure that the maximum amount of USDA Foods are received and utilized by Vendor. (7 CFR § 210.9(b)(15))

e) Consult with the Vendor in…