Grocery Processing Invitation 26-27.pdf
PDF 207 KB Posted
- Attached to
- Lighthouse Purchasing Co-op
- Solicitation number
- 35657
- Issued by
- Connecticut
About this file
Summary: Lighthouse Food Cooperative Grocery and Commodity Processing RFP
This is a Request for Proposal (RFP) issued by Lighthouse Food Cooperative for grocery and commodity processing services serving 32 Connecticut school districts and two Rhode Island schools for the contract period of July 1, 2026 through June 30, 2027. The RFP seeks a qualified vendor to supply groceries and processed food items to participating school districts on a weekly basis, with deliveries scheduled between 6:30 a.m. and 2:00 p.m. unless otherwise negotiated. Sealed proposals must be submitted by 9:00 a.m. on April 21, 2026 to Lighthouse Food Cooperative at 154 Toll Gate Road, Groton, Connecticut 06340; faxed and emailed submissions will not be accepted. The RFP award is expected to be announced by end of day Tuesday, May 5, 2026, with contract notifications to all proposers within two business days of the award decision. The cooperative reserves the right to renew the contract with the successful proposer for two additional one-year periods covering school years 2027-2028 and 2028-2029, contingent upon written consent from both parties prior to the contract anniversary date.
Pricing submitted must be fixed for the full contract period from July 1, 2026 through June 30, 2027, with price adjustments permitted only for documented market fluctuations. All items must be domestic/USA-produced or comply with USDA requirements under the "Buy American" provision, with non-domestic purchases limited to 10 percent beginning in school year 2025-26. The award will be based on a 100-point scoring system: 45 points for lowest price, 20 points for customer service, 20 points for delivery accuracy and timeliness, and 15 points for accounting and invoicing statements. Proposers must submit all required documentation including a completed cover sheet, evaluation criteria, pricing sheet in Excel format on a flash drive, nutritional information for all items, vendor questionnaire, and various federal certifications (debarment, lobbying, and affirmative action statements). Participating districts are exempt from federal excise taxes and Connecticut sales and use taxes, which should not be included in proposal pricing. The vendor must provide a designated sales representative for all school districts, maintain proper refrigeration and temperature-controlled delivery equipment, furnish certificates of insurance, and comply with all HACCP food safety practices and USDA grade requirements for fruits and vegetables.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 35657_Mar_23_26_solicitation_doc.pdf | ||
| 35657_Apr_20_26_solicitation_doc.pdf | ||
| 35657_Apr_27_26_solicitation_doc.pdf | ||
| Grocery Spec Sheet 2026-2027 EXCEL.xlsx | XLSX spreadsheet | |
| District School List -.pdf |
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Text version
Lighthouse Food Cooperative 154 Toll Gate Road Groton, CT 06340
860-449-7208
Notice to Proposers
LighthouseFoodCooperativewill receiveaRequestForProposalforgroceryandcommodityprocessingfortheperiodJuly 1, 2026throughJune30,2027forthelistedmembersuntil 9:00am,April 21,2026. Thoseschooldistrictsparticipatingin this proposal are committed and their information is included.
The enclosed RFP instructions and specifications detail requirements. All RFPs shall be submitted on the proposal forms furnished with the RFP specifications,proposal onall items and make sure your RFP is clearly PRINTED OR TYPED. Any changes in product and/or packaging sizesmustbenoted on your proposal.
Sealed RFPs, one (1) original, are to be delivered or mailed to Lighthouse Food Cooperative, clearly marked “Grocery and Commodity Processed RFP”. Faxes and/or emails willNOTbe accepted.
Sealed RFP delivery, whether by carrier or hand, must be deliveredby9:00 am, April 21, 2026to:
Lighthouse Food Cooperative 154 Toll Gate Road Groton, CT 06340
Any RFPs submitted after the deadline will not be accepted or considered.
Lighthouse Food Cooperative reserves the right to accept or reject any and all RFPs in total or part as they deem to be in the best interest of the members of this cooperative. Incomplete RFPs will not be considered. Please ensure that all requirements are submitted by the deadline of9:00am, April 21 2026. There is a checklist includedto ensure that all required information is submitted for a complete RFP. RFP Opening is not public and any submissions after the deadline are not considered.
Lighthouse Food Cooperative reserves the right to increase or decrease the number of units purchased at the quoted unit price. Proposers will be notified of any new cooperative district members as well as the removal of any cooperative members.
Any questions regarding this RFP, please contact Ernie Koschmieder at 860-449-7208, Erica Biagetti at 203-250-2459 or Erin Perpetua at 860-395-3193.
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COOPERATIVE
Schools/Districts participating include:
A. Andover/Coventry B. Avon C. Bloomfield D. Canterbury E. Canton F. Cheshire G. Clinton H. Colchester I. Cromwell J. Derby K. East Haddam L. East Hampton M. East Lyme N. Glastonbury O. Griswold P. Groton Q. Guilford R. ISAAC School - New London S. Lisbon T. Montville U. New London V. North Kingstown, RI W. Old Saybrook X. Orange Y. Preston Z. Putnam AA. Region #10 (Harwinton & Burlington) BB. Region #13 (Middlefield & Durham) CC. Salem DD. Sprague EE. Stafford/Union FF. Stonington GG.The Bridge Academy - Bridgeport HH.The MET - RI II. Tolland JJ. Vernon KK. Voluntown LL. Waterford MM. Waterford County School
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Refer to Exhibit for a complete list of all participatingschooldistrictswithschooladdresslocationsanddelivery windows.
LighthouseFoodCooperativeagreestothesuccessfulproposerextendingthepricing,termsandconditionsofthis solicitationorresultantcontracttoanyadditionalLighthouseFoodCooperativemembersonly.Piggybackawarding is prohibited.
PURPOSE
1. It is the intention of these specifications tocoverall labor,products(includingpacksize), manufacturer'scodes, vendorcodes,pricing,tools, fuel, equipmentandotherappliancesorservicesthatarerequiredtocompletework herein specified and/or described in the accompanying specification sheet.
2. Theagenciesreservetherighttoacceptmodificationofthesespecificationswhich,intheopinionoftheBoardsof Education, are in the interest of the districts involved.
AWARDING OF RFP
1. RPF will be awarded by the end of dayTuesday, May5, 2026.
2. All parties who submitted RFPs will be notified within two (2) days of the awarding.
3. ThisRFPrequestspricesthataretobeheldfirmfortheperiodofJuly1,2026throughJune30,2027. Anypricing changes need to be communicated prior to changing.
4. All awarded vendors must honor the items ontheRFP. Nosubstitutionsaretobemadeunlessreceivingprior approval from each director. If madewithoutpriorapproval, theitemswill bereturnedorif sentwithoutprior approval, the substitutions are to be:
a. Comparable in serving numbers.
b. Same nutritional equivalences as the original ordered item.
c. Billed at the original item’s RFP pricing.
5. The awarded vendor must maintain all necessary andrequiredinsurancecoveragerelatedtotheirbusinessand equipmentasspecifiedbyStateand/orlocalauthorities. Acertificateofinsurancemustbesupplied,ifrequiredor requested.
6. The Lighthouse Food Cooperative reserves the right to not award this RFP to any of the proposers.
7. Lighthouse Food Cooperativewill awardthisRFPtothelowestresponsiveandresponsibleproposerorRFP/offer most advantageous to the program with price and other factors considered.
8. Lighthouse reserves the right toawardtoaprimaryandsecondaryvendorinaccordancewiththeRFPawarding structure.
9. A complete RFP shall include all of the following
a. Cover sheet - completed
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b. Evaluation Criteria Sheet
c. Statement of qualifications and references –if newdistributor to cooperative
d. Vendor questions
e. Affirmative Action Statement
f. Certification regarding debarment
g. Lobbying Certification
h. Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
i. Pricing sheet with all items on RFP – must be an electronic workable (Excel) document(pdf and scanned copies is not acceptable);flash drive is required.
j. Nutritionals on all items (nutritional analysis, CN label or signed product formulation statement) – must be an electronic workable document (pdf and scanned copies is not acceptable) and submitted with RFP.
Flash drive required, with each item saved separately and clearly labeled with the item name.
k. Confirmation list of members you will/will not service
l. SealedRFPwillbedeliveredtolocationonorbyApril 21,2026@9:00am.Emailand/orFaxsubmissions will not be accepted.
Failure to include any of the above information will result in an incomplete RFP and will not be considered in the awarding process.
10. The award will be based on the following point scale. Highest points total wins the RFP award.
a. 45 points – Lowest price, 35 points next lowest price, 25 points, 15 points, 5 points
b. 20 points - Customer Service
c. 20 points - Accuracy of Delivery – Timeliness, Mispicks And Shorts
d. 15 points - Accounting/Invoice Statements
11. If items are listed on RFP response with generic numbers, listed as Special Order, TBD, TBA - each item will automatically be weighed as the highest priced among all respondents.
12. Awarded Vendor/distributor will provide a sales representative for all school districts within the cooperative. A sales representative will visit each school districtupon request.
13. VendorsmustdelivertoALLschools listed in allschool districts. Fuel charges can be accepted under reasonable and certain circumstances based onwww.eia.govasa baseline. All districts should be notified PRIOR to receiving said additional charges.
14. All items shall beDomestic/USA Producedor fall underUnited States Department of Agriculture requirements.
15. No more than 10% can be purchased off bid per district, unless properly procured according to individual district purchasing policy.
16. If item(s) has been awarded as stocked then changed to Special Order after the fact, the cooperative reserves the right to remove the awarding and allocate to a stocked vendor.
17. A cost analysis will be conducted, based on the current CPI (consumer price index) toensure fair and reasonable pricing.
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PRICING
1. All these itemsaretobeRFP FixedPrice, allowingforapriceadjustmentduetomarketfluctuation,if necessary with documentation, through July 1, 2026 to June 30, 2027.
2. PricingsubmittedisnotbasedonGPO(GroupPurchasingOrganization)pricing. GPOmembershipisnotrequired to receive submitted pricing.
3. If vendors run School Specials, these specials must be available to the school districts at the special price.
LOCATIONS
1. RefertoExhibitfordefinitionofindividualschooldistrictsandlocationsparticipatinginthisRFP.Deliverylocations and times are listed. Please note the “note” section in reference to times when deliveries cannot be accepted.
QUALITY AND STANDARDS
1. The BoardsofEducationreservetherighttohavetestsmadeatanytimeduringtheschoolyearbyarecognized laboratory.If theitemtesteddoesnotmeetspecifications,thecostwillbebornebytheproposer.Iftheitemdoes meet specifications, the cost will be borne by the agencies.
2. All proposers must submit proposals on exact specifications.
1. All proposers must submit proposals on all items stocked.
2. All proposers must specify special order items.
3. Grocery packaging that is damaged at delivery, which hampers the quality of the packaged items or reduces the number of servings, shall be denied and returned for credit.
4. Vendor to be responsible for any products recalled from a manufacturer and to provide verification, when necessary, that the products are safe to consume.
5. Successful bidders must furnish United StatesDepartmentofAgricultureGradeCertificates,indicatingeachfruit and vegetable item is to be U.S. Grade, Grade certificates furnished only upon request.
6. Awarded vendor must have in place safe food handling and HACCP practices plans.
7. Cooperativereservestherighttorequestandpurchasenewproductsnotoriginallyontheproposaltoinitiatetaste tests or trials. Samples must be submitted uponrequest. Costforrepresentativesampleswill bebornebythe awarded vendor/distributor.
RFP PERIOD
Theawardshall befortheperiodofone(1)yearfromJuly1,2026throughJune30,2027.USDARegulationspermitting,the LighthouseFoodCooperativereservestherighttorenewthiscontractwiththesuccessfulproposer(vendor)tocovertwo
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(2)additionalyears(2027-2028)and(2028-2029).Extensionshallbevaliduponwrittenconsentofbothpartiespriortothe anniversary date of the contract. Agreement on page 13.
DELIVERY/DELIVERY EQUIPMENT
1. Deliveries shall be made on a weekly basis, on a set day of the week, for each district participating in the RFP. The day will be communicated to each director for each district. If a district requires multiple weekly deliveries, they are to coordinate with vendors individually.
2. Deliveries shall be made to the receiving area of individual schools and/or locations between the hours of6:30 am and 2:00 pmUNLESS previously negotiated with theLighthouse Food Cooperative members of each school district.
Please look at the district school info pages to see hours of each kitchen location. If deliveries are going to be late, districts need to be contacted as soon as known. If after hours (6:30a-2:00p), with no contact to the district, vendors will be billed for late designated kitchen representative/s that need to take in said order.
3. Grocery items must be deliveredintothe buildingto the place designated by the Lighthouse Food Cooperative members. Items are never to be left unattended outside.
4. Deliveries must be able to be checked and signed off on by a designated kitchen representative. Delivery people are expected to be patient when the representative is checking in said order, especially during serving times.
5. Members and awarded grocery vendor(s) must be in contact prior to August 15th to ensure timely delivery of products prior to the start of school. Both parties should communicate delivery arrangements due to bad weather/holidays on scheduled delivery days.
6. For a holiday/vacation week or when changes are needed in delivery schedules, proposersMUSTnotify all Lighthouse Food Cooperative members at least a week prior.
7. Lighthouse Food Cooperative members reserve the right to reject the use of any equipment by a carrier if it is not in clean, sanitary condition and suitable for hauling of all goods.
8. Lighthouse Food Cooperative reserves the right to reject the use of any equipment by a carrier if it is not in clean, sanitary condition and suitable for hauling of all goods.
9. Each carrier shall furnish a certificate of insurance issued by an insurance company showing that the Lighthouse Food Cooperative members will be protected from loss or damage to the Board of Education’s commodities, and injury or death of third persons or to the carrier's employees. Carrier will assume full common liability for all shipments.
10. Carrier shall utilize only properly insulated mechanical or thermostatic temperature controlled refrigeration equipment. Such equipment must be capable of maintaining temperature to protect the product. If frozen, products must be delivered in a hard frozen state.
11. Taxes – all district members of Lighthouse Food Cooperative are exempt from the payment of all excise taxes imposed by the Federal Government, and the Sales and Use Tax of the State of Connecticut, such taxes should not be included in the proposal price. Exemption Certificates will be furnished, upon request, to the successful proposer.
12. Any mis-picks not caught by designated kitchen representatives at the time of delivery are subject to restocking fees. Mis-picks caught at time of delivery are not subject to restocking fees.
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13. Deliveries of _______ cases or $_________ constitutes a minimal delivery and shall have free delivery.
ORDERS
1. All orders will be placeddirectlywiththeawardedvendor(s)bytelephone,fax,on-lineorsalesappointmentsat location,bytheindividualqualifiedpurchasingofficialwhoinsomecasesmaybetheindividualcafeteriamanager.
Regularordersshouldbeplacedatleasttwenty-fourhoursbeforethedeliveryrequested.Emergencydeliverieswill bedeliveredwithinareasonableperiodoftime. Allordersshallhaveacknowledgementofreceiptandacceptance, regardless of order method.
2. It is the responsibility of each district to place orders, arrange deliveries and payment of invoices.
3. No substitutions are to be made unless receiving prior approval from each director. If made without prior approval, the items will be returned or if sent without prior approval, the substitutions are to be:
a. Comparable in serving numbers.
b. Same nutritional equivalences as the original ordered item.
c. Billed at the original item’s RFP pricing.
3. Back orders will not be accepted unless pre-arrangements with the director are made.
4. Deliveries made during school closures due to weather may or may not be turned away. Vendors will work with each school district to arrange deliveries in these circumstances.
4. School districts will be notified when items are discontinued, special order or out of stock prior to delivery.
INVOICE AND STATEMENTS
1. Invoicesforthepurchasesofgroceriesmadebyschoolsarepaidforbyeachindividualdistrict.Inordertofacilitate the handling of these invoices, all vendors must adhere to the following instructions:
a. Name of the school must be listed on each invoice.
b. All items on delivery tickets must be billed according to the description of the item quoted on RFP.
c. All vendorsmustissuedeliveryticketsandcreditmemosinduplicateandbothcopiesmustbesignedbya qualified receiving official and driver.
d. All vendors shall forward monthly statements directly to the School Nutrition Director or school food authority.
e. All deliveryticketssupportingmonthlystatementsmustbeinexactagreementwiththecopyofdelivery tickets left with the manager. If for any reason it is necessarytomakeachangeonthedeliveryticket (such as an additional charge or credit), a credit or debit memo shall be issued.
f. All cancellationsormerchandisereturnsmustberecordedbythedriveronbothcopiesofdeliverytickets or pick-up tickets.
g. Do not mail statements to individual schools.
h. A monthly statement for each school in each School District should be sent to the School Nutrition
Director of that particular district by the fifth working day of each month following the date of purchase.
i. Pick-ups must be made by the next delivery date.
j. Any credit issue must be done within the current billing period.
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k. Vendor shall furnish velocity reports to any manufacturers upon district request.
2. Items that are out of stock for whatever reason and substituted (as per director approval) shall be:
a. Comparable in serving numbers.
b. Same nutritional equivalences as the original ordered item.
c. Billed at the original item’s RFP pricing.
COMPLAINTS/DISPUTES
1. Thevendorshall berequiredtohavearepresentativeavailableatreasonabletimestolookintocomplaintsofthe cooperative and to advise the cooperative members on use of items. Said person istobelistedontheVendor Questionnaire.
PROTEST PROCEDURES
1. In accordance with 2 CFR 200.318(k), any protest must be received in writing within 5 (five) business days of awarding.
2. Writtenprotestmustbedeliveredviacertifiedmail, toLighthouseFoodCooperativeincareofErnieKoschmieder at154 Toll Gate Road, Groton, CT 06340.
3. Protest should include
a. The name, address and contact information of protesting bidder
b. Specific RFP title and number
c. Detailed statement for the grounds of the protest.
d. Copies of any relevant documents or evidence.
e. Specific relief or ruling requested.
4. The award will be halted, with all bidders notified, until resolved.
5. Protest will be acknowledged in writing.
6. The protest will be reviewed by the cooperative.
7. Determination will be issued in writing.
8. If theprotestingbidderis notsatisfiedwiththedecision,theymayescalatetheprotesttotheStateAgency(CSDE).
who will direct the protesting party to the appropriate body.
CONTRACT TERMINATION
1. Lighthouse Food Cooperative reserves the right to cancel this RFP at any time the vendor’s performance is in the opinion of the cooperative deemed unsatisfactory.
2. The cooperative will notify the vendor in writing of the unsatisfactory performance and will give the vendor thirty
(30) calendar days to remedy the issue(s).
3. If issues are not remedied or resolved by the end of the thirty (30) calendar day notice the vendor may be given an additional thirty (30) calendar days to remedy or resolve issues or issued thirty (30) calendar day contract termination notice based on membership vote.
4. Lighthouse Food Cooperative members will adhere to the final sixty (60) or ninety (90) calendar day notice before going to a new vendor.
5. Individual districts may stay with the original vendor if they feel that they are receiving satisfactory performance with the approval of the original vendor.
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National School Lunch Act (NSLA) and School Breakfast Programs
“BUY AMERICAN”
The Vendor must supply to the maximum extent practicable, domestic commodities or products which are either an agricultural commodity produced in the United States (U.S.) or a food product processed in the U.S. substantially using agricultural commodities produced in the U.S. for use in meals served in the SFA’s Child Nutrition Programs in compliance with the Buy American Provision under 7 CFR § 210.21(d), 7 CFR § 210.16(d), 7 CFR § 250 and the USDA final rule, Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans.
Exceptions to the Buy American Provision should be used as a last resort; however, an alternative or exception may be approved upon request. To be considered for the alternative or exception, the request made by the Vendor must be submitted in writing to a designated official, a minimum of 3 of day(s) in advance of delivery. A request made by the SFA must be submitted in writing to a designated official a minimum 3 of day(s) in advance of delivery. Therequest must include:
a. Alternative substitute (s) that are domestic and meet the required specifications:
i. Price of the domestic food alternative substitution (s); and
ii. Availability of the domestic alternative substitute (s) in relation to the quantity ordered.
b. Reason for exception: limited/lack of availability or price (include price);
i. Price of the domestic food product; and
ii. Price of non-domestic product that meets the required specification of the domestic product.
Due to the 2024 Final Rule of Child Nutrition Programs: Meal Pattern Consistent With the 2020-2025 Dietary Guidelines for Americans, non-domestic food purchases limit will be phased in as follows:
● 10% beginning in SY 2025-26
● 8% beginning in SY 2028-29
● 5% beginning in SY 2031-32
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Enclose in submitted RFP
Cover Sheet
Grocery and Commodity Processing RFP
Vendor: ______________________________________________________________________________________________
Address: _____________________________________________________________________________________________
City: _______________________________________State: _____________________________Zip Code: ______________
Contact: ____________________________________________Phone: __________________________________________
Email: _______________________________________________________________________________________________
By submitting this RFP, the proposer understands and agrees to all of the attached items, conditions and specifications.
Printed Firm’s Name: ___________________________________________________________________________________
Signature of Representative: _____________________________________________________________________________
Date: ____________________
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Awarding Criteria
Must accompany submitted RFP
Vendor/Distributor: _________________________________________________________________________
Criteria Possible Total Points Points Given
Price 45 Customer Service 20 Accuracy of Delivery - Timeliness, Mispicks and Shorts 20 Accounting/Invoicing Statements 15
Notes
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Statement of Proposer’s Qualifications for RFP Consideration
This Statement of Proposer’s Qualifications is to be submitted by a new proposer to the cooperative. All questions must be answered and the information given must be clear and comprehensive. The proposer may submit any additional information.
Vendor: _____________________________________________________________________________________________
Address: ____________________________________________________________________________________________
City: ____________________________________State: ___________________________Zip: _______________________
Is the company minority owned? __________Yes __________No
Year Established: ___________________________________
How many years have you engaged in business under your present firm name? ___________________________________
Former firm name: ____________________________________________________________________________________
Personnel Total: __________________________
Have you ever failed to complete any contact awarded to you? If so, when and why? ______________________________
Have any of your service contracts ever been terminated? If yes, please explain: __________________________________
List at 3 references that are school districts that have had similar work performed for them in the past 5 years. Include name and address of district, contact person and phone number.
1. _____________________________________________________________________________________________
2. _____________________________________________________________________________________________
3. _____________________________________________________________________________________________
The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by Lighthouse Food Cooperative.
Printed Name of Representative: _______________________________________________________________________
Signature: __________________________________________________________Date: __________________________
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Vendor Questionnaire
Grocery and Commodity Processing RFP
1. Do you offer electronic ordering? ________Yes ___________No
a. What is the order cut off? ________________________________________________________________
b. What is the website to place orders? _______________________________________________________
2. Do you have a minimum delivery requirement? __________Yes _________No
a. What is the minimum? __________cases or $_____________
3. Who would be the cooperative’s representative contact? _____________________________________________
4. List important department information for directors.
a. Delivery department: ___________________________________________________________________
b. Billing Department: _____________________________________________________________________
c. Nutritional Information: __________________________________________________________________
RFP Rollover Option
Theawardshall befortheperiodofone(1)yearfromJuly1,2026throughJune30,2027.USDARegulationspermitting,the LighthouseFoodCooperativereservestherighttorenewthiscontractwiththesuccessfulproposer(vendor)tocovertwo (2)additionalyears(2027-2028)and(2028-2029).Extensionshallbevaliduponwrittenconsentofbothpartiespriortothe anniversary date of the contract.
*Sign if an additional one (1) year is acceptable for the 2027-2028 school year*
________________________________________________________ Date _________________
*Sign if an additional one (1) year is acceptable for the 2028-2029 school year*
________________________________________________________ Date _________________
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Affirmative Action Statement
To: All Vendors
From: Lighthouse Food Cooperative
Subject: Affirmative Action
All participating members of Lighthouse Food Cooperative are Equal Opportunity Employers, and will not do business with vendors that are not in compliance with all Federal and State Statutes and Executive Orders pertaining to non-discrimination.
In order to be accepted as a possible vendor and to be eligible for consideration as a vendor for goods and services, please complete and return the following Statement of Policy is the submitted, complete RFP.
STATEMENT OF POLICY
It is the employment policy of _______________________________________________________ that there shall be no discrimination against anyone on the grounds of race, creed, national origin, sex or age in the hiring, upgrading, demotions, recruitment, termination and selection for trainings.
In addition, this vendor is in full compliance with the letter and intent of the various Equal Opportunity and Civil Rights Statutes noted above.
Signature/Title: _______________________________________________________________________________________
Address: ______________________________________City: ______________________________Zip: ________________
Date: _______________________________Telephone: ______________________________________________________
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State of Connecticut Department of Education
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions
School food authorities (SFAs) are required to ensure that all sub-contractors and sub-grantees are neither excluded nor disqualified under the suspension and debarment rules found at 2 CFR 200.212 by doing anyoneof the following:
● Checking the Excluded Parties List found at the System for Award Management (SAM)www.SAM.gov;
● Collecting a certification that the entity is neither excluded nor disqualified. Since a federal certification form is no longer available, the grantee or sub-grantee electing this method must devise its own;
● Including a clause to this effect in the sub-grant agreement and in any procurement contract expected to equal or exceed $25,000, awarded by the grantee or a sub-grantee under its grant or sub-grant;
● Sub-grantee and contractors must obtain a Unique Entity ID. All Federal Government awards are required to have a Unique Entity ID. To obtain a Unique Entity ID, visit www.SAM.gov to register. There is no charge for a Unique Entity
ID.
The Unique Entity ID serves as a means of tracking and identifying applications for Federal assistance and is required on all applications for Federal assistance.
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension. 2 CFR
200.212 Suspension and Debarment. The regulations were published as Part III of the December 26, 2013, Federal Register (pages 78590-78691). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated.
Before completing certification, read instructions on next page
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Organization Name PR/Award Number or Project Name
Name and Title of Authorized Representative
Signature Date
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Instructions for Certification
1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” ‘lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check SAM’s Excluded Parties List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment.
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LOBBYING CERTIFICATION
Certification for Contracts, Grants, Loans, and Cooperative Agreements United States Department of Agriculture
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Organization Name
Name of Authorized Official
Signature
Date
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In Accordance to Federal Procurement Regulatations
Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by41 U.S.C.
1908, must address administrative, contractual, orlegal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under41 CFR Part 60, all contracts thatmeet the definition of “federally assisted construction contract” in41 CFR Part 60-1.3must include the equal opportunityclause provided under41 CFR 60-1.4(b), in accordance withExecutive Order 11246, “Equal Employment Opportunity”(30 FR 12319,12935,3 CFR Part, 1964-1965Comp., p. 339),as amended byExecutive Order 11375, “AmendingExecutiveOrder 11246Relating to Equal Employment Opportunity,” andimplementing regulations at41 CFR part 60, “Officeof Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable toContracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), assupplemented by Department of Labor regulations (29CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40U.S.C. 3701-3708). Where applicable, all contractsawarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with40 U.S.C. 3702and3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under40 U.S.C. 3702of the Act, each contractor mustbe required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of40 U.S.C. 3704are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, 18|Page https://www.govinfo.gov/link/uscode/41/1908 https://www.govinfo.gov/link/uscode/41/1908 https://www.ecfr.gov/current/title-41/part-60 https://www.ecfr.gov/current/title-41/section-60-1.3 https://www.ecfr.gov/current/title-41/section-60-1.4#p-60-1.4(b) https://www.federalregister.gov/executive-order/11246 https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12319 https://www.federalregister.gov/citation/30-FR-12935 https://www.ecfr.gov/current/title-3/part-1964 https://www.federalregister.gov/executive-order/11375 https://www.federalregister.gov/executive-order/11246 https://www.federalregister.gov/executive-order/11246 https://www.ecfr.gov/current/title-41/part-60 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3145 https://www.ecfr.gov/current/title-29/part-3 https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under37 CFR § 401.2 (a)and the recipientor subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of37 CFR Part 401, “Rights to InventionsMade by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and theFederal Water Pollution Control Act (33 U.S.C. 1251-1387),as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water PollutionControl Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see2 CFR 180.220) mustnot be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at2 CFR 180that implementExecutive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other thanExecutive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractorsthat apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by31 U.S.C. 1352. Each tier must alsodisclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(J) See§ 200.323.
(K) See§ 200.216.
(L) See§ 200.322.
Organization Name
Name of Authorized Official
Signature
Date
19|Page https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/part-401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.federalregister.gov/executive-order/12549 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352 https://www.ecfr.gov/current/title-2/section-200.323 https://www.ecfr.gov/current/title-2/section-200.216 https://www.ecfr.gov/current/title-2/section-200.322
Checklist of Items Needed to Accompany Submitted RFP
● Cover sheet (page 10)
● Evaluation criteria (page 11)
● Statement of qualifications and references –if newdistributor to cooperative(page 12)
● Vendor questions & Rollover option (page 13)
● Affirmative Action Statement (page 14)
● Certification regarding debarment (page 15)
● Lobbying Certification (page 17)
● Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards (page
19)
● Pricing sheet - must be an electronic workable (Excel) document (pdf and scanned copies is not acceptable);flash drive is required.
● Nutritionals on all items (nutritional analysis,CN label or signed product formulation statement) – must be an electronic workable document (pdf and scanned copies is not acceptable) and submitted with RFP.
Flash drive required, broken down by category, with each item saved separately and clearly labeled with item name noting nutritional or CN label/PFS.
● Confirmation list of members you will/will not service
Fax and/or Email submissions are not accepted
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File details come from the government source that posted it. Updated .