Milk Invitation 26-27 PDF.pdf

Lighthouse Food Cooperative 154 Toll Gate Road Groton, CT 06340

860-449-7208

Notice to Proposers

Lighthouse Food Cooperative will receive a Request for Proposal for refrigerated liquid milk for the period July 1, 2026 through June 30, 2027 for the listed members until 9:00 am, April 21, 2026. Those school districts participating in 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 on all items and make sure your RFP is clearly PRINTED OR TYPED. Any changes in product and/or packaging sizes must be noted on your proposal.

Sealed RFPs, one (1) original, are to be delivered or mailed to Lighthouse Food Cooperative, clearly marked “Milk RFP”.

Faxes and/or emails will NOT be accepted.

Sealed RFP delivery, whether by carrier or hand, must be delivered by 9:00 am, April 21, 2026 to:

Lighthouse Food Cooperative

154 Toll Gate Road Groton, CT 06340

No late RFPs will 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 of 9:00 am, April 21, 2026. There is a checklist included to 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 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. Groton P. Guilford Q. ISAAC School - New London R. Lisbon S. Montville T. New London U. North Kingstown, RI V. Old Saybrook W. Orange X. Preston Y. Putnam Z. Region #10 (Harwinton & Burlington) AA.Region #13 (Middlefield & Durham) BB. Salem CC. Sprague DD.Stafford/Union EE. Stonington FF. The Bridge Academy - Bridgeport GG.The MET - RI HH.Tolland II. Vernon JJ. Voluntown KK. Waterford County School LL. Waterford

Refer to Exhibit for a complete list of all participating school districts with school address locations and delivery windows.

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Lighthouse Food Cooperative agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to any additional Lighthouse Food Cooperative members only. Piggyback awarding is prohibited.

PURPOSE

1. It is the intention of these specifications to cover all labor, products (including pack size), manufacturer's codes, vendor codes, pricing, tools, fuel, equipment and other appliances or services that are required to complete work herein specified and/or described in the accompanying specification sheet.

2. The agencies reserve the right to accept modification of these specifications which, in the opinion of the Boards of

Education, are in the interest of the districts involved.

AWARDING OF RFP

1. RPF will be awarded by the end of day Tuesday, May 5, 2026.

2. All parties who submitted RFPs will be notified within two (2) days of the awarding.

3. This RFP requests prices that are to be held firm for the period of July 1, 2026 through June 30, 2027. Any pricing changes need to be communicated prior to changing.

4. All awarded vendors must honor the items on the RFP. 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.

5. The awarded vendor must maintain all necessary and required insurance coverage related to their business and equipment as specified by State and/or local authorities. A certificate of insurance must be supplied, if required or requested.

6. The Lighthouse Food Cooperative reserves the right to not award this RFP to any of the proposers.

7. Lighthouse Food Cooperative will award this RFP to the lowest responsive and responsible proposer or RFP/offer most advantageous to the program with price and other factors considered.

8. A complete RFP shall include all of the following

a. Cover sheet - completed

b. Evaluation Criteria Sheet

c. Statement of qualifications and references – if new distributor to cooperative

d. Vendor questions

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e. Affirmative Action Statement

f. Certification regarding debarment

g. Lobby Certification

h. 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.

i. 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 item name.

j. Confirmation list of members you will/will not service

k. Sealed RFP will be delivered to location on or by April 21, 2026 @ 9:00 am. Email and/or Fax submissions 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.

9. 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, etc…

b. 20 points - Customer Service

c. 20 points - Accuracy of Delivery – Timeliness, Mispicks And Shorts

d. 15 points - Accounting/Invoicing Statements

10. Awarded Vendor/distributor will provide a sales representative for all school districts within the cooperative. A sales representative will visit each school district upon request.

11. Vendors must deliver to ALL schools listed in all school districts. Fuel charges will not be accepted.

12. All items shall be Domestic/USA Produced or fall under United States Department of Agriculture requirements.

13. No more than 10% can be purchased off bid per district, unless properly procured according to individual district purchasing policy.

PRICING

1. All these prices are to be RFP Fixed and Fluctuating, allowing for a price adjustment, if necessary with documentation, through July 1, 2026 to June 30, 2027. The Federal Milk Market Administrator’s monthly announcements of Class I prices shall serve as the only basis for a change in the fluctuating milk price. The formula for changing prices must mirror that of the Class one conversion calculator that is posted on the Federal Milk Market Administrator’s website.

2. Pricing submitted will be based upon Federal Milk Market Administrator for Class 1 milk in Federal Order #1 as of most recent federal pricing. www.ffmone.com

3. If vendors run School Specials, these specials must be available to the school districts at the special price.

LOCATIONS

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1. Refer to Exhibit for definition of individual school districts and locations participating in this RFP. Delivery locations and times are listed. Please note the “note” section in reference to times when deliveries cannot be accepted.

QUALITY AND STANDARDS

1. The Boards of Education reserve the right to have tests made at any time during the school year by a recognized laboratory. If the item tested does not meet specifications, the cost will be borne by the proposer. If the item does 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. Milk items shall be in complete conformity with the laws and regulations pertaining to the dairies/packing facilities and milk products as stated by the Connecticut Department of Public Health.

4. Milk with defective cartons will be replaced by the awarded proposer at no charge within 24 hours.

5. Milk will be coded for freshness and the Lighthouse Food Cooperative members must be supplied with a copy of the code if requested.

6. Milk will have at least a 14 day shelf life when delivered. If milk due to be delivered is under said time, districts are to be notified in advance.

7. Milk crates must be clean and free of oil, dirt and dried milk. Milk crates are to be washed on a daily basis.

8. Milk cartons are to have clear codes visible.

9. Labeling shall be in accordance with commercial labeling complying with the Federal Food, Drug and Cosmetic Act and regulations promulgated thereunder. USDA nutritional labels are to be included on all products delivered as required by receiving National School Lunch Program reimbursements.

10. Vendor to be responsible for any products recalled from a manufacturer and to provide verification, when necessary, that the products are safe to consume.

11. Awarded vendor must have in place safe food handling and HACCP practices plans.

12. Cooperative reserves the right to request and purchase new products not originally on the proposal to initiate taste tests or trials. Samples must be submitted upon request. Cost for representative samples will be borne by the awarded vendor/distributor.

RFP PERIOD

The award shall be for the period of one (1) year from July 1, 2026 through June 30, 2027. USDA Regulations permitting, the Lighthouse Food Cooperative reserves the right to renew this contract with the successful proposer (vendor) to cover two

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(2) additional years (2027-2028) and (2028-2029). Extension shall be valid upon written consent of both parties prior to the anniversary date of the contract. Agreement on page 13.

DELIVERY/DELIVERY EQUIPMENT

1. Deliveries shall be made on twice a week basis, on set days of the week, for each district participating in the RFP.

The day will be communicated to each director for each district.

2. Deliveries shall be made to the receiving area of individual schools and/or locations between the hours of 6:30 am and 2:00 pm UNLESS previously negotiated with the Lighthouse Food Cooperative members of each school district.

Please look at the district school info pages to see hours of each kitchen location.

3. Milk must be delivered into the building to the place designated by the Lighthouse Food Cooperative members.

Milk 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 milk vendor 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, proposers MUST notify 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. 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.

11. 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.

12. Awarded milk vendor will provide milk coolers to the districts participating in this RFP.

a. Vendor will provide coolers that are the size needed at each location.

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b. Vendor will provide needed maintenance when coolers are not working correctly (such as coolant, leaking, rubber seals, condensers, etc.)

c. Vendor will provide replacements when repairs cannot not be made in a reasonable time.

13. Deliveries of _______ cases or $_________ constitutes a minimal delivery and shall have free delivery.

ORDERS

1. All orders will be placed directly with the awarded vendor by telephone, fax, on-line or sales appointments at location, by the individual qualified purchasing official who in some cases may be the individual cafeteria manager.

Regular orders should be placed at least twenty-four hours before the delivery requested. Emergency deliveries will be delivered within a reasonable period of time. All orders shall have acknowledgement of receipt and acceptance, 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:

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.

5. One hundred percent (100%) fill-rate is expected on all milk product orders. Prior to the scheduled delivery, the supplier will notify the directors of the affected districts, if inventory or marketplace shortages.

INVOICE AND STATEMENTS

1. Invoices for the purchases of groceries made by schools are paid for by each individual district. In order to facilitate 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 the RFP.

c. All vendors must issue delivery tickets and credit memos in duplicate and both copies must be signed by a qualified receiving official and driver.

d. All vendors shall forward monthly statements directly to the School Nutrition Director or school food authority.

e. All delivery tickets supporting monthly statements must be in exact agreement with the copy of delivery tickets left with the manager. If for any reason it is necessary to make a change on the delivery ticket (such as an additional charge or credit), a credit or debit memo shall be issued.

f. All cancellations or merchandise returns must be recorded by the driver on both copies of delivery tickets or pick-up tickets.

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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.

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:

COMPLAINTS/DISPUTES

1. The vendor shall be required to have a representative available at reasonable times to look into complaints of the cooperative and to advise the cooperative members on use of items. Said person is to be listed on the Vendor Questionnaire.

PROTEST PROCEDURES

● In accordance with 2 CFR 200.318(k), any protest must be received in writing within 5 (five) business days of awarding.

● Written protest must be delivered via certified mail, to Lighthouse Food Cooperative in care of Ernie Koschmieder at 154 Toll Gate Road, Groton, CT 06340.

● Protest should include

● The name, address and contact information of protesting bidder

● Specific RFP title and number

● Detailed statement for the grounds of the protest.

● Copies of any relevant documents or evidence.

● Specific relief or ruling requested.

● The award will be halted, with all bidders notified, until resolved.

● Protest will be acknowledged in writing.

● The protest will be reviewed by the cooperative.

● Determination will be issued in writing.

● If the protesting bidder is not satisfied with the decision, they may escalate the protest to the State Agency (CSDE).

who will direct the protesting party to the appropriate body.

CONTRACT TERMINATION

3. 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.

4. 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).

5. 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.

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6. Lighthouse Food Cooperative members will adhere to the final sixty (60) or ninety (90) calendar day notice before going to a new vendor.

7. Individual districts may stay with the original vendor if they feel that they are receiving satisfactory performance with the approval of the original vendor.

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. The request 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

Milk 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

Milk 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

The award shall be for the period of one (1) year from July 1, 2026 through June 30, 2027. USDA Regulations permitting, the Lighthouse Food Cooperative reserves the right to renew this contract with the successful proposer (vendor) to cover two

(2) additional years (2027-2028) and (2028-2029). Extension shall be valid upon written consent of both parties prior to the 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 any one of 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 by 41 U.S.C.

1908, must address administrative, contractual, or legal 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 under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of 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, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts 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), as supplemented by Department of Labor regulations (29 CFR 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 (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

Under 40 U.S.C. 3702 of the Act, each contractor must be 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 of 40 U.S.C. 3704 are 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” under 37 CFR § 401.2 (a) and the recipient or 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 of 37 CFR Part 401, “Rights to Inventions Made 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 the Federal 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 Pollution Control 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 (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive 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 than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that 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 by 31 U.S.C. 1352. Each tier must also disclose 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 9)

● Evaluation criteria (page 10)

● Statement of qualifications and references – if new distributor to cooperative (page 11)

● Vendor questions (page 12)

● Affirmative Action Statement (page 13)

● 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, with each item saved separately and clearly labeled with item name.

● Confirmation list of members you will/will not service

Fax and/or Email submissions are not accepted

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