rfb-2027-dph-01-formu.pdf

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

FOR WOMEN, INFANTS, AND CHILDREN (WIC PROGRAM)

INVITATION TO BID

COMMBUYS BID Number: BD-26-1031-BFHN0-BFH01-123860

FOR

NEW ENGLAND AND TRIBAL ORGANIZATIONS (NEATO)

WIC RETAIL INFANT FORMULA REBATE AGREEMENT

Cherokee Nation

Connecticut

Maine

Massachusetts

New Hampshire

Rhode Island

Vermont

Bid Due: Wednesday, March 11, 2026; 10:00 AM ET Please note hereafter all date and time references are Eastern Time (ET)

Invitation To Bid for the New England and Tribal Organizations (NEATO) Page 2 of 16 WIC Retail Infant Formula Rebate Agreement, January 2026

TABLE OF CONTENTS

Procurement Terminology

I. Procurement Description

A. Background

B. Agreement Period

C. Commitment to Breastfeeding

II. Bid Requirements 6

A. Bidder Eligibility

B. Estimated Procurement Calendar and Details

C. Bid Package – Required Documents and Details

D. Bid Evaluation and Award

III. NEATO Special Provisions

IV. State of Connecticut, New Hampshire, and Vermont Special Provisions

V. Goods and Services to Be Provided

DATA TABLES Table 1 Infant Participant Data Table 2 Contract & Non-Contract Formula Redeemed Table 3 Vendor Data

Appendix

DRAFT AGREEMENT

Attachment 1

NEATO BID SHEET

Attachment 2

EVALUATION CRITERIA

Attachment 3

SAMPLE REBATE INVOICES

Attachment 4

INFANT FORMULA RETURN POLICIES Attachment 5

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PROCUREMENT TERMINOLOGY

“Bidder” refers to all potential respondents to this Invitation to Bid (ITB).

“Manufacturer” refers to the successful bidder who is subsequently awarded an Agreement.

“New England and Tribal Organizations” or “NEATO” refers to the six (6) states and one (1) tribe acting as an alliance in issuing the ITB and entering into a signed Agreement with the Manufacturer that receives the award as a result of this ITB.

“WIC vendor” refers to authorized WIC retail grocery stores and pharmaceutical stores.

“Infant formula” means a food that meets the definition of an infant formula in section 201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z)) and that meets the requirements for an infant formula under section 412 of the Federal, Food, Drug, and Cosmetic Act (21 U.S.C. 350a) and the regulations at 21 CFR parts 106 and 107.

“Contract brand infant formula” means all infant formulas (except exempt infant formulas) produced by the Manufacturer. If the Manufacturer subcontracts for soy-based infant formula, then all soy-based infant formulas covered by the subcontract are considered contract brand infant formulas. Contract brand infant formulas also include all infant formulas (except exempt infant formulas) introduced by the Manufacturer after the award.

“Primary contract infant formula” means the specific infant formula for which the Manufacturer submits a bid to NEATO in response to a rebate solicitation and for which a contract is awarded by NEATO as a result of the bid.

“Non-contract infant formula” means all infant formula (including exempt infant formula) that is not covered by the infant formula contract awarded by NEATO.

“Exempt Formula” means an infant formula that meets the requirements for an exempt infant formula under section 412(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(h)) and the regulations at 21 CFR parts 106 and 107.

“Emergency Period” means a period during which there exists: (1) a presidentially declared major disaster as defined under Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), (2) a presidentially declared emergency as defined under Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.), (3) a public health emergency declared by the Secretary of Health and Human Services under Section 319 of the Public Health Service Act (42 U.S.C. 247d), (4) a renewal of such a public health emergency pursuant to Section 319. This aligns with the definition provided by the Access to Baby Formula Act of 2022 (P.L. 117-129) and does not include State-declared emergencies, disasters, or public health emergencies.

“Recall” means recall as defined in 21 CFR 7.3(g) or any successor regulation. Recalls may be conducted voluntarily by a manufacturer or may be required by FDA.

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“Supply chain disruption” means a shortage of WIC supplemental foods that limits WIC participants' ability to reasonably purchase supplemental foods using WIC benefits within a State agency's jurisdiction, as determined, and declared by the Secretary for the purposes of WIC.

“Qualified administrative requirement” means (1) a statutory requirement under Section 17 of the Child Nutrition Act of 1966 (CNA; 42 U.S.C. 1786) or a regulatory requirement issued pursuant to this section.

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I. PROCUREMENT DESCRIPTION

The Cherokee Nation, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont alliance seek to comply with 7 CFR §246.16(a), soliciting sealed bids under the single-supplier competitive system from infant formula manufacturers to supply and provide a rebate on all infant formulas it produces that the above states or tribe choose to issue, except exempt infant formulas, to participants in the Special Supplemental Nutrition Program for Women, Infants, and Children (hereinafter WIC). No additional states or tribes shall be added to this alliance between the date of this bid solicitation and the end of the contract.

A. BACKGROUND

The WIC Program is funded by the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS). The purpose of the program is to provide supplemental foods, nutrition education, breastfeeding promotion and support, and referrals for health and support services to eligible participants. WIC provides services to pregnant, breastfeeding and post-partum women, infants, and children up to five (5) years of age who are at nutritional risk. WIC provides a monthly prescription of supplemental nutritious foods such as milk, eggs, cheese, yogurt, whole grains, fruits, vegetables, beans, and peanut butter to certified participants. Participants must meet residency, identity, and income eligibility requirements, and be verified to be at nutritional risk by a health care professional.

The WIC Program is administered on the local level by WIC agencies in the Cherokee Nation, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont; [hereinafter the New England and Tribal Organizations (NEATO)]. In Massachusetts, state funding is provided in addition to federal funding.

Participants in NEATO are issued Electronic Benefit Transfer (EBT) cards that permit electronic access to WIC food benefits. Participants are issued a card to each family group or household for specific authorized foods. Food purchases are decremented from the card by WIC vendors (either in-store or via an online shopping portal), pre-payment edits are performed on each item, processed through the WIC vendor’s system, and then transmitted through the accounting system of each NEATO member. WIC vendor payments are sent electronically to the vendor’s bank of choice. Be advised online ordering may be implemented during the Agreement period.

Massachusetts is currently the only NEATO member with online shopping.

Through the EBT system, infant formula issuance is restricted to the Formula Category and separated into subcategories defined by each infant formula’s unique Universal Product Code (UPC). NEATO issues infant formula benefits to participants in accordance with 7 CFR §246.10(e)(1) through (e)(3) and (e)(9), of the WIC Program regulations. In addition, each state/tribe has the option of providing the Full Nutritional Benefit (FNB), using the rounding up methodology outlined in 7 CFR §246.10(h) when issuing infant formula. NEATO members may exercise their right to use this option at any time during the Agreement. Connecticut, Rhode Island, and the Cherokee Nation currently round up to the next whole unit of infant formula.

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From February to July 2025, NEATO provided WIC benefits and services to 291,015 infants.

Please refer to the Data Tables Appendix for more information on infant participation data. Be advised, no assurance, promise, or guarantee will be given that the participation data included in this bid will reflect the actual participation that will occur under the new Agreement.

B. AGREEMENT PERIOD

1. The Agreement shall be effective for thirty-six (36) months beginning October 1, 2026, and ending September 30, 2029. NEATO shall have the option to extend the Agreement for one (1) additional two (2)-year period, or any portion thereof, under the same terms, conditions and rebate structure for the entire term of the Agreement, including any options to renew or extend. This is non-negotiable and shall be included in the Agreement. A copy of the Draft Agreement is included as Attachment 1.

2. NEATO will notify the Manufacturer in writing no later than January 31, 2029, if

NEATO intends to exercise the option for an extension until September 30, 2031. Such notification shall have no effect on the remainder of the Agreement. NEATO reserves the unilateral right to order changes and/or to delay initiation of the Agreement if NEATO deems it necessary and if such changes or delays do not alter the scope of the Agreement.

C. COMMITMENT TO BREASTFEEDING

Be advised, NEATO is fully committed to breastfeeding as the recommended choice for infant feeding unless medically contraindicated. In alignment with WIC’s ongoing efforts, NEATO is actively promoting breastfeeding through education and outreach initiatives and shall continue to pursue this commitment during the Agreement.

II. BID REQUIREMENTS

A. BIDDER ELIGIBILITY:

1. Bidders must be registered with the Secretary of Health and Human Services under the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

2. Only bidders who offer all of the following products may submit a bid:

• Powdered milk infant formula

• Powdered soy infant formula

• Liquid concentrate milk infant formula

• Liquid concentrate soy infant formula

• Ready-to-feed milk infant formula

• Ready-to-feed soy infant formula.

3. Bidders who do not produce soy-based infant formula products directly may submit a bid only if they subcontract with another manufacturer to supply the soy-based infant formula.

Bidders are required to pay rebate on the soy-based infant formula supplied by the subcontractor pursuant to §7 CFR 246.16a(c)(2)(i).

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4. The infant formula products must contain at least ten (10) milligrams of iron per liter (at least

1.5 milligrams iron per one hundred (100) kilocalories) at standard dilution (except as specified in 7 CFR §246.10(d) when medical documentation is required), meet the requirements under 7 CFR §246.10(e)(1)(iii) and (2)(iii), be suitable for the routine issuance to the majority of generally healthy, full term infants, and comply with the Federal Food, Drug, and Cosmetics Act and regulations issued pursuant to the Act.

5. Bidders must have a Redundancy Risk Management Plan, as required by Section 424 of the

Federal Food, Drug, and Cosmetic Act.

6. Bidders must be able to supply the quantities of infant formula required to meet one hundred

(100) percent of NEATO’s needs beginning October 1, 2026 through the final contract extension date.

7. In the event of any change to applicable tribal, state or federal law, regulation, or interpretation thereof by any court of law or governing body, that affects any term in this bid or the awarded Agreement, the parties agree to amend said terms in this bid or the awarded Agreement to comply with the law.

B. ESTIMATED PROCUREMENT CALENDAR AND DETAILS

1. Estimated Calendar

EVENT DEADLINE

Bid Release Date: January 13, 2026 Bidder Questions Due: January 27, 2026, 11:00 AM ET Response to Bidder Questions:

February 19, 2026

Bids Due: March 11, 2026, 10:00 AM ET Public Bid Opening: March 11, 2026, 10:30 AM ET Estimated Contract Award Notification:

March 19, 2026

Agreement Start Date: October 1, 2026

1. Question & Answer Period. Questions regarding this ITB must be submitted via email to beth.wilson@mass.gov in a Microsoft Word document received not later than 11:00 AM ET on Tuesday, January 27, 2026. All questions and comments shall be directed to the NEATO ITB Representative: Beth Wilson-Lampro, beth.wilson@mass.gov. Written answers issued in response to timely filed questions shall be posted on COMMBUYS by Thursday, February 19, 2026. Responses to all questions shall be prepared jointly by NEATO and binding upon any state/tribe as long as it continues to participate in the receiving of bids, evaluation of bids, awarding of the Agreement, and implementation of the Agreement and shall constitute an amendment to the bid and incorporated into the Agreement. No oral responses shall be provided to bidder questions.

mailto:beth.wilson@mass.gov

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2. Bid Due Date. All bids are to be submitted electronically using the online submission tools available to vendors registered in COMMBUYS. Bids must be submitted by Wednesday, March 11, 2026, at 10:00 AM ET. Only bids received by the 10:00 AM ET deadline will be considered. Bids submitted via COMMBUYS are stamped by the COMMBUYS system clock which is considered the official time of record. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like internet traffic, internet connection speed, file size, and file volume. NEATO is not responsible for delays encountered by Bidders or their agents, or for Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Late bids will be rejected, without exception. An email will be sent to the contact listed in the Vendor’s company profile confirming the bid was uploaded. Be advised, “No Bid” should not be checked anywhere in the quote in COMMBUYS. Checking No Bid sends the quote to a different location in COMMBUYS and NEATO cannot guarantee that a bid submitted with a “No Bid” checked will be received or reviewed.

3. Vendor Registration and Bid Submission Instructions.

• There is no charge to register as a Vendor. Go to www.COMMBUYS.com and click on the “Register” link on the homepage. A COMMBUYS Vendor Registration job aide is also available.

• To check if a company is already registered as a Vendor in COMMBUYS, use the search tool at the top left of the homepage, select Vendors, and type in the company name. If a company is already registered, ensure the appropriate contact information for the purposes of this ITB is added to the company profile. A Maintain and Add Users to COMMBUYS Vendor Account job aide is available.

• Bidders are advised to ensure Vendor registration and contact information is established and accurate prior to the Bidder Questions due date. All notifications through the COMMBUYS system will be emailed to the contact on the company profile.

• Bidders are strongly encouraged to upload attachments in advance of the Bid Opening Date to reduce disqualified submissions that can occur if upload is not fully completed or if an attachment is missing. Prior to the Bid Opening date documents can easily be deleted and revised versions can be uploaded. Please review the Withdraw, Reopen, and Resubmit a Quote in COMMBUYS Job Aide for additional instructions.

• BIDDERS TAKE NOTICE, when submitting a bid, “No Bid” should not be checked anywhere in the quote in COMMBUYS. This includes the General Screen and the Items tab. Checking No Bid sends a quote to a different location in COMMBUYS than the rest of the quotes for that Bid. NEATO cannot guarantee that a bid submitted with a “No Bid” checked will be received or reviewed.

• Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified.

Attachments must be uploaded individually and cannot be combined in a zipped file.

• All response attachments that are uploaded in COMMBUYS must include the company name of the Bidder, the RFR number and the name of the document. (e.g. Company Name _ RFR Number _NEATO Bid Sheet).

• COMMBUYS will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save and submit the contents as multiple files.

• COMMBUYS Resource Information is available at www.mass.gov/osd/commbuys. How to Submit a Quote on COMMBUYS job aide is available. All inquiries related to Vendor https://www.mass.gov/doc/commbuys-vendor-registration-job-aid/download https://www.commbuys.com/bso/ https://www.mass.gov/doc/maintain-and-add-users-to-commbuys-vendor-account/download https://www.mass.gov/doc/maintain-and-add-users-to-commbuys-vendor-account/download https://www.mass.gov/doc/how-to-withdraw-reopen-and-resubmit-a-quote-in-commbuys/download https://www.mass.gov/doc/how-to-withdraw-reopen-and-resubmit-a-quote-in-commbuys/download http://www.mass.gov/osd/commbuys https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download https://www.mass.gov/doc/how-to-create-a-quote-in-commbuys/download

Invitation To Bid for the New England and Tribal Organizations (NEATO) Page 9 of 16 registration and quote submission shall be sent to the COMMBUYS OSD Help Desk at OSDHelpDesk@mass.gov or call the Help Desk at 1-888-627-8283 or 617-720-3197.

The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays. Every effort is made to respond to inquiries within one (1) business day.

4. Public Bid Opening. The bid opening shall be on Wednesday, March 11, 2026, at 10:30 AM

ET. At the bid opening, the electronically sealed bids shall be accessed and unsealed virtually by a Massachusetts Department of Public Health procurement official on COMMBUYS. The NEATO Bid Representative will then open the bids and the Bid Sheet will be read aloud. No other information shall be given, questions will not be accepted. The selection of the successful bidder shall not be made at the bid opening. The public bid opening is scheduled to be held virtually. If any interested party would like to attend the bid opening in person, please notify the NEATO Bid Representative, Beth Wilson-Lampro, via email beth.wilson@mass.gov, no later than ten (10) business days prior to the bid opening. All relevant details, including the event link and physical address (if requested), will be posted on COMMBUYS no later than (5) five business days prior to the bid opening.

C. BID PACKAGE - REQUIRED DOCUMENTS AND DETAILS

Bidders shall submit all of the following documentation as their bid package, or the bid shall be disallowed:

NEATO Retail Infant Formula Rebate Bid Sheet (described in Section 1.a-c.)

“Certificate of Incumbency” or similar document (described in Section 1.b.)

Product Purchasing Methods & Wholesale and Distribution Network Description

(described in Section 2) Wholesale and Distribution Network Listing (described in Section 3) Nationally Published Wholesale Price List (described in Section 4)

1. NEATO Retail Infant Formula Rebate Bid Sheet

a. Bidders must complete the NEATO Retail Infant Formula Rebate Bid Sheet (ITB

Attachment 2). The Bid Sheet is a pre-filled Excel spreadsheet. Bidders shall only enter data in the highlighted gray areas. Columns B through G must be completed for the bidder’s milk-based powder, liquid concentrate, and ready-to-feed physical forms. Bids must be submitted to at least three (3) decimal places. Bidders shall record their lowest national wholesale price per unit for a full truckload as of the date of the bid opening.

Numbers highlighted in blue represent six (6) months of the most recent NEATO data available as the standardized number of infants for evaluation. This includes the average monthly number of fully formula fed (FF) and partially breastfed (PBF) infant participants. Infants exclusively breastfed or issued exempt formula are excluded.

b. Bidders must sign the Bid Sheet. The bid must be signed by a company representative with the legal authority to commit the company to this bid, as documented by a signed “Certificate of Incumbency” or similar document attached with the bid.

mailto:OSDHelpDesk@mass.gov mailto:beth.wilson@mass.gov

Invitation To Bid for the New England and Tribal Organizations (NEATO) Page 10 of 16 o Acceptable forms of signature are: 1. Traditional “wet signature” (ink on paper); 2.

Electronic signature that is either hand drawn using a mouse or finger if working from a touch screen device, or an uploaded picture of the signatory’s hand drawn signature; 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. Be advised, if using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

o To fulfill the signature requirements, it is acceptable to complete the bid document in Excel and convert to PDF for signature. NEATO will allow either a Microsoft Excel or Adobe PDF of the Bid Sheet, as long as it has acceptable forms of signature.

c. By signing the bid, the bidder certifies:

o It is registered with the Secretary of the United States Department of Health and

Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and its products and each infant formula product to be supplied under the terms of the Agreement, whether directly or through subcontracting, are in compliance with Federal Food, Drug, and Cosmetic Act and regulations issued pursuant to the Act.

o Its formulas offered through this ITB meet the requirements of 246.10 (e) (l)(iii) and 246.10(e)(2)(iii) and are suitable for the routine issuance to the majority of generally healthy, full term infants.

o It can and shall supply the quantities of infant formula products offered by the bidder to meet one hundred (100) percent of NEATO’s needs at all WIC vendors in all geographical areas.

o It has a Redundancy Risk Management Plan, as required under Section 424 of the Federal Food, Drug, and Cosmetic Act.

2. Bidder’s Product Purchasing Methods & Wholesale and Distribution Network Description

a. The bidder shall provide a short description (no less than one paragraph but no more than one (1) page) of how infant formula products offered by the bidder can be purchased by authorized WIC vendors at the bidder’s current published wholesale quantity/price categories, as well as, the wholesale and distribution network that is, or shall be, established in all geographical areas served by each of the NEATO members in order to provide the required quantities of contracted infant formula products to all WIC vendors by the effective date of the Agreement. Microsoft Word or Adobe PDF format is allowed.

3. Bidder’s Wholesale and Distribution Network Listing

a. The bidder shall provide a list of wholesale distributors and/or distribution points to be used, including addresses. Microsoft Word, Excel, or Adobe PDF format is allowed.

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4. Bidder’s Nationally Published Wholesale Price List

a. The bidder shall provide their nationally published wholesale price list as of Wednesday, March 11, 2026, for each type and form of infant formula in their product line. Microsoft Word, Excel, or Adobe PDF format is allowed.

D. BID EVALUATION AND AWARD

1. The Agreement shall be awarded to the responsive bidder offering the lowest total monthly net price for a standardized number of units of infant formula.

• To be responsive, a bidder must submit a bid by Wednesday, March 11, 2026, at

10:00 AM ET; meet all requirements in 7 CFR §246.16(a); and meet all requirements set forth in this bid solicitation. For reference, Attachment 3 (Evaluation Criteria) lists all technical requirements under review during the NEATO bid evaluation to determine if a bidder was responsive.

• All bids shall be ranked by the lowest total monthly net price, which is based on the lowest national wholesale price per unit for a full truckload of infant formula as of the date of the bid opening and rebate amounts. The monthly net cost for all formulas shall be determined for each bidder on the Bid Sheet, and the single lowest bidder determined.

2. The successful bidder and the non-selected bidder(s) shall be notified by email as soon as possible after NEATO evaluates the bids.

3. NEATO accepting an offer and making an award, acting as an alliance, shall post a public announcement on COMMBUYS.

III. NEATO SPECIAL PROVISIONS

A. NEATO reserves the right to accept or reject all or any part of any bid, to waive minor technicalities, and/or to award the bid solely as it deems to be in the best interest of NEATO, as defined through the result of the bid evaluation process set forth in Section II.D above and the Evaluation Criteria (Attachment 3).

B. The successful bidder’s proposed rebate and any extensions, if accepted, shall become the official rebate incorporated into the resulting Agreement. The official rebate and method by which the rebate is calculated is not negotiable.

C. The offer of a rebate is voluntary, but once an offer is accepted, a binding contractual agreement exists. The conditions contained in this bid and the Draft Agreement (Attachment 1) form the basis for the contractual agreement. Following the question, comment and response process, there shall be no modifications to the terms and conditions contained in this bid and Draft Agreement, except as a result of said question, comment and response process or for the correction of typographical errors. Bidders may submit proposed language or terms and conditions and

Invitation To Bid for the New England and Tribal Organizations (NEATO) Page 12 of 16 modifications prior to the deadline for questions. Any such consideration and modification must recognize that competitive bid principles shall not allow any modification to terms related to the impact of the offer on net formula costs, that it is unlikely the needs of participants and the several state/tribe IT systems and the decision-making process would accommodate changes having significant impact on the rebate system, and that changes could only be those which are allowed by all the purchasing and administrative rules and policies of all of the states/tribe planning to implement the Agreement.

D. NEATO shall act as an alliance. No individual state/tribe rebate offers shall be considered.

E. In the event of a conflict between the terms of the Agreement and the terms of a state/ tribe-specific clause in the Agreement Appendices, the terms of the Appendices shall control.

IV. STATE OF CONNECTICUT, NEW HAMPSHIRE, AND VERMONT SPECIAL

PROVISIONS

Connecticut: Conn. Gen. Stat. 21a-12C. No person or entity shall manufacture, sell, offer for sale, or distribute in this state any infant formula or baby food that is stored in a plastic container, jar, or can that contains bisphenol-A. (1) “infant formula” means a milk-based or soy-based powder, concentrated liquid or ready-to-feed substitute for human breast milk, that is intended for infant consumption and is commercially available, and (2) “baby food” means a prepared solid food consisting of a soft paste or an easily chewed food that is intended for consumption by children two (2) years of age or younger and is commercially available.

The selected vendor must apply for the following prior to contract approval: Conn. Gen. Stat. § 12-409: (a )No person shall engage in or transact business as a seller within this state, unless a permit or permits have been issued to such person as prescribed in this section. (b) Every person desiring to engage in or conduct business as a seller within this state shall file with the commissioner an application for a permit for each place of business. Every application for a permit shall be made upon a form prescribed by the commissioner and shall set forth the name under which the applicant transacts or intends to transact business, the location of the applicant's place or places of business and such other information as the commissioner requires.

The application shall be signed by the owner if a natural person; in the case of an association or partnership, by a member or partner; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the application.

New Hampshire: “General Provisions Form P-37” constitutes part of this Agreement and is hereby incorporated by reference as if fully set forth herein and shall apply to the purchase of all goods and/or services by the State under this Agreement. A copy of this document is attached as Draft Agreement Appendix F.

The selected vendor must submit the following documents to New Hampshire prior to contract approval: (1) a Certificate of Good Standing obtained by the Secretary of State of New Hampshire, (2) Certificate of Authority/Vote - the Certificate of Authority/Vote authorizes, by position, a representative(s) of your corporation to enter into an agreement or amendment with

Invitation To Bid for the New England and Tribal Organizations (NEATO) Page 13 of 16 the State of New Hampshire, (3) Certificate of Insurance – Certificate of Insurance evidencing coverage as required under the contract.

Vermont: “Standard State Provisions for Contracts and Grants” (revision version dated October 1, 2024) constitutes part of this Agreement and is hereby incorporated by reference as if fully set forth herein and shall apply to the purchase of all goods and/or services by the State under this Agreement. A copy of this document is available online at:

https://bgs.vermont.gov/purchasing-contracting/forms. Draft Agreement Appendix H, Attachment D clarifies sections of Attachment C that are not applicable for the bidder.

V. GOODS AND SERVICES TO BE PROVIDED

A. The milk-based formula specified by the bidder on the NEATO Bid Sheet awarded the contract shall become the “primary contract infant formula” and shall be the first choice of issuance for all WIC participants eligible for formula by NEATO. All other formulas will be issued as an alternative to the primary contract formula.

B. Except for the issuance of primary contract formula as the formula of first choice, NEATO provides no guarantee of the quantity, type, or physical forms that will be used during the term of any Agreement resulting from this bid.

C. Rebate is to be provided on all physical forms of infant formula the successful bidder produces, including any new infant formulas (except exempt formula) during the term of any Agreement resulting from this bid.

D. A rebate is to be paid on any contract formula (except exempt infant formula) each state/ tribe chooses to approve for issuance. Each state/tribe may require medical documentation before issuing any contract infant formula per 7 CFR §246.16a(c)(9) and 7 CFR §246.10 (d)(1)(vi) and (2)(ii).

E. The rebate on all other contract infant formulas (including new formula but excluding the primary contract formula) shall be calculated by multiplying the percentage discount, as specified on the bid sheet, for each corresponding physical form of the primary contract infant formula for which bids were solicited. The discount established at the beginning of the contract (by physical form), is used to calculate the rebate for infant formula (new and existing) added to the contract. Therefore, the percentage discount for the primary brand powder formula shall apply to other powder formulas produced by the successful bidder that are issued by NEATO, and so on for the liquid concentrate and ready-to-feed forms. The percentage discount must remain the same throughout the contract period except for the cent-for-cent rebate adjustments (see H below).

F. The rebate for infant formula added to the contract after the start date (new and existing) is calculated using the lowest national wholesale price per unit for a full truckload of the formula at the time the formula is approved for issuance by each state/tribe.

https://bgs.vermont.gov/purchasing-contracting/forms

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G. If the successful bidder discontinues production of the primary contract infant formula, a rebate must be provided which yields the same net cost per ounce for the replacement formula.

H. Price level adjustments (increases or decreases) in the successful bidder’s lowest national wholesale price for a truckload of infant formula shall result in an automatic rebate adjustment on a cent-for-cent basis, taking effect for formula benefits redeemed, in accordance with state and federal rules, on or after the first day of the month following any such adjustment in the successful bidder’s lowest national wholesale price for a truckload of infant formula. Any adjustments in the lowest national wholesale price for a truckload of infant formula after completion of the bid sheet shall be reflected in a cent-for-cent adjustment to the initial bid amount.

I. Purchase of non-contract brands of infant formulas by NEATO is allowed per 7 CFR

§246.10(d)(1)-(2). Ready-to-feed formula issuance by NEATO is allowed per 7 CFR §246.10(b)(1)(ii) and (e)(1)(iv). NEATO adheres to all applicable federal guidelines regarding formula issuance and rebate. Please see Attachment 5 for NEATO policies on returned infant formula.

J. The successful bidder cannot be required to provide gratis items, such as sample units of infant formula, and/or educational materials, such as brochures and flyers.

K. The successful bidder cannot make use of the WIC Acronym or WIC Logo service marks in its advertising or on its goods, furthermore the WIC Acronym is not to be used in manufacturer advertising in any manner likely to cause confusion, mistake, or deception as to the affiliation, connection, or association of a manufacturer with the WIC Program, or as to the sponsorship or approval of a manufacturer’s goods, services, advertising, or commercial activities, including nutritional message(s), by the WIC Program, USDA, or the State agency.

L. The successful bidder can contact each state/tribe for routine business activities. The NEATO Representative can be contacted for information on bid solicitations and dissemination of information to NEATO.

M. The successful bidder shall:

1. Provide all infant formula products required in any Agreement in sufficient supply to meet one hundred (100) percent of WIC caseload requirements for purchase during the Agreement period. These products shall be packaged in containers which are not different than the containers distributed by the successful bidder to retail vendors for sale to the general public, consistent with any applicable federal, state, or tribal laws regarding containers.

2. Guarantee availability of said infant formula products beginning October 1, 2026 to all of the NEATO vendors through currently utilized marketing channels and practices, or makes such distribution changes as needed to guarantee availability. WIC vendors are responsible for stocking adequate levels of contract formula made available by the successful bidder through its marketing channels and practices.

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All WIC benefits for NEATO participants with first use dates ON or AFTER October 1, 2026 shall be for the new contract products. All benefits with first use dates BEFORE October 1, 2026 shall be for the current contract products. Transition plans may be discussed with each state/tribe.

3. Provide contact information to each NEATO member of the individual responsible for ensuring product availability in each state/tribe.

4. Not less than sixty (60) days prior to implementation of the Agreement contact all major wholesalers/brokers, all authorized WIC retail outlets (i.e., chain and independent grocers and pharmacies), and grocer and wholesaler associations in each NEATO state/ tribe to assure adequate knowledge of the contract brand of WIC infant formula products by those parties.

Each NEATO state/tribe shall supply necessary information, such as the names and addresses of current authorized WIC vendors. Each NEATO state/tribe shall also communicate directly with WIC retail outlets to inform them of any change in contract brand of formula. The successful bidder shall not have access to any information about a vendor that individually identifies the vendor except for the vendor’s name, address, telephone number, website, email, store type, and authorization status per 7 CFR § 246.26(e).

5. Provide notification of any new or replacement milk or soy-based infant formula products at least as early as notification is made to all other customers. Such products must be submitted to and approved for use in each NEATO state/tribe, at the sole discretion of each state/ tribe. Each state/tribe reserves the right to accept or reject the successful bidder’s offer.

6. Provide at least ninety (90) days advance notification to NEATO of any changes in labels, unit size, reformulation, reconstitution, UPC Number, and discontinuation of infant formula.

7. Abide by all applicable federal regulations and contract stipulations in the event of supply problems due to any cause to mitigate disruption to participants as specified in Attachment 1, Draft Agreement, Section 4 (Performance Disruptions).

8. Remit to each NEATO state/tribe a rebate per unit, as specified in this Section V and in

Attachment 1, Draft Agreement, Section 2 (Manufacturer’s Rebate).

9. Make monthly rebate payments to each NEATO state/tribe based on the invoice and billing method as specified in Attachment 1, the Draft Agreement, Section 5 (Invoicing, Billing, and Remitting), and the documentation of purchases submitted by the respective state/tribe, based upon the number of units issued and actual total number of formula units redeemed, supported by documents subject to audit. Each state/tribe shall not be obligated by the successful bidder to make changes to their food benefit tracking, reporting, and reconciliation systems for the purposes of any Agreement resulting from this bid. See Attachment 4 for copies of recent rebate invoices from each state/tribe.

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10. Transmit monthly rebate payments to each NEATO state/tribe within thirty (30) days of receipt of the invoice. If payment is not received by each state/tribe within thirty (30) days of receipt of the invoice, the successful bidder shall pay the state/tribe, in addition to the amount due, interest at a rate of three-quarters of one percent (.75%) per month or portion thereof on the unpaid balance from the expiration of such thirty (30)-day period until such time that payment is received by the state/tribe. Rebate payment or interest shall not be withheld for any reason.

11. Provide written notice to the NEATO state/tribe of any dispute regarding a rebate invoice within ninety (90) days of receipt of the invoice. All disputes must be resolved by closeout of the federal fiscal year during which the dispute occurred. See Attachment 1, the Draft Agreement, Section 7 (Disputes and Dispute Resolution).

12. Be totally and exclusively responsible for all costs related to requests for audits, inspections, and reviews of NEATO’s or any individual state/tribe records created solely for this purpose, outside of the usual documents (such as the state/tribe’s MIS or paper records) required to report invoices reflecting the number of units issued and redeemed.

Access to actual or archived food benefit information and/or other confidential records shall be subject to state, tribe and federal confidentiality requirements. The successful bidder shall not have access to actual or archived documents or other confidential records that identify WIC applicants, participants, and/or household members per 7 CFR § 246.26(d)(1)(i).

13. Be totally and exclusively responsible for any costs associated with any claim arising from such an audit, including any fees incurred by an independent auditor. In the event that a claim submitted by the successful bidder for billing errors is disputed by a NEATO state/tribe, the successful bidder and the individual state/tribe shall agree upon an independent auditor to review the claim and determine its validity.

14. Provide any NEATO state/tribe with its audit standards, guides and audit plan for conducting the audit thirty (30) days prior to conducting the audit.

15. Meet, as requested by either party, to review progress and performance. See Attachment 1, the Draft Agreement, Section 23 (Review of Progress and Performance).

16. Reference Attachment 1, the Draft Agreement for complete details on terms and conditions.