RFP 2026-2027 Produce.pdf

Windham Public Schools

Department of Food Service 123 Quarry St. Willimantic, CT. 06226 evolle@windham.k12.ct.us

RFP

Produce Bid 2026-2027

Instructions to Bidders

Windham Public Schools Food Service Department will receive bids for PRODUCE for the period of August 1, 2026 through July 31, 2027 until 1 PM on April 3, 2026.

Awarded bid is not solely based on price.

The enclosed bid instructions and specifications detail the requirements we are looking for. Please read all documents carefully then sign and return all required forms. All bids must be submitted on the proposal forms furnished with the bid specifications, bid on EVERY item and make sure your bid is clearly PRINTED OR TYPED. Any changes in product and/or packaging sizes MUST be noted on your bid. Bids should reflect each item description as specified or comparable alternatives.

Deliver or mail sealed bids to Windham Public Schools at the address below. Bid envelopes must be clearly marked “Produce Bid”.

Faxes and/or emails will NOT be accepted.

Please note that the Windham Public Schools Food Service Department is looking for a bid commitment of one (1) year.

SEND BID SUBMISSION VIA: US Mail/Common Carrier

TO:

Windham Public Schools Department of Food Service

Attention: Eric Volle

By: April 3, 2026

MUST ARRIVE NO LATER THAN 1 PM

Any questions regarding this bid must be submitted in writing via email to: evolle@windham.k12.ct.us

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Windham Public Schools Department of Food Service

Attention: Eric Volle

Sealed bids for furnishing Groceries to Windham Public Schools, will be received until the time and date stated below.

Bids will be accepted/received until 1 PM on April 3, 2026 at Windham Public Schools 123 Quarry St. Willimantic, CT.

06226 Attention: Department of Food Service. Place your bid in a sealed envelope, CLEARLY MARKED:

Produce Bid April 3,2026

Any bid received after the time and date as specified will not be considered. Windham Public Schools reserves the right to accept or reject any and all bids in total or in part as they may deem to be in the best interest of the school district.

Bidders are urged to read all documents carefully and fill out all information requested. The specifications state the kind of products Windham Public Schools will accept bids on and are not meant to be restrictive.

Please submit a bid price on EVERY item. If you are not bidding on an item please indicate with a “NO BID” in the price field.

Please refer to the “Check List” of Items that MUST Accompany Submitted Bid” for required documents, on last page of bid.

You must provide country of origin for all items submitted on this bid. You will find this on the bid item request document.

Please refer to the following website, which outlines the Healthy Hunger Free Kids Act of 2010 whole-grains criteria for the whole-wheat and whole-grain items found on the grocery bid:

https://portal.ct.gov/-/media/SDE/Nutrition/NSLP/Crediting/WGRCriteria.pdf

Windham Public Schools reserves the right to increase or decrease the number of units purchased at the quoted unit price.

https://portal.ct.gov/-/media/SDE/Nutrition/NSLP/Crediting/WGRCriteria.pdf

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BID SPECIFICATIONS

LOCATION

Windham Public Schools will communicate with the winning bidder in reference to actual names and addresses of schools within their district. The current list of schools can be found on page 10 of this document. Please be aware that some schools have security protocols, rules and regulations that need to be adhered to during the delivery of products.

INTENT

It is the intention of these specifications to cover all labor, material, tools, equipment, other appliances or services, and fuel costs required to complete work herein specified and/or described in the accompanying agenda.

AWARD OF BID

1. Bids will be awarded on or before April 3, 2026. Windham Public Schools reserves the right to choose more than one (1) bidder, as deemed to be in the best interest of the cooperative.

2. Nutritional Analysis, CN label and signed product formulation statement, MUST be submitted to the Windham

Public Schools Director of Food Service with all items that appear on this bid at the time of the bid opening and on every item ordered throughout the year. Nutritional Analysis, CN label and signed product formulation statement, MUST be provided at the request of any individual school district. Examples are attached.

a) Must be submitted with the bid

b) Must be updated every 6 months, and re-sent to the Windham Public Schools Food Service Director.

3. This bid requests firm prices for the period of August 1, 2026 through July 31, 2027.

4. Awarding vendor(s) MUST honor those items bid on. No substitutes are to be made without prior agreement/notification with the Windham Public School Food Service Director, or the item(s) will be returned, OR the substituted item will be billed at the original ordered items’ bid price.

5. Windham Public Schools reserves the right not to award this bid to any of the bidders.

6. Vendors must submit a capability statement with the bid proposal.

7. WPS reserves the right to request and purchase new products not originally on the bid to initiate taste tests or trials. The awarded vendor shall charge the cooperative a cost-plus fixed fee for the new products requested by the cooperative.

8. WPS will award the contract to the lowest responsive and responsible bidder or bid/offer most advantageous to the program with price and other factors considered. {2 CFR Part 200.320©(2)(iv) or (d)(4)/7 CFR 3016.36(d)(2)}

9. This proposal shall become part of any contract signed with the awarded vendor.

10. Any questions by bidders must be submitted in writing via email to evolle@windham.k12.ct.us or mail to:

Windham Public Schools 123 Quarry St. Willimantic, CT. 06226. No phone calls please.

mailto:evolle@windham.k12.ct.us

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QUALITY

1. Product Specifications

A. Brand: Exact brand name of product that is being bid on (i.e.: Dole, Tyson, Clorox) must be clearly marked on bid.

B. Grade: The USDA Grade specification (i.e.: Fancy Grade A, Choice Grade A) must be bid.

C. Codes:

l. National Brand Codes: Bids must match the code (manufacture code) for the product (i.e.:

Tyson brand unbreaded teriyaki chicken tender code number) to be sure all vendors bid the same product.

ll. Private Label Brand Codes: If a vendor bids a private label item (i.e.: Luigi’s tomato sauce) the code needs to include the specification and all grades as seen above.

D. All items on bid need to follow the nutrition standards for school meals based on the Healthy Hunger Free Kids Act of 2010.

2. Substitutions: Under the following circumstances, substitutions will be considered on a product by product basis if a product is awarded for bid to a vendor.

A. Fill Rate: It is expected that items are in stock for the entire duration of the school contract (school year: August – July).

B. Notification

I. Short term: When a product is out of stock and there is a comparable product of higher quality that may be substituted in the short term, at no additional expense to the school district, if this is acceptable upon immediate notification of the school district.

II. Long term: When a product is consistently out of stock, a new product of higher or equal quality that is approved by the cooperative, must be provided at the awarded bid price (i.e.:

Pillsbury pancakes).

3. Recalls:

A. Vendor is responsible to notify WPS of any product recalls.

B. Vendor is responsible to provide verification that a product is released as safe to consume once the product has been categorized in a recall.

C. Vendor is responsible for pickup, disposal and replacement of all recalled products.

4. Health and Safety:

A. Vendor to have HACCP practice plans.

B. Vendor to practice safe food handling.

C. Vendor to provide Federal and/or State Health Inspection Reports upon request.

BID PERIOD

1. The award shall be for the period of one (1) year from August 1, 2026 through July 31, 2027.

2. Bid awarded by email on or before June 2, 2026.

DELIVERY EQUIPMENT

Windham Public Schools 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.

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Each carrier shall furnish a certificate of insurance issued by an insurance company showing that the Boards of Education will be protected from loss or damage to the Board of Education’s commodities, and injury or death of third persons or to carrier’s employees. Carrier will assume full common liability for all shipments.

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.

ORDERS

All orders will be placed directly with awardees by telephone, FAX, computer devices, or sales appointments at locations, by the individual qualified purchasing official, who in some cases may be the individual lunchroom manager.

Emergency deliveries will be delivered within a 24-hour period.

DELIVERY CRITERIA

Deliveries shall be made to the receiving area of individual schools (inside) between the hours of 7Am and 1PM UNLESS previously negotiated with the district. Please be aware that some schools have security issues that you will need to meet regarding your delivering of your products.

Any product delivered in an UNACCEPTABLE condition (dented can or box, ripped container, etc.) MUST be picked up within 48 hours or another time that is agreed upon by the member, since items received in this condition could result in contaminated food.

TAX EXEMPT STATUS

1. WPS is exempt from the payment of Federal, State, or Local taxes under Section 12-412 of the General Statues of the State of Connecticut. Bid submissions should not include tax applications, unless there is a member that is not tax exempt, nor should any subsequent billings for items furnished.

INVOICES AND STATEMENTS:

Invoices for the purchases of groceries made by schools are paid for by the Food Service Department or Boards of Education. In order to facilitate the handling of these invoices, all vendors must adhere to the following instructions:

A. Name of school must be listed on each invoice B. All items on delivery tickets must be billed according to description of item quoted.

C. All vendors must issue delivery tickets and credit memos in duplicate and both copies must be signed by qualified purchasing official.

D. Purchase order (PO) for each school delivery must be printed on all shipping tickets (invoices) E. All vendors shall forward monthly statements directly to the School Lunch Director or School Food Authority.

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

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

H. Do not mail statements to individual schools. All bills will be paid within forty-five (45) days of date of invoice.

I. A monthly statement for each school in each School District should be sent to the Food Service Director of that particular district by the fifth (5) working day of each month following date of purchase.

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CREDITS:

Credit slips MUST be sent with invoices for when products are being picked up.

REPORTING:

A. Quarterly reporting needs to be sent to WPS by the 10th of the following month. Reports need to consist of:

1. Itemized volume by product in descending order

2. Bid item numbers need to be listed on report to match bid

B. A final year-end cumulative report needs to be sent to the Windham Public School Food Service Director By the 15th of the following month ending the bid period.

CONTRACT TERMINATION

WPS reserves the right to cancel this bid at any time the vendor’s performance is, in the opinion of the district, deemed unsatisfactory. In such event, the district, in writing, shall notify the vendor of such unsatisfactory performance and the vendor shall be given thirty (30) days to remedy the problem(s). If conditions do not meet the district’s approval, the vendor will then be given, in writing, an additional thirty (30) days notice of termination. The district will be responsible for goods delivered and services rendered and accepted prior to the effective date of a termination.

Windham Public Schools may terminate the contract at any point for convenience with a 60 days’ notice in writing

A district may cancel a contract due to lack of appropriated funds.

USDA Regulations permitting Windham Public Schools reserves the right to renew this contract with the successful bidder to cover one (1) additional year.

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TERMS AND CONDITIONS

PRICING

We are requesting FIXED PRICES on all items for the period of August 1, 2026 to July 31, 2027.

WPS reserves the right to audit the awarded vendors’ books with reasonable notice being given to those vendors on a regular basis throughout the life of the contract.

An audit may be required by the cooperative during the bid period. Up to twenty (20) items will be selected from a most recent school delivery invoice. You will be notified as to the items chosen along with the dates of the invoice(s). Within three (3) weeks, Windham Public Schools is to receive a copy of your suppliers’ bill used to arrive at the prices on the delivery invoice, along with any freight charge that is also applied to any items price.

AWARDING

Bid awarded on or before June 2, 2026. Windham Public Schools reserves the right to choose more than one (1) vendor, and has the right to choose a vendor(s) that might not be the lowest bidder, as deemed to be in the best interest of the WPS. The vendor(s) chosen is to supply 100% of all items bid during the duration of the bid.

This bid will be in effect from August 1, 2026 through July 31, 2027.

NOTE:

WPS Purchasing reserves the right to increase or decrease the number of units to be purchased at the quoted unit price.

The considerations in choosing our vendor(s) for our bid are:

a. Price -70 points

b. Service - 25 points

• Vendor Credentials (references & capability statement) – 10 points

• Sales & Service (i.e. delivery changes, product shortages, recalls) – 10 points

• Ordering Procedures/Protocol – 5 points

c. Service Areas (delivery to all schools will receive 5 points) – 5 points

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EVALUATION CRITERIA FOR GROCERY BID

Solicitations evaluated based on price, service area, and service.

VENDOR:

Criteria Points Given Total Points Price 70 Service Areas 5 Service Vendor Credentials 10 Sales & Service 10 Ordering Procedures/Protocol 5 TOTAL 100 Available Total Points

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WINDHAM PUBLIC SCHOOLS

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)(2) and 7 CFR § 250.

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 day(s) in advance of delivery. A request made by the SFA must be submitted in writing to a designated official a minimum of 3 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.

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Current list of schools and addresses.

1. Windham High School/Windham Early Childhood Center- 355 High St. Willimantic, CT. 06226

2. Windham Middle School- 123 Quarry St. Willimantic, CT.

06226

3. Natchaug Elementary School- 123 Jackson St. Willimantic, CT. 06226

4. Sweeney Elementary School- 60 Oakhill Drive, Willimantic, CT. 06226

5. North Windham Elementary- 112 Jordan Lane, North Windham, CT. 06256

6. C.H. Barrows STEM Academy- 141 Tuckie Rd. North Windham, CT. 06256

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Written Code of Conduct

Regulations: 2 CFR Part 200.318, formerly 7 CFR Part 3016.36(b)(3) and WPS local purchasing requirements.

Procedures: Windham Public Schools seeks to conduct all procurement procedures:

• in compliance with stated regulations; and

• to prohibit conflicts of interest and actions of employees engaged in the selection, award and administration of contracts.

No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal, state, or local award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.

The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity. Based on the severity of the infraction, the penalties could include a written reprimand to their personnel file, a suspension with or without pay, or termination.

For questions and concerns regarding procurement solicitations, contract evaluations, and award, contact:

Eric Volle, Food Service Director evolle@windham.k12.ct.us

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§200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

(b) Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation list;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

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Equal Employment Opportunity

Executive Order 11246 — Equal Employment Opportunity SOURCE: The provisions of Executive Order 11246 of Sept. 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964- 1965 Comp., p.339, unless otherwise noted.

Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows:

Part I — Nondiscrimination in Government Employment [Part I superseded by EO 11478 of Aug. 8, 1969, 34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803]

Part II – Nondiscrimination in Employment by Government Contractors and Subcontractors

Subpart A – Duties of the Secretary of Labor

SEC. 201.

The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order.

[Sec. 201 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, l978 Comp., p. 230]

Subpart B – Contractors’ Agreements

SEC. 202.

Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions:

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

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4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.” [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]

SEC. 203.

a. Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.

b. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.

c. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union’s or agency’s practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information.

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d. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer’s practices and policies do not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require.

[Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13672 of July 21, 2104, 79 FR 42971]

SEC. 204

a. The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order.

b. The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontracts, or purchase orders (1) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial supplies or raw materials;

(3) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts below a specified tier.

c. Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religious corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractors and subcontractors are not exempted or excused from complying with the other requirements contained in this Order.

d. The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposes of this Order: and provided further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order.’’ [Sec. 204 amended by EO 13279 of Dec. 16, 2002, 67 FR 77141, 3 CFR, 2002 Comp., p. 77141 – 77144]

Subpart C – Powers and Duties of the Secretary of Labor and the Contracting Agencies

SEC. 205.

The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor.

Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require.

[Sec. 205 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

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SEC. 206.

a. The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to determine whether or not the contractual provisions specified in Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor.

b. The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order.

[Sec. 206 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 207.

The Secretary of Labor shall use his/her best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law.

[Sec. 207 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 208.

a. The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes.

b. The Secretary of Labor may hold, or cause to be held, hearings in accordance with Subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government contracts under Section 209(6) shall be made without affording the contractor an opportunity for a hearing.

Subpart D – Sanctions and Penalties SEC. 209. In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may:

1. Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor.

2. Recommend to the Department of Justice that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of this Order.

1. Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964.

2. Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be.

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3. After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract.

Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the Secretary of Labor.

4. Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order.

(b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation. To secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a)(5) of this Section.

[Sec. 209 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 210.

Whenever the Secretary of Labor decides under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within thirty days, the Secretary may take the action directly.

[Sec. 210 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230]

SEC. 211.

If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor.

[Sec. 211 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 212.

When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in Section 202 of this Order, the Secretary of Labor shall promptly notify the Comptroller General of the United States.

[Sec. 212 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

Subpart E – Certificates of Merit

SEC. 213.

The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order.

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SEC. 214.

Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor if the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order.

SEC. 215.

The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked.

Part III – Nondiscrimination Provisions in Federally Assisted Construction Contracts

SEC. 301.

Each executive department and agency, which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the contractor’s obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations.

Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order.

[Sec. 301 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 302.

a. “Construction contract” as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property.

b. The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein.

c. The term “applicant” as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he/she becomes a recipient of such Federal assistance.

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SEC. 303.

a. The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency are directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary’s functions under this Order.

b. In the event an applicant fails and refuses to comply with the applicant’s undertakings pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant;

and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings.

c. In no case shall action be taken with respect to an applicant pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing.

[Sec. 303 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 304.

Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, That actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued thereunder.

Part IV – Miscellaneous

SEC. 401. The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order.

[Sec. 401 amended by EO 12086 of Oct. 5, l978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 402. The Secretary of Labor shall provide administrative support for the execution of the program known as the “Plans for Progress.”

SEC. 403.

a. Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby superseded and the President’s Committee on Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate.

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b. Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Order. All rules, regulations, orders, instructions, designations, and other directives issued by the President’s Committee on Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order.

[Sec. 403 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p, 264]

SEC. 404.

The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor.

SEC. 405.

This Order shall become effective thirty days after the date of this Order.

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GROCERY BID

COVER SHEET

BID OF

ADDRESS

CITY STATE ZIP

CONTACT PERSON PHONE NUMBER EMAIL

For furnishing and delivering Groceries to Windham Public Schools. If a bidder bids on any items, the bidder will be responsible for delivering that item, at the bid cost, in accordance with the attached specifications, which were submitted with this bid and upon which the bid as made. Bid Period August 1, 2026 through July 31, 2027.

BY SIGNING THIS BID, THE BIDDER UNDERSTANDS AND AGREES TO ALL OF THE ATTACHED TERMS, CONDITIONS AND SPECIFICATIONS.

PRINT OR TYPE FIRM’S FULL NAME SIGNATURE DATE

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GROCERY BID

VENDOR QUESTIONS

1. Do you require a minimum drop size? If so please explain: ___________________________

2. How would you handle smaller school systems that cannot meet your minimum?

3. Does your company have a minimum delivery requirement? Y N

• If yes, what is the minimum amount? $_______________________________________

4. Do you offer electronic ordering? Y N

• If yes, what is your window time frame for electronic ordering? ___________________

5. Please provide contact information for departments: __________________________________

6. Please provide a designated representative contact information for each member/area.

7. Who is the nutritional information contact person at your company?

Nutritional Analysis contact person Phone/Email

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CERTIFICATION REGARDING LOBBYING

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 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.

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 a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension,…