Request for Proposals Processing of Fruit, Vegetable and Misc. Donated USDA Foods and Commercial Equivalents 2027000080 November 10, 2026 Basic Information and Timeline

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All dates and times are subject to change and are in Mountain Time.

A. Quick Resources

1. For questions about this solicitation, contact the Single Point of Contact identified above.

2. For help with Vendor Self Service (ColoradoVSS), contact the Vendor Self Service Help Desk vsshelp@state.co.us or 303-866-6464.

3. For information about doing business with the state of Colorado generally, go to: https://osc.colorado.gov/spco/accesscolorado.

4. The Department is always interested in improving. Please take this survey at any time: https://docs.google.com/forms/d/e/1FAIpQLScIgv9lgrT3x5AGzcvT1xkvpucrRhhN5QJ23vLcbyfvc2smaw/viewform (We do actually read the responses)

B. Introduction and Background The Colorado Department of Human Services, Office of Economic Security, Food Distribution Programs (FDP) has entered into an agreement with the United States Department of Agriculture (USDA) to administer and operate the Food Distribution Program for approved Recipient Agencies (RAs) participating in the National School Lunch Program (NSLP). RAs are public and private schools and adult and child day care programs. There are approximately two hundred (200) participating RAs in Colorado. Historically, fifty-two (52) RAs received processed food products directly to their respective warehouses.

In total, last year 9,979,937 pounds were processed statewide. FDP provides USDA Foods that can be used in the manufacturing process. The administrative office for Colorado’s FDP is located at 7866 W. Mansfield Pkwy, Lakewood, CO.

FDP reserves the right to ask for samples at Vendor’s expense. All samples provided to FDP shall be identical to products quoted by Vendor and shall be labeled with Vendor’s name, stock number, and proposal number. All samples are an express warranty, which shall also apply to all products provided under this contract. Vendors failing to comply with this requirement may have their proposal rejected or contract terminated. Sample products must be available at the annual CDHS USDA Food Show in order for those products to be available for purchase by RAs. No additional samples will be requested as part of this RFP.

Under the contract(s) awarded pursuant to this RFP, the FDP will allow awarded processors to receive and use USDA Foods as an ingredient in the production of the finished end products as specified herein. The FDP may award multiple contracts for donated food items, if it is beneficial to recipient agencies and all specification standards are met. The FDP is responsible for managing the contracts with the awarded processors according to Federal Regulation 7 CFR Part 250.30.

C. How to Submit a Proposal

1. In General. Email the proposal, Signature Page, and any other required documents in one zip file as an attachment to this email address: DT_RFP_.jmlhtx109pn4379u@u.box.com Please be aware of email server file size limitations. The maximum file size the Department can accept is 15 GB.

2. Only Attachments. Only the zip file goes through. The Department cannot see any text or messages sent to the email address identified above. Written questions may be emailed to the Single Point of Contact.

3. File Names. The zip file name should start with the solicitation type, solicitation number, and vendor name (e.g., “RFP 2027000080 Vendor Name…”). Vendors may include additional information in the zip file name.

4. Timing. The zip file typically uploads within five minutes; however, vendors should submit zip files at least thirty minutes prior to any deadline to ensure the file is received.

5. Confirmation. Vendors will receive an email confirmation from box.com that the zip file was uploaded correctly. If not, please contact the Single Point of Contact.

6. No Encryption. Do not encrypt emails sent to the submission email as it may prevent full submission.

7. Pre-bid Conference. There will not be a pre-bid conference.

8. Questions. Vendors may submit questions by email to the Single Point of Contact prior to the Questions Due Date identified in the Basic Information and Timeline above. The Department may answer some, all, or none of the questions asked by posting them publicly.

9. Late Proposals will not be accepted unless specifically allowed by rule and at the Department’s sole discretion.

D. Proposal Format

1. Maximum Length. Proposals should not exceed 15 pages. The Department may evaluate proposals negatively if this page limit is not followed. This does not include attachments of specification sheets, SEPDs, etc.

E. Proposal Content

1. Proposal Substance. Please answer or address the following questions or issues:

i. Mandatory Criteria:

1. All vendors for School Year 2027-2028 shall be approved for processing by the USDA with a National Processing Agreement (NPA) or a USDA approved In-State processor agreement for the State of Colorado. Either agreement must be on file and approved by FDP. FDP will use the listing located on the USDA website https://www.fns.usda.gov/usda-fis/npa-approved-processors when evaluating whether a vendor meets this eligibility requirement. FDP reserves the right to reject applications submitted by any source other than the above-mentioned.

2. Applicant must attest that the organization agrees to comply with the U.S. Department of Agriculture Regulations 7 CFR Part 250.30.

3. Applicants must submit and comply with the National and State Processing Agreements. The awarded vendor will be required to perform the following functions. As part of your response, please attest that your organization will perform these functions as part of an award:

4. Applicants must agree to submit monthly performance reports of all ordered end products not later than fifteen (15) days after month end.

5. Applicants must agree to participate in the annual CDHS USDA Food Show for the purpose of taste testing prior to making products available for recipient agency purchase.

6. Applicants must agree to respond promptly to requests from FDP staff for information, clarification or issues relating to USDA Foods and the NSLP

7. Applicants must agree to comply with the Buy American requirement, which dictates that Schools participating in the federal school meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable. (7 CFR 250.23 (a)(b), 250.17 (e)), (7CFR 210.21)

8. Applicants must detail or describe the ability, capacity, and skill of the Vendor to perform the contract or provide the service required (fulfillment of purchase orders) within the time specified.

9. Applicants must agree to close adherence to the food specifications as indicated in the submitted Exhibit E – Specification and Pricing Worksheet.

ii. Preferred Criteria

1. Project Management. Provide a description of the proposed management team structure to be used during the potential contract term, including any subcontractors. Staff Qualifications / Experience – Identify staff, including subcontractors, who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel.

2. Experience of the Vendor. Include other relevant experience that indicates the qualifications of the Vendor, and any subcontractors, for the performance of the potential contract.

3. References. Please complete and return Exhibit D – Vendor Profile and References. This should be provided on the vendor’s letterhead. List names, addresses, telephone numbers, and fax numbers/email addresses of three (3) business references for which work has been accomplished and briefly describe the type of service provided for them. By submitting a proposal in application to this RFP, the Vendor and team members grant permission to FDP to contact these references and others, who from FDP’s perspective, may have pertinent information. FDP may or may not, at FDP’s discretion, contact these references or others. Do not include current FDP staff as references.

4. Food Acceptability. Food Acceptability will be scored on a 100-point scale. The evaluation of Food Acceptability may include any or all of the following factors:

a. Taste;

b. Texture;

c. Appearance;

d. Ease of packaging;

e. Nutrition; and

f. Distribution minimums Food Acceptability taste tests are performed at the annual USDA Food Show and at individual RA sites, on items noted in the Specifications. Taste tests performed at individual RA sites will be evaluated by School Nutrition Services staff. Not all items will be taste tested.

2. Cost. Please answer or address the following questions or issues:

i. Cost Requirements

1. Proposal prices should include all cost components needed for the delivery of the Processed USDA Foods as described in this Solicitation document. All pricing includes Freight on Board (FOB) Destination (freight prepaid) to any location within the State of Colorado. Failure to identify all costs in a manner consistent with the instructions in this RFP is sufficient grounds for disqualification. FDP makes no volume commitment in this solicitation. The proposed pricing levels should reflect the market provided by the Purchase Order resulting from this solicitation.

2. Complete and return Exhibit E – Pricing Worksheet in an excel spreadsheet format. If not included, the response may not be considered for award.

a. Cost per serving and/or cost per ounce will be used in the evaluation process to determine lowest competitive pricing.

b. Total acquisition cost includes, but is not limited to, price, delivery, service, contract administration and terms of payment. Vendor shall indicate the cost for items shown in Exhibit E – Specification and Pricing Worksheet. Specification and Pricing worksheet should be submitted in Excel

3. Other Criteria:

i. Additional Information. This information will not be scored as part of the evaluation:

1. The awarded vendor shall extend unit pricing (cost per serving) as required. In the event of an error in the extension of prices, the unit pricing (cost per serving) shall prevail. Prices shall include all associated costs (e.g. brokerage, transportation, freight, or other fees, etc.).

2. Prices are in US dollars. Vendor must complete Exhibit E – Specification and Pricing Worksheet.

3. The following value pass through options may be offered (These value pass through options are defined in FNS Memo FD-40):

a. Refund or Rebate

b. Indirect Discount (Net off Invoice)

c. Direct Discount

d. Fee-for-Service (Direct, through a Distributor, or Modified)

4. Price Adjustments. Vendor requests for adjustments in pricing will be considered at sole discretion of FDP once per year, unless the adjustment is to fix an error. Such requests must be documented and referenced to Producer’s Price Index increases and submitted in writing at least 60 days before the proposed effective date of the increase.

F. Demographic Form

1. In an effort to best comply with Colorado Procurement Code rule R-24-103-901 re maximizing opportunities, we like to gather certain voluntary demographic information from potential vendors where possible. This is entirely voluntary and does not affect an organization’s application/proposal/quote/bid or contract whatsoever in any way. It is not taken into consideration in this procurement process or reviewed by evaluators in this process. The information gathered is submitted directly to a data gathering team at CDHS who provide general statistics on outcomes and trends to CDHS Contracts & Procurement leadership on approximately a quarterly basis so that this leadership can look for ways to generally and overall maximize opportunities as described in the Code. Please fill out the following form regarding your organization’s demographic information if and to whatever extent you are willing. This is again entirely voluntary and has no impact on your potential work for the State: https://app.smartsheet.com/b/form/219f6db8803b4994afb9bf70e84fa421 G. How Proposals are Evaluated

1. In General. The Department will identify the proposal(s) most advantageous to the State through an objective and competitive process. A committee will review all acceptable proposals and may request more information or clarifications from any vendor. The committee will then recommend one or more proposals for award. The Single Point of Contact will notify all vendors of the final decision.

2. Mandatory Criteria. The Department may identify mandatory criteria. However, the Department reserves the right to waive mandatory requirements pursuant to Rule 24-103-301-03.

3. Evaluation Factors. The Department may evaluate proposals based on the information requested or referenced in the proposal content section, or as noted throughout the solicitation.

4. References. The Department may contact references, whether provided or not, and also consider them as part of the evaluation.

5. Standard Contracting Terms. Vendors must submit any requested changes to the attached standard CDHS Contract/PO terms and conditions and exhibits ("State Agreement Pieces") in redline with their submission. These terms are difficult to modify and the State does not guarantee acceptance of any changes, even after a notice of intent to award. Requested modifications increase risk and cost to the State, which may negatively impact any evaluation or award. Changes also significantly delay contract execution, as approvals are required from multiple State agencies (e.g., DPA, AG, OIT, CDHS). If no exceptions are noted, the Vendor accepts the State's terms as-is. A notice of intent to award does not imply acceptance of any proposed changes.

H. Ethics and Accessibility

1. Any person involved in the purchasing process for the State, any end users of such goods and services, any vendor or contractor that does business with the state, and any other interested third parties to the procurement process shall enhance the proficiency and stature of the purchasing process by adhering to the highest standards of ethical behavior.

2. Accessibility Requirements. All work performed as a result of this solicitation must comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

I. Administrative Information

1. Communication. All communication regarding this solicitation must be done through the Single Point of Contact identified above. Unauthorized contact with any Department personnel other than the Single Point of Contact regarding this solicitation is prohibited and may result in disqualification.

2. Notices. The Department may modify this solicitation by posting changes via the Colorado VSS website. All communications will be posted on the VSS, www.colorado.gov/vss , and/or through a direct email from the Single Point of Contact.

3. Modifications of Proposals. Proposals may be modified or withdrawn by the vendor prior to the established proposal due date and time.

4. Public Opening. On the date and time shown above, the Department will hold a public opening pursuant to Rule 24-103-201-13. Vendors may request an accommodation to attend the public opening from the Department.

5. Presentations or Site Visits. At the Department’s sole discretion, the Department may request presentations or site visits. Vendors should not, however, prepare the proposal with the assumption that an opportunity for oral presentations or revisions will be offered.

6. Acceptance of solicitation terms. A proposal submitted in response to this solicitation shall constitute a binding offer and acknowledgment that all terms and conditions of this solicitation are accepted. Vendors must identify any variations between its proposal and the solicitation. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance.

7. Contract. Vendors must agree to the State’s contract terms, found here: https://cdhs.colorado.gov/procurement or as an exhibit to this solicitation. Please note that any referenced or attached model contract lists the State’s standard required legal provisions but may not include the specific scope of work and other specific terms or requirements for this solicitation. Vendors must review any attached contract terms and note any exceptions. If no exceptions are noted, Vendor is indicating an intent to accept the terms as-is. Modifications to the State’s contract terms constitute increased risk and costs to the State. Therefore, Vendor’s noted exceptions may be considered in any evaluation.

8. Award. The Department will notify all vendors who submitted a proposal when it issues a Notice of Intent to Award. The awarded vendor(s) must act in good faith to execute an agreement on or before the Anticipated Contract Start Date identified above. If this date is not met, through no fault of the State, the State, at its sole discretion, may cancel the Notice of Intent to Award.

9. Protests. Any actual or prospective vendor who is aggrieved in connection with the solicitation or award of a contract may protest to Lauren Ingalls (email to lauren.ingalls@state.co.us), Procurement Director, Division of Contracts and Procurement, Department of Human Services. The protest shall be submitted in writing within ten business days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

10. CORE Registration. Unless otherwise noted, before the Department can award to any vendor, that vendor must be registered in CORE, which can be completed through Vendor Self Service at www.colorado.gov/vss.

11. EFT. Awarded vendors are encouraged to sign up for EFT transfers.

12. Secretary of State Registration. Before Contract execution, the awarded vendor must be registered to do business in the State of Colorado. If a vendor is a foreign corporation (formed under a statute or common law in a jurisdiction other than Colorado) or other foreign entity transacting business in the State of Colorado, it shall warrant that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process.

13. System for Award Management. Before Contract execution, the awarded vendor(s) must be registered with the System for Award Management (SAM.gov).

14. Confidentiality. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado Open Records Act. Anything submitted by a vendor is likely to become public information. Vendors may submit, as a part of its solicitation response, a written request for classification of certain portions of the proposal as confidential information pursuant to Colorado Procurement Code R-24-101-401-03. Material for which confidentiality has been requested shall be readily identifiable and separable from other portions of the solicitation to facilitate public inspection of the non-confidential portion of the solicitation response, if it is not, the confidentiality request will not be considered. Commingling of confidential and non-confidential information is not acceptable and any confidentiality request made in this fashion will not be considered. In no event shall an entire proposal be classified as confidential. Marking an entire proposal as confidential is a confidentiality request that will not be considered. Price information will not be considered confidential. In addition to complying with the aforementioned restrictions, in order for the confidentiality request to be considered, the vendor must include the rationale for the request to classify portions as confidential, as specified in the Colorado Procurement Code R-24-101-401-03, specifying by line which section of §24-72-204, C.R.S. is the purported authority for the requested confidentiality determination ("Confidentiality Request Justification"). The confidentiality request shall also include both a proposed redacted version and an unredacted version of the submission. The Procurement Official or his or her designee shall determine if the information identified in the Offeror’s request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Offeror in writing of his or her determination. If the Offeror does not agree with the determination, the Offeror may protest the determination in accordance with article 109 of the Colorado Procurement Code and the terms of this solicitation. Reference Procurement Rule R-24-101-401-03. A confidentiality request, even if granted, will not render any potential later mutually-negotiated contract terms confidential, as such a resulting contract would be a matter of public record.

15. Background Checks. Pursuant to C.R.S. §27-90-111 and Department policy, any vendor, and its agent(s), who has direct contact with vulnerable persons in a state-operated facility, or who provides state-funded services that involve direct contact with vulnerable persons in the vulnerable person’s home or residence, shall:

1. submit to and successfully pass a criminal background check, and

2. report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the Department.

16. Proposal Prices. Estimated proposal prices are not acceptable. Best and final offers may be considered in determining the apparent successful vendor. Proposals shall be firm for a period of not less than 180 calendar days from the date of award.

17. Cancellation. A solicitation may be cancelled only when there are cogent and compelling reasons to believe that the cancellation of the solicitation is in the state's best interest. An award of a contract under a solicitation may be cancelled, in whole or in part, when the procurement official determines in writing that such action is in the state's best interest.

18. Costs. The Department is not liable for any cost incurred by vendors prior to any formal contract, purchase order, or other agreement. No property interest of any nature shall occur until a contract is signed by all concerned parties.

19. Proposal Rejection. The Department may reject a proposal, waive informalities, and minor irregularities, or accept any portion.

20. Tax ID. Any tax identification number provided must be that of the vendor responding to the solicitation. The vendor must be a legal entity with the legal right to contract.

21. News Releases. Vendors may not issue any news releases pertaining to this solicitation without the Department’s prior written approval.

22. Taxes. The Department is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes C.R.S. §39-26-114(a). The Colorado State and Local Sales Tax Exemption Number is 98-02565. When materials are purchased in certain political subdivisions (for example - City of Denver), the vendor may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

23. E-Verify. Vendors must participate in the federal E-Verify program or the Colorado Department of Labor and Employment Program as required by C.R.S. §8-17.5-101.

24. Services Outside of Colorado or the United States. Vendors must disclose services performed outside of Colorado or the United States as required by C.R.S. §24-102-206.

25. Notice to NonResident Bidders. If a nonresident vendor is from a state that provides a bidding preference to vendors from that state, then a comparable percentage disadvantage will be applied to the bid of that nonresident vendor pursuant to C.R.S. §24-103-908. The vendor may obtain additional information from the department of personnel's website.

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Colorado Department of Human Services Solicitation Number: 2027000080 Division of Contracts and Procurement (v. 03/26) Page 1 of 2

J. Exhibit List Exhibit A – Signature Page (Section K of this solicitation.) Please fill out and return.

Exhibit B – Letter of Submittal. There is no template for the Letter of Submittal, this should be submitted on the vendor’s letterhead.

Exhibit C – Certification and Assurances. Please fill out and return.

Exhibit D – Vendor Profile and References – There is no template for Vendor Profile and References, this should be submitted on the vendor’s letterhead.

Exhibit E – Specification and Pricing Worksheet - Fill out and return.

Exhibit F – Anti-Collusion Affidavit - Fill out and return.

Exhibit G – Certification Regarding Lobbying - Fill out and return.

Exhibit H – Disclosure of Lobbying Activities - Fill out and return.

Exhibit I – Suspension and Debarment - Fill out and return.

Exhibit J – Clean Air and Water Certificate - Fill out and return.

Exhibit K – Model State Contract – For Review - For Informational Purposes Only.

Exhibit L – State PO T&Cs. This is not an attachment. The following link is for Informational Purposes Only: https://osc.colorado.gov/spco/central-contracts-unit/purchase-order-terms-conditions/state-of-colorado-purchase-order-terms#T&Cs K. Signature Page The vendor must complete and submit the Signature Page along with the bid.

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