RFP 25-030 CCSD FNS Commercial and Locally Grown Produce.pdf

CHERRY CREEK SCHOOL DISTRICT #5

REQUEST FOR PROPOSAL

RFP Number: 25-030

RFP Name: FNS Commercial and Locally Grown Produce

RFP for: CCSD FOOD AND NUTRITION SERVICES – PRODUCE

RFP Due Date: Thursday, May 8, 2025, Time: 2:00 p.m. MST

Cherry Creek School District #5 Attn: Strategic Sourcing and Supplier Management 9150 E Union Ave Greenwood Village, CO 80111 Strategicsourcing@cherrycreekschools.org mailto:Strategicsourcing@cherrycreekschools.org

Vendor Name: ______________________________

REQUEST FOR PROPOSALS (RFP)

DATE PROPOSALS ARE DUE: May 8, 2025 2:00 PM MST

I. Cherry Creek School District Objectives 3

II. Procedural Requirements 5 A. Proposal Submission 5 B. Calendar of Events 6 C. Evaluation Criteria 6 D. Proposal Selection 6

III. School Requirements for Vendor(s) 8

A. Pricing Method 9 B. Ordering Procedures 10 C. Food Safety 10 D. Stocked items, Substitutions and Special Orders 10 E. Delivery 10 F. Communications 11 G. Payment Terms 11 H. Product Specifications 11

IV. Standard Terms and Conditions 12-16

V. Attachments 19

A. Checklist of Requirements for Proposals 19 B. Vendor Pricing Form 20 C. Proposer Contact Information and Proposer References 21 D. Equal Opportunity Employment Act Compliance 23 E. Import Products/Buy American Act 24 F. Certification Regarding Lobbying 25 G. Non-collusion Affidavit of Prime Bidder 27 H. Vendor Proposal Form 28 I. Certification Statement Regarding Undocumented Workers 30

DEFINITIONS:

For consistency throughout this document:

The “School Food Authority” (SFA) is the Cherry Creek School District (CCSD) Food and Nutrition Services Department located in Centennial, Colorado.

“Distributor(s)” or “Proposer(s)” means a distributor that submits a proposal in response to this request. In sections of this RFP that refer to requirements or actions of the organization that submits the proposal that is chosen by the school, “Distributor(s)” means the organization that submitted the successful proposal.

Distributor(s) can also be referred to as “Vendor(s).”

Awards will only be made to responsive and responsible vendors. Responsive means that the Distributor(s) and their offer meet the requirements of this solicitation. Responsible means that the Distributor(s) has the means to execute the procurement – they have the ability to provide the goods and/or services required. Such as adhering to the required delivery schedules and product requirements.

I. SFA’S OBJECTIVES

The Cherry Creek School District’s central mission is “to inspire every student to think, to learn, to achieve, to care.” CCSD is the fourth largest district in the state of Colorado, with 55,000 students attending 67 schools.

The district covers areas in Aurora, Denver and Centennial with a total of 108 square miles. CCSD Food and Nutrition Services proudly serves an Average Daily Participation of 11,000 Breakfasts, 26,000 and Lunches and robust a la carte selections.

The mission of school food service is to provide a variety of healthy school meals and other food services at affordable prices in support of the educational goals of students. The SFA participates in the National School Lunch and Breakfast Programs, and Summer Food Service Program for reimbursement for meals that meet federal standards and are allocated USDA Foods for use in school meals through the Food Distribution Program. The SFA will adhere to “Buy American” for their food service programs. Therefore, the Distributor(s) are required to purchase, to the maximum extent possible, domestic products for use in the USDA Child Nutrition Programs.

All Food Products are to be manufactured and processed in the United States: Domestic products must be proposed and supplied. Non-domestic products may be proposed and suppled only when domestic products are unavailable. Exceptions to this rule are pineapple, mandarin, oranges, olives, tuna fish, tea, spices and coffee.

The SFA requests proposals in response to the Request for Proposal (RFP) for purchasing fresh produce products specified in the attached spreadsheet. CCSD currently purchases the majority of its produce through the Department of Defense (DoD) program. This RFP is intended for purchasing produce that is not available from the DoD program. CCSD is interested in finding vendors who will cultivate relationships with local farmers. This solicitation will be evaluated with additional points given for geographic preference of local Colorado produce.

Term of Contract: This contract shall commence on July 1, 2025, and shall remain in effect through June 30, 2026 (2025-2026 school year). This contract will include four, one year renewals should both parties agree in writing.

II. PROCEDURAL REQUIREMENTS

A. Proposal Submission

During the Solicitation process, all official communication with suppliers will be via the Rocky Mountain E- Purchasing System (BidNet) at Https://www.BidNetdirect.com/colorado. BidNet has a free option to view bids. Notices may include RFP amendments, questions and answers, clarifications to requirements, and award announcements. If the SFA determines that there is a discrepancy or an omission from this solicitation prior to the opening of proposals, an addendum will be issued to all Vendors that have submitted proposals. It is incumbent upon suppliers to monitor BidNet. Proposals must be submitted with original signatures either electronically through BidNet.

RFP Due Date - Proposals must be received through BidNet on or before May 8, 2025, at 2:00 PM MST. Bids received after this date and time will not be considered and individual extensions to the due date will not be granted. The District will not accept an e-mail or fax response to this RFP.

Written Inquiry Due Date: All questions in regard to this RFP must be submitted in writing and be received no later than May 1, 2025, 2:00pm MST. Any responses or clarifications will be transmitted to all other prospective Distributors as an addendum. Questions must be submitted through BidNet.

This bid will be published through BidNet (https://www.bidnetdirect.com/colorado )

The Excel Spreadsheet provided must be fully completed. Do not change the format of the spreadsheet.

Instructions and definitions are on the first tab, product list is on the second tab. Indicate “no bid” if not responding to an item.

Proposals may be withdrawn, in writing, at any time prior to the time and date set for final submission. A submitted proposal shall remain valid for ninety (90) days from the proposal submission date.

The proposal must include the firm name and must be signed by an authorized representative of the vendor such as the owner, partner, or in the case of a corporation, the president, vice president, or other corporate officer(s) responsible for binding the vendor. Proof of authority of the person submitting the proposal must be available upon request from the SFA.

If the SFA determines that there is a discrepancy or an omission from this RFP prior to the opening of proposals, an addendum will be issued to all Distributor(s) that have submitted proposals.

B. Calendar of Events

The following RFP Schedule of Events represents the best estimate of the schedule the District will follow, which is subject to change at the District’s discretion. The District has performed extensive planning work and plans to meet the dates described below. The District reserves the right to add or delete events as may be necessary. If the SFA determines that it is necessary to change a date, time or location it will issue an addendum to this RFP.

https://www.bidnetdirect.com/colorado https://www.bidnetdirect.com/colorado

Calendar of Events

Action Date/Time

RFP released April 10, 2025

Written Inquiry Deadline April 24, 2025, 2:00pm MST

Response to Written Inquiries May 1, 2025

RFP due date May 8, 2025, 2:00pm MST

Approval and award TBD

C. Evaluation Criteria

The District will conduct a fair and impartial evaluation of the proposals received in response to this RFP. The objective of the evaluation is to determine the proposal that most effectively meets the District’s needs.

Award will be made to the responsible vendor(s) whose proposal, conforming to the RFP, will be most advantageous to the District taking into consideration, among other things, price, references and the criteria stated below. The SFA will evaluate the proposals based on the following criteria and using the scoring rubric provided. Pricing criteria is a separate category and is weighted highest of all criteria based on best price.

Criteria Maximum Score

Pricing 50

Responsiveness – Includes ability to meet requested items 35

Responsible - Facility 35

Ordering system 10

Service & Delivery - Ability to meet the requirements 30

References – Experience with K-12 SFAs 10

Local Colorado Produce available 20

Can provide information showing that the respondent is a minority business enterprise, women’s business enterprise, or a labor surplus firm.

Total 200

D. Proposal Selection

Upon completion of evaluation of proposals, the SFA shall select the Vendor(s) to be recommended for award.

The District may award contracts to multiple vendors if it is determined to be in the best interest of the program. Vendors are encouraged to submit pricing on all items they are able to supply, as partial awards may be made. The recommended awarded Vendor(s) will receive immediate notification with the understanding that this is contingent upon the CCSD Board approval. This RFP and any amendments and/or addendums will become the contract upon signature by authorized representative of the winning vendor.

Other Distributors that submitted proposals will be notified when the SFA approvals have been completed.

The SFA, as its sole and absolute discretion reserves the right to:

a) Waive any irregularities or informalities in offers received in conjunction with this Solicitation to accept an offer(s) which has additional value or function and/or is determined to be more advantageous to the District; and/or

b) Accept or reject any and all proposals or portions thereof. If necessary, a new RFP may be issued. The SFA will take actions as deemed appropriate.

c) reject an offer under any of the following conditions:

1. The Vendor misstates or conceals any material fact in its Offer;

2. The Vendor's Offer does not strictly conform to the law or the requirements of the Solicitation;

3. The Offer expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Solicitation's Special Terms and Conditions;

4. The Offer does not include documents, including, but not limited to, samples, nutritional information which are required for submission with the Offer in conjunction with the Solicitation's Special Terms and Conditions and/or Technical Specifications; or

5. The Offer has not been executed by the Vendor through an authorized signature on the Specification's Cover Sheet.

Distributor(s) have the right to withdraw their proposals if the SFA changes the type of award.

III. SFA REQUIREMENTS

A. Pricing Method and Fees

Shipping Terms – FOB Destination - All Vendors shall quote prices based on F.O.B. to district facilities listed and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized District representative under Section III, F Delivery.

The allowable methods for submitting product prices in the agreement are “Firm Price” and/or “Cost plus Fixed Fee.” Respondents must clearly define whether Firm Price, Cost plus Fixed Fee or a combination of both is being submitted.

All Firm Prices will be held for the entire length of the one (1) year contract.

Cost plus Fixed Fee method of pricing shall use the standard method as follows. “Cost” is derived from the most recent invoice cost to the Distributor’s distribution center of such product. If there is any question to the date, use the most recent price in the month of May 2024. This includes any sales, use, excise or other taxes and governmental duties or assessments thereon, whenever assessed, plus applicable freight charges to deliver such products to the Distributor’s distribution center. Storage and handling charges associated with forward purchases, if any, should also be included. Escalation and De-escalation clause shall be tied to the Consumer Price Index and described in detail in response.

“Fixed Fee” is defined as the difference between cost, as defined above, and the selling price to the SFA. Fixed Fee shall remain firm for the duration of the agreement regardless of supplier invoice price. “Cost plus Percentage” is not allowable per federal regulation, therefore proposals containing such pricing will be immediately eliminated from consideration.

In the Cost plus Fixed Fee method, the Distributor(s) shall ensure that all discounts, rebates, credits, and allowances it receives are passed onto the SFA. This includes, without limitation, discounts based on total order value; merchandising service fees; discounts for orders delivered directly by manufacturer to the SFA;

allowances attributable to the SFA volume; performance-based allowances; fees for merchandising service, and performance-based discounts. The Distributor(s) will maintain records and source documents in support of all costs, discounts, rebates, and credits.

If a vendor is awarded a contract under the Cost-Plus Fixed Fee pricing method, the vendor must base their proposal on current, verifiable product costs at the time of submission. In addition, the awarded vendor will be required to submit updated pricing on a weekly basis throughout the entire contract period.

Weekly pricing updates must reflect the current market cost of produce items, and appropriate documentation or verification (such as distributor invoices or supplier price sheets) to support the cost basis may be requested by the District. The fixed fee component must remain consistent as proposed and may not be altered during the contract term.

Failure to submit timely and accurate weekly pricing updates may result in contract non-compliance and could be grounds for termination.

Example:

Cucumbers, 30lb case Firm Price bid of $40.75 is valid for the entire 1 year contract. Cost plus Fixed Fee is quoted at the time of bid as $38.25 per case which will fluctuate up and down throughout the year of the contract based on the Consumer Price index with a Fixed Fee of $1.25 per case that is firm for the entire year of the contract. In the Cost Plus scenario Cucumbers may go down in price to $25.85 + $1.25 = $27.10 in August and then go up to $39.25 + $1.25 = $40.50 in January based on the market decreases and increases and must be passed on to the SFA. SFA may at any time ask for documentation proving Consumer Index fluctuations. Note the Fixed Fee remains the same throughout the year of the contract.

USDA Federal Pricing Method Requirements The SFA shall ensure that the Distributor fully discloses all discounts, rebates, allowances, and incentives received by the Company from its suppliers. If the Company receives a discount, rebate, allowance, or incentive from any supplier, the Company must disclose and return to the SFA the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the SFA. All discounts, rebates, allowances, and incentives must be returned to the SFA during a mutually agreed upon timeframe that is beneficial to the School District.

Only allowable costs will be paid from the nonprofit school food service account to the Distributor net of all discounts, rebates, and other applicable credits accruing to or received by the Distributor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the School Food Authority.

Sufficient detail and information must be supplied to the SFA to identify allowable and unallowable costs, as well as the amount of all discounts, rebates and other applicable credits on invoices.

B. Ordering Procedures

Vendor will have an online or email ordering method available and provide training necessary to CCSD staff.

The vendor must have the ability to provide immediate confirmation of receipt of all orders. CCSD will need to place orders each business day.

CCSD is asking for no minimum for orders. If minimum orders are required, this must be disclosed with detailed requirements in the response.

Outline all ordering procedures and timeline of placing an order in reference to the delivery of said order. For example: orders must be placed 24 hours before expected delivery. Describe the increments of ordering available and corresponding prices. For example, Romaine lettuce may be ordered by the 3lb bag or 4 bags per case. Describe procedure and timeline of “add-ons” to existing orders. Add-ons will be at no additional cost to the district.

Respondent must provide a description of ordering procedures during school closures and holidays.

C. Food Safety

Vendor shall follow all local food safety guidelines as outlined in Section IV, Food laws. Vendor shall work with and provide documentation of Good Agriculture Practices (GAP) with this RFP where applicable.

D. Stocked Items, Substitutions and Special Orders

CCSD expects the Distributor(s) to fulfill 98 percent of orders without shortages, outages or substitutions. If Distributor(s) is temporarily out of stock of a particular item, they must contact the Receiving Manager or Coordinator of Operations immediately to choose a substitution or deliver a “hot shot” later in the morning.

Substitutions shall be an equal or superior product at an equal or lower price, with prior approval of an assigned representative of CCSD. Change of a stock item must be pre-approved by the CCSD Food Service Coordinator of Operations, Assistant Director, or Director.

Special orders will not ship out automatically. Any items that will be special orders must be noted on the RFP.

If CCSD urgently requires delivery of any quantity of an item before the delivery date under this contract, and if the vendor will not accept an order providing for the accelerated delivery, the district may acquire the urgently required products from another source.

E. Delivery Times, Locations, and Requirements

The Vendor shall deliver all items requested through this Solicitation to the Cherry Creek School District Student Nutrition Center at 14270 East Briarwood Avenue, Centennial, Colorado 80112.

Vendor must use clean and refrigerated trucks for delivery. All items shall be securely and properly packed and clearly marked as to contents. All shipments shall be palletized to ensure safety of staff members and quality of the product. All shipments shall be accompanied by a packing slip with the corresponding CCSD Purchase Order number. Delivery driver must wait for CCSD employee to verify delivery compared to invoice.

CCSD has the right to refuse any product for substandard quality, close or expired dates, critical products found in the Temperature Danger Zone, or past preferred ripening stage. CCSD will not pay for refused product. CCSD must inform the vendor within 48 hours of any spoiled or substandard product found after delivery. Vendor agrees to provide credit for returns.

Deliveries shall be Monday, Tuesday, Wednesday, Thursday, and Friday contingent on the CCSD school district and summer calendar and excluding District holidays. Every effort should be made to have the delivery at the 6:00 am dock time. Due to unforeseen circumstance an early window between 5:30am 6:00am and a late window between 6:30- 9:00am shall remain acceptable and late delivery should not become a regular occurrence. In the event of a school closure or environmental event that prohibits normal delivery, the delivery will be rescheduled to the first open day after closure or event. CCSD will notify the Vendor as soon as they are aware of a District/School closure. CCSD will work with the vendor to schedule around the district holidays and closures. Response must include procedures for rescheduling deliveries due to closures and weather events. Vendor must assign one main contact person for rescheduling due to these events.

All shipments shall be delivered FOB: Destination – no freight, fuel, taxes or delivery surcharges will be allowed. Rescheduled delivery in the circumstances aforementioned will be at no additional cost.

F. Communication

Distributor(s) shall designate a contact person to work with the SFA via phone and email for orders, billing and contractual questions.

Order confirmations shall be sent to CCSD immediately upon receipt of order by Vendor(s).

Reports: Distributor(s) will provide all reports as requested by CCSD within 5 business days. Reports may include, but are not limited to velocity, purchase history, invoice summaries, etc.

G. Payment Terms

Invoices will reflect all standard invoice components including CCSD Purchase Order number. Provide a sample invoice and any customizable invoice options with response.

CCSD shall remit payment to the Distributor(s) in 30 days, from the date of receipt and approval of invoices.

District will not pay interest on late payments.

The vendor will provide credits or refunds to the SFA within 60 days of credit or refund request by CCSD.

H. Product Specifications

Refer to CCSD Product List as outlined in the spreadsheet for product specifications and anticipated purchase quantities. All produce should be USDA grade highest quality standard as outlined in the USDA Agriculture Grade Standards of Fruits and Vegetables. Should the vendor bid a lower grade product, this must be specified in the bid. If it is found upon delivery that an item is substituted with lower grade produce without prior approval, the vendor must replace the items with the higher grade or the contract may be terminated by CCSD. According to the Buy American provisions, CCSD is asking for domestically grown produce first and foremost. When domestic is not available, bidder must provide country of origin. See Section IV, Buy American for details.

Complete all required columns for each product in spreadsheet. Indicate the USDA Grade in response.

Provide the most common unit of measure available for purchase (pound, 30lb case, 125 ct case, 2lb bag, bushel, etc). Specify price per unit.

Colorado Locally Grown Produce: The district is committed to purchasing Locally Grown produce from Colorado, based on specifications outlined above. Bidders should indicate if an item will be available locally and the months it is typically available as Colorado grown.

Estimated quantities or estimated dollars are provided in this solicitation for the Vendor's guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The District is not obligated to place an order for any given amount subsequent to the award of this Solicitation.

Estimates quoted on the Specification and Pricing Form are based on the District's actual needs and usage during the previous contractual period or prior twelve month period, whichever is longer. Said estimates may be used by the District for purposes of determining the low Vendor meeting Specifications Quantities shown on the Product List are based on previous years’ purchases and are accurate to the best of our ability. However, Distributors must understand that the fact that a quantity is stated on an item does not constitute a guarantee to purchase any amount in excess of requirements.

IV. Standard Terms and Conditions

The following standard terms and conditions shall be incorporated into the agreement.

Recordkeeping Books and records of the SFA’s purchases shall be made available, upon demand, in an easily accessible manner for a period of three (3) years from the end of the agreement term (including renewals) to which they pertain, for audit, examination, excerpts and transcriptions by the SFA, state and federal representatives and auditors.

Auditing Rights The SFA reserves the right to conduct quarterly audits to ensure that the SFA receives the best possible Net Delivered Price for all goods covered by this contract. Distributor(s) shall be responsible for demonstrating that the frequency and adequacy of its efforts to obtain the best prices for goods covered by this contract are reasonable to accomplish this objective. The Distributor(s) shall furnish computer verification of costs for line items to be price verified quarterly. These reports will be due to the SFA by the 15th of the month following the calendar quarter. The SFA will provide a listing of items to be verified, not to exceed 30 items, and the date of the pricing period to be verified. If an error rate in excess of 10 percent is found, a complete market basket audit may be performed. The Distributor(s) shall be able to provide cost data from purchases between divisions or departments within their own organizations and from cooperatives to which they belong.

CCSD expects full restitution of any mistakes found to be in CCSD favor during an audit, and that full actions are taken to correct any procedures and therefore prevent future mistakes.

Food Laws Distributor(s) shall operate in accordance with all applicable laws, ordinances, regulations, and rules of federal, state and local authorities.

A letter of guarantee of compliance with food laws and implementation of HACCP plan shall be attached to this RFP. Growers should be GAP certified. If you are a grower, include your GAP (Good Agricultural Practices) certification.

Upon request from the SFA, Distributor(s) shall also provide:

• latest facility inspection forms and comments from applicable federal, state and local agencies,

• procedures for food safety and sanitation, including procedures used for product holds or recalls.

All goods provided to CCSD must be kept with the highest regard for food safety and quality at the vendor facility, throughout distribution and upon delivery. The vendor designated representative will work closely with the CCSD representative to assure the maximum food safety, quality, and shelf life of all goods. Before orders are placed, the Vendor shall provide expiration dates to CCSD representative upon request to ensure proper ordering. All products (except for Highly Perishable outlined below) should be delivered with the maximum amount of shelf life that is standard for fresh for cut produce. CCSD reserves the right to reject any product with insufficient shelf life to meet the needs of the operation at no cost to CCSD.

Highly perishable cut fruits and vegetables shall be delivered to CCSD to maximize shelf life and minimum shelf life of 10 days before the expiration or “best by” date. Packaged products must be labeled with a pack, expiration, or “best buy” date. CCSD reserves the right to reject highly perishable items at no cost to CCSD.

Vendor shall also have measures in place to ensure packaging integrity. Package integrity includes but is not limited to items becoming crushed due to improper pallets stacking, and machinery tearing open cases, bags, bottles, and cans. Describe in the response the vendor methods to assure the longest dates, food safety, package integrity, rotation, and freshness of highly perishable items.

Foods received shall maintain the cold chain, where applicable.

• Refrigerated product shall be at or below forty one (41F) degrees and not frozen.

• Dry goods will be at optimal temperature between forty two and seventy degrees (42F – 70F) and not frozen, nor damaged by heat.

All foods shall be received in good condition. The Vendor(s) shall not be paid for items that do not comply with temperature requirements, damaged products or products that show signs of spoilage.

Indemnification The contractor agrees to indemnify and hold harmless Cherry Creek School District #5, its agents, board of education, and employees from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitations claims arising from bodily injury, personal injury sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the contractor, any subcontractor of the contractor, or any officer, employee, representative, or agent of the contractor or which arise out of any worker's compensation claim of any employee of the contractor or of any employee of any subcontractor of the contractor. The contractor agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at the sole expense of the contractor. The contractor also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent.

Insurance Distributor(s) shall maintain all necessary and proper insurance for the duration of the work to be performed, including Comprehensive General Liability Insurance and Property Damage Insurance, Workers Compensation Insurance, and Automobile Liability Insurance.

Distributor(s) shall provide certificates of insurance. Should any required insurance be cancelled before the expiration date, the issuing company will mail thirty (30) days written notice to the SFA.

Taxes Colorado School districts, including CCSD, are exempt from all federal, state and local taxes. Vendors shall not include federal, state, or local excise or sales taxes in prices offered, as the District is exempt from payment of such taxes. The SFA shall provide Tax ID upon request.

CORA (Colorado Open Records Act) The vendor acknowledges that the District is a public entity subject to the Colorado Open Records Act, §24-72- 201, et. seq., C.R.S. (“CORA”). Consequently, the proposal, including any accompanying information/documentation that the vendor submits in conjunction therewith is presumptively public records available for public review under CORA, unless the information/documentation is clearly marked as “trade secrets, privileged, or confidential commercial information.” The District initially will withhold any information/documentation marked as such from public review until the District has given the vendor notice of any request for review. The vendor will have 48 hours in which to advise the District whether it wants the District to retain the information/documentation from public review. If so, the vendor will set forth, in writing, the legal reasons that it believes the information/documentation is not subject to public review under CORA. If the District decides not to produce the documents for public review, the vendor will indemnify and hold the District harmless from any liability and cost, including attorney’s fees, which may ensue in the event of litigation. The District will have the further right to retain its own legal counsel to defend any claims under CORA for which the vendor will reimburse the District its reasonable attorney’s fees, and costs occasioned therewithin.

Undocumented Workers The Contractor certifies that it shall comply with the provisions of C.R.S. 8-17.5-101, et seq. In accordance with that law, the Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. The Contractor represents, warrants, and agrees that it: (i) has verified that it does not employ any illegal aliens, through participation in the E Verify Program; and (ii) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2){b). The Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the District may terminate this Agreement for breach and the Contractor shall be liable for actual and consequential damages to the District.

Bidders shall submit a written certification with the notarized signature of a principal of the company, such as the president, vice-president, or owner, stating that the firm understands the provisions of C.R.S. § 8-17.5-101 et seq. and does not, to his or her knowledge, currently employ or contract with undocumented workers (Attachment I).

In addition, each bidder shall certify that it has participated in or attempted to participate in the basic employment verification pilot program established by Public Law 104-208, as amended by Public Law 108-156, and administered by the United States Department of Homeland Security.

The successful bidder shall be required to enter into a contract with the District including the following provisions:

Contractors shall not knowingly employ or contract with undocumented workers to provide services under the contract. Contractors shall enter into contracts with all subcontractors that require that the subcontractors certify to contractor that the subcontractor shall not knowingly employ or contract with an undocumented worker to perform work under the public contract. Contractor shall comply with the provisions found in C.R.S. § 8-17.5-102 (2)(a).

In the event a successful bidder fails to comply with any of the foregoing requirements or the provisions of C.R.S. § 8-17.5-101, such noncompliance shall constitute a material breach of the contract and CCSD, in its discretion, may terminate the contract and recover its actual and consequential damages.

Buy American Schools participating in the federal school meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable. The “Buy American” requirement (7 CFR Part 210.21(d)) specifies that the SFA should purchase domestically produced food and food products. Domestic commodity or product means an agricultural commodity that is produced in the US and a food product that is processed in the US substantially (at least 51 percent) using agricultural commodities that are produced in the US.

Federal regulations require that all foods purchased for Child Nutrition Programs be of domestic origin to the maximum extent practicable. While rare, two (2) exceptions may exist when:

1. the product is not produced or manufactured in the US in sufficient, reasonable and available quantities of a satisfactory quality, such as bananas and pineapple; and

2. competitive proposals reveal the cost of a domestic product is significantly higher than a non-domestic product.

ALL products that are normally purchased by Distributor(s) as non-domestic and proposed as part of this solicitation must be identified with the country of origin. Distributor(s) shall outline their procedures to notify the SFA when products are purchased as non-domestic.

1. Any substitution of a non-domestic product for a domestic product (which was originally a part of the solicitation), must be approved, in writing, by the Food Service Director or Operations Coordinator, prior to the delivery of the product to the SFA

2. Any non-domestic product delivered to the SFA, without the prior, written approval of the Food Service Director or Operations Coordinator, will be rejected.

3. Distributor will provide a Domestic or Non-Domestic product statement upon request.

Distributor(s) will affirm their willingness to assert their best and reasonable efforts to ensure compliance with this federal rule by signing this RFP.

Certification Regarding Debarment or Suspension The Distributor(s) certifies that neither the Distributor(s) or its principals; the sub-recipients or their principals;

or the subcontractors or their principals are suspended, debarred, proposed for debarment, declared ineligible, voluntarily excluded from covered transactions, or otherwise disqualified by any Federal department or agency from doing business with the Federal government pursuant to Executive Orders 12549 and 12689. The Distributor(s) specifically covenants that neither the Distributor(s) nor its principals; the subcontractors or their principals; nor the sub-recipients or their principals are included on the Excluded Parties List System ("EPLS") maintained by the General Services Administration ("GSA"). The Distributor or its principals shall comply with the regulations found within 45 CFR Part 620, “Government Debarment and Suspension (Non-procurement). By responding to this RFP the respondent is certifying they are in “Good Standing”.

Lobbying If the negotiated agreement exceeds $100,000, Distributor(s) will submit a certificate that no federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any federal agency or Congress with respect to the awarding of a federal contract, etc.

If Distributor(s) have paid, or will pay, any funds other than federal appropriated funds to any person for influencing or attempting to influence an officer or employee of any federal agency or Congress, Distributor(s) is required to submit a “Disclosure Form to Report Lobbying” at the time of the executed contract and at the time of any renewals.

Other Federally Required Contractual Provisions Distributor(s) are required to comply with the following provisions, as applicable:

- Contract Work Hours and Safety Standards Act

- Equal Employment Opportunity

- Davis-Bacon Act

- Clean Air Act and the Federal Water Pollution Control Act

Right to Inventions Made Under Contract USDA shall have all the Rights to Copyrights, Patent Rights and Rights in Data and Reporting of Discoveries and Inventions (as applicable). Additionally, all Rights to Inventions Made Under this Contract or Agreement, pursuant to 200 CFR Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contracts under Federal Awards (F).

Non-Performance of Contract and Termination Except as may be otherwise provided by this document, an award/contract may be terminated in whole or in part by either party in the event of failure by the other party to fulfill its obligations under this awarded through no fault of the terminating party; provided that no such termination may be implemented unless and until the other party is given:

a) at least thirty (30) days written notice (delivered by certified mail, return receipt requested) of intent to terminate,

b) an opportunity for consultation with the terminating party, followed by a reasonable opportunity of not more than ten (10) business days or such other reasonable amount of time as may be required under the circumstances, to rectify the defects in products or performance, prior to termination.

Changes to Contract

Mutually agreed upon changes to this contract between the awarded recipient and CCSD must be followed up with an addendum.

Termination for Convenience The SFA may terminate an award prior to the expiration of the term, without cause and without penalty, upon thirty (30) days written notice to the selected Distributor(s).

Final Payments Upon any termination of the award, the SFA will pay for all earned amounts to include a pro-rata portion of monthly amounts for products or services completed up to the effective date of termination within sixty (60) business days. The selected Distributor(s) shall submit all required reports and any other information within sixty (60) business days of termination.

APPEAL OF AWARD.

Vendors may appeal by submitting, in writing, a detailed request for reconsideration to the District's Purchasing Manager within 72 hours after the recommendation of award is posted on BidNet, provided that the appeal is sought by the Vendor prior to the District finalizing a contract with the selected vendor.

CCSD Dispute Resolution:

The Purchasing Manager will settle and resolve any protest concerning the solicitation, consideration or award of a bid/proposal, or controversies arising between the district and a vendor with regard to contracts. If deemed necessary, Director, Financial Planning and Analysis, Staff and District counsel will be consulted. Only protests sent directly to the Purchasing Manager will be recognized for consideration. The decision of the Director, Financial Planning and Analysis Staff shall be final. Protests of a solicitation must be filed in writing within seven business days of posting bid/Request for Proposal (RFP) document. Protests of an award of a bid/RFP must be filed in writing within seventy two (72) hours of the award being posted to BidNet, provided that the protest is sought by the Vendor prior to the District finalizing a contract with the selected vendor.

Force Majeure Clause:

Should events beyond the reasonable control of the DISTRICT and CONTRACTOR, including but not limited to, acts of God, war, acts of any government or agency thereof, fire, explosions, epidemics, pandemics, including COVID-19, plagues, outbreaks of infectious disease or any other public health crisis, including quarantine, stay at home orders or the like, or other employee restrictions, or any other cause reasonably beyond the parties’ control (collectively referred to as “events”), making the terms impracticable, impracticable to perform, illegal or impossible to fully perform under this Agreement as the Parties originally contracted, the affected party may terminate this Agreement, without liability, upon written notification.

Definition of “without liability”: “Without liability” means that there will be no liquidated damages, attrition fees, cancellation fees, rental charges, rental deposits, service charges, or any direct, consequential, compensatory, special incidental damages or any other damages or amounts of any nature whatsoever.

Additional Required Documents:

1. Current IRS W-9

2. Historically Underutilized Businesses (HUB) certificate, if applicable.

3. Documentation as a Minority Business Enterprise, Women’s Business Enterprise, and/or Labor

Surplus Firm, if applicable.

Attachment A

Checklist

It is advised that the proposer read the entire solicitation thoroughly and respond to all areas of the solicitation. The following information and completed forms must be submitted for a complete proposal:

Proposal submitted through Rocky Mountain BidNnet

Completed Product List of pricing (Firm Price and/or Cost plus Fixed Fee per case). Submitted through BidNet.

Response and acknowledgement to all sections in the proposal including but not limited to, description of procedures, delivery timelines, minimum delivery quantities, payment terms, credits, special orders, communication services, and sales staff. Also include a description of how you plan to meet each of the evaluation criteria.

Copy or description of access to HACCP plan

GAP (Good Agricultural Practices) Documentation, if applicable.

Copy of Certificate of Insurance

Copy of Current IRS W-9

Identification of any requirements that cannot be fully met.

Description of any ancillary services that will contribute to the SFA requirements, with no additional cost.

Documentation of proof of being a Historically Underutilized Businesses (HUB), Minority Business Enterprise, Women’s Business Enterprise, or a Labor Surplus Firm.

Completed and signed documents and certifications (Attachments A through I).

Attachment B Vendor Pricing Form

Proposer(s) - Complete, sign and return this “Vendor Pricing Form”, along with the “Proposer Contact Information” uploaded into the program.

Completed proposal must be submitted no later than: May 8, 2025, 2:00 PM MST Proposer(s) failure to execute/sign proposal prior to submittal may render proposal non-responsive.

Organization Name (print):

Name and Title of Authorized Representative (print):

Address: ________________________________________________________________________

City: _________________________________ State: ________________ ZIP: ________________

I certify by my signature below that the PRICES quoted in this proposal are correct and that the proposal conforms to all specifications and requirements outlined in the solicitation. Prices are submitted as outlined in Section III, A (select one) ___Firm Price, ___Cost Plus Fixed Fee, or ___ Combination of Firm Price and Cost Plus Fixed Fee. I further certify that I have the authority to obligate the company to perform under the terms and conditions stated in this solicitation, which is hereby incorporated by reference and made a part hereof, and the company agrees to be bound by such terms and conditions and any resulting contract or agreement. I further agree that any conflict between the terms and conditions of the solicitation and the company’s proposal documents will be resolved in favor of the solicitation, except as may be otherwise agreed to in writing by the vendor and the SFA.

The undersigned hereby offers to provide products as specified in this proposal for the period starting July 1, 2025 and ending June 30, 2026.

I understand that the SFA reserves the right to reject any or all proposals, and that this proposal may not be withdrawn during a period of thirty (30) days from the time of opening of the proposal.

Signature (of authorized representative): Date:

Print Name: ________________________

Title: ______________________________ NOTE: Accepting a Proposer(s) proposal does not constitute award of the contract.

If your proposal is accepted, these documents will serve as part of the contract with the SFA.

Attachment C Proposer Contact Information

Proposer Name: ____________________________________________________________________ Contact Person for Orders: _______________________________________________________________ Office Phone: ____________________________ Cell Phone: ______________________________ Fax: ____________________________________ E-mail: _________________________________

Emergency Contact Person for After/Before Hours _________________________________________ Office Phone: ____________________________ Cell Phone: ______________________________

Contact Person: Product Information (sourcing, grading, ingredient listings and nutrient analysis) Office Phone: ____________________________ Cell Phone: ______________________________

Contact Person: Billing Questions, Credits, Damaged or Incorrect Products Office Phone: ____________________________ Cell Phone: ______________________________

PROPOSER REFERENCE LIST

Reference One – Company Name: __________________________________________ Contact Person: ________________________ Office Phone: ____________________________ E-mail: _________________________________

Reference Two – Company Name: __________________________________________ Contact Person: ________________________ Office Phone: ____________________________ E-mail: _________________________________

Reference Three – Company Name: __________________________________________ Contact Person: ________________________ Office Phone: ____________________________

Attachment D

EQUAL OPPORTUNITY EMPLOYMENT ACT COMPLIANCE

Responding Party must make the following certification:

CERTIFICATE

I/We hereby certify that the

Company Name Address Phone Number

Is an equal opportunity employer as defined in Title VII of the Civil Rights Act of 1964 and the provisions of the Civil Rights Act of 1991.

Upon request of the Cherry Creek School District, we will show proof that our employment practices do meet in every respect the requirements of Title VII of the Civil Rights Act of 1964 and the provisions of the Civil Rights Act of 1991.

Cherry Creek School District intends and expects that the contracting processes of the District and its Vendors provide equal opportunity without regard to gender, race, ethnicity, religion, age or disability and that its Vendors make available equal opportunities to the extent third parties are engaged to provide goods and services to the District as subcontractors, vendors, or otherwise. Accordingly, the Vendor shall not discriminate on any of the foregoing grounds in the performance of the contract, and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the contract joint ventures are encouraged). The Vendor shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The Vendor shall maintain records demonstrating its compliance with this article and shall make such records available to the District ·upon the District's request.

Owner/Officer of firm:

Printed Name Title

Signature Date

Attachment E

IMPORT PRODUCTS/BUY AMERICAN ACT

The 1998 reauthorization of the National School Lunch Act requires school districts participating in the National School Meals Programs in the contiguous 48 states of the United States to buy food products produced in the United States (domestic) when using Federal Funds. Therefore, if there is a domestic and non-domestic product available, you must propose and supply domestic products. You may supply nondomestic products only when domestic products are unavailable. As defined in this legislation, a domestic food commodity is an agricultural commodity that is produced in the United States. A domestic food product is processed in the United States using substantially domestic agricultural commodities. Substantially means that over 51 percent of the finished product come from American produced products.

Implementing Federal Regulations are 7 CFR 210.21 and 220.16 published on September 20, 1999. You may be required to provide certification of domestic origin and content. You must certify that the majority of products you propose to supply meet the Federal Requirements in the "Buy American Acts" and stipulate which specific products are unavailable domestically.