Digital Menu Planning Software System

RFP # WRESA-45-2026-2027-01

REQUEST FOR PROPOSALS
FOR
DIGITAL MENU PLANNING SOFTWARE SYSTEM

BID SUMMARY

Commodity/Service Being Requested: Digital Menu Planning Software System.

Type of Solicitation: Request for Proposals (RFP) – Wayne RESA and the MOR School Food Service consortia in Michigan, in partnership with the CoPro+ cooperative purchasing program managed by the Public Procurement Institute of Michigan (PPIM), a nonprofit organization, is competitively bidding and awarding a Master Agreement to a Contractor or Contractors for a Digital Menu Planning Software System.

Type of Resulting Contract: Statewide Cooperative Contract – As a result of this RFP, Wayne RESA will work with the CoPro+ program to market and extend the resulting Contract to other public municipalities, non-profit organizations and schools statewide in having access to Contract(s) for a Digital Menu Planning Software System. This Contract will enable public municipalities, non-profit organizations, and schools to “piggyback” and purchase commodity/service on an “as needed” basis from the Contractor(s). Proposers shall list which regions you will service and identify any limitations on commodities and/or services areas within Appendix A – Regional Map, within this RFP.

Resulting Contract Term: Three (3) years with two (2) one-year renewal options. The base term for this Contract is for three (3) years. At the end of the initial term, this Agreement will be evaluated. If the parties agree that it is a mutually beneficial relationship, the Agreement may be extended through a signed Amendment by both parties for up to two (2) additional one (1) year options, which may be exercised individually or together.

RFP TIMETABLE	DATE / TIME
RFP Issue Date	February 18, 2026
Pre-Proposal Meeting**:	March 4, 2026, from 10:00 a.m. to 10:30 a.m. Eastern Time
Submission of Question(s) from Vendor Due	March 6, 2026, by 12:00 p.m. Eastern Time
Answers to Vendor Questions Due	March 11, 2026
Proposals Due*	March 18, 2026, by 12:00 p.m. Eastern Time
Contract Start	TBD

*Responses received later than the specified deadline will be disqualified.

**Pre-Proposal Meeting is strongly encouraged, though it is not mandatory to attend. The Pre-Proposal Meeting will be held virtually via Microsoft Teams on March 4, 2026, from 10:00 a.m. to 10:30 a.m. Eastern Time. Please see the meeting link, ID, and passcode below.

Pre-Proposal Meeting:

Topic: Digital Menu Planning Software System

Day/Time: March 4, 2026, 10:00 a.m. to 10:30 a.m. Eastern Time (US and Canada)

Join Teams Meeting:

https://teams.microsoft.com/meet/25655743486254?p=LXHqDOKJVU1u01o4gj

Meeting ID: 256 557 434 862 54

Passcode: eZ9Ld3Bv

Wayne RESA reserves the right to change this schedule as needed and all information provided by Wayne RESA in this RFP is offered in good faith. Individual items are subject to change at any time. Wayne RESA makes no certification that any item is without error.

The Sole Point of Contact During this Solicitation Process is:

Stacey Shaw

purchasing@resa.net

(989) 307-1307

Contacts with Wayne RESA Personnel: All contact with Wayne RESA regarding this RFP or any matter relating thereto must be sent to the following email: purchasing@resa.net

Electronic forms of all bid documents are available online at: Wayne RESA Bid Documents

If you experience any issues downloading the documents, contact Stacey Shaw at purchasing@resa.net

Selected Vendors may be required to participate in interviews. Failure of a Vendor to participate on the date scheduled may result in the rejection of the Vendor’s proposal. In addition, Wayne RESA may decide to make site visits to the selected Vendors’ reference sites or other sites provided by the Vendor.

Award of this proposal is contingent upon the approval of funding from Wayne RESA Board of Education.

Table of Contents

Solicitation Terms and Conditions can be found at https://www.resa.net/administrative-support/purchasing/request-for-proposal as (DOC) CoPro+ Contract Terms and Conditions

SECTION 1.0 – PROPOSER RESPONSES TO SCOPE OF WORK AND PRICING

1.1 Minimum Mandatory Requirements

All proposals will be reviewed for compliance with the minimum mandatory requirements. Proposals deemed non-responsive will be eliminated from further consideration.

Interested and qualified proposers that can demonstrate their ability to successfully provide the services requested under this RFP are invited to submit proposal(s), provided they meet the following:

1. Proposer must have a minimum of two (2) years’ successful experience in providing digital menu planning software systems specifically for school districts and the proposed solution must either currently be in use or have been in use in a minimum of at least three (3) school districts, including at least one district of similar size and complexity to members of this consortium. Please note, references should be entered in Section 2.2 References.

Proposer will enter responses in the “Proposer Response” text boxes provided. There is no minimum requirement or limitation on the amount of words used for responses.

-EXAMPLE-Proposer Response:

1.2 Introduction and Background

Wayne RESA, established by the Michigan Legislature in 1960, is the largest of fifty-six (56) such agencies throughout the state. The Wayne RESA board is elected by one vote from each of the thirty-three (33) local Wayne County school district boards. WRESA provides a wide variety of services to thirty-three (33) public school districts and approximately ninety-seven (97) public school academies in Wayne County, Michigan; serving more than 260,000 students. WRESA, through various consortium arrangements, provides a variety of services to other educational agencies throughout the state of Michigan.

MOR is a School Food Service consortia in Michigan. These consortia are presently comprised of 210 school districts and other agencies throughout the States of Indiana, Michigan and Ohio qualified for in excess of $14 million dollars in USDA entitlements. MOR is to be considered one entity for all rebates. Vendors bidding should be aware that the names and number of districts/entities will be updated as changes are made. The commercial pricing offered in this bid will be open to any school district or governmental agencies or public entities, who may join the consortium at any time to take advantage of commercial bid pricing.  As a cooperative effort built for the school districts associated and/or other such governmental agencies or eligible entities, our program does allow for “piggybacking” of this type on pricing to all school districts and or other such governmental agencies or eligible entities. (2 CFR Part 200.318-.326).

1.3 Scope of Work

Wayne RESA and MOR seek to modernize and streamline food service operations by implementing a scalable, digital menu planning software system to enhance nutrition services across member districts. The goal is to support compliance, efficiency, transparency, and data-driven decision-making in food service operations.

Objective:

The objective of this RFP is to procure a Digital Menu Planning Software System that meets the operational needs of diverse Michigan K-12 districts, enabling effective meal planning, compliance with nutritional standards, cost management, and improved communication with parents and students.

Proposer Response:

Please confirm your understanding by checking Yes or No.

☐ Yes ☐ No

A. Core Functional Requirements

The Contractor must provide a cloud-based, user-friendly Digital Menu Planning Software System that may include all or some of the functionalities below. Proposers are not required to provide all listed features but must clearly indicate which components are natively included by entering a “X” in the “Yes (Provided)” Column, and which would require additional development by entering a “X” in the “No” Column next to each requirement listed. For any missing core functions, proposers must provide estimated development costs for those features as Optional Features in Attachment A – Pricing Schedule.

	Requirement Area	SoW Requirement	Yes (Provided)	No
1.	Menu and Recipe Building Tools	Ability to create and manage customizable menus and recipes aligned with USDA guidelines and district-specific requirements.
2.	Nutritional Analysis	Real-time nutritional breakdown of menu items, compliant with USDA and NSLP/CACFP/SFSP programs.
3.	Meal & Menu Performance Tracking	Dashboards and reports on meal popularity, participation rates, and underperforming items across schools/districts.
4.	Cost Analysis	Identify and recommend cost-effective items or substitutions within recipes or menus, cost per meal, and cost per item capability.
5.	Production Record Integration	Support direct linkage between production records and cost analysis and menu item performance. Production record item lists shall be live-fed to the parent/student interface. Ability to generate and track daily/weekly/monthly production records from planned menus.
6.	Inventory Management	Real-time inventory tracking including usage, waste, replenishment notifications, and integration with purchasing systems.
7.	Parent & Student Mobile Access	A mobile-friendly, outward-facing platform (app or responsive web interface) where parents and students can: • View menus and nutrition info • Filter by allergens/preferences
8.	Vendor System Integration	System integration with VanEerden Foodservice is not a mandatory requirement. However, vendors are encouraged to quote development costs to support this integration and demonstrate its feasibility and efficacy if requested.
9.	Allergen Management & Filtering	Ability to filter dishes based on allergies or intolerances, ensuring that allergen information is clear and accessible.
10.	Religious Dietary Preference Support (Kosher/Halal)	Allow users to identify and filter menu items and recipes based on religious dietary requirements, including at minimum Kosher and Halal, for the purposes of menu planning, item selection, and reporting.

B. Functional & Technical Requirements

The following functional & technical requirements must be met:

1. Scalability:

Supports large districts and small, single-site schools.

2. Accessibility:

Cloud-based system with user role permissions.

3. Security:

Secure login/authentication protocols.

4. Customization:

Configurable for local wellness policies and preferences.

5. Reporting:

Exportable reports (PDF, Excel, CSV) for compliance and board reporting.

6. Training & Support:

Vendor must provide onboarding training and continuous technical support (phone, email, live chat).

7. Hosting:

Vendor-hosted SaaS model preferred

8. Uptime Guarantee:

99.9% uptime SLA with disaster recovery plan.

Proposer Response:

If you agree with Section 1.3.B, please state, “I agree.” If not, please state your exception(s) and reference specific subsection(s):

C. Deliverables

The awarded Contractor shall be responsible for delivering the following components as part of the successful implementation of the Digital Menu Planning Software System.

1. Implementation Plan:

o Timeline

o Resource allocation

o Milestone tracking

o District-specific rollout strategies

2. Customized Configuration per District:

o Menu templates

o Nutritional libraries

o Inventory rules

o User permissions

3. User Training:

o Admin-level and school-level training

o Parent-facing interface guidance

4. Technical Documentation & Manuals

o User guides for system use (internal and external), reporting, and support

5. Helpdesk Support Plan (during implementation)

o Helpdesk support via phone, chat, and/or email

o Support available during 7:00am – 5:00pm (Eastern Time)

o Ticketing system for reporting and tracking technical issues

Proposer Response:

If you agree with Section 1.3.C, please state, “I agree.” If not, please state your exception(s):

D. Proposed Solution

Proposers shall respond to this section using the headings and order outlined below. Responses must be clear, concise, and directly address each requirement. Marketing materials may be included as appendices but will not substitute for narrative responses. Proposers must include the following:

1. Proposed Solution Overview:

o Describe the proposed digital menu solution and how it meets the objectives of this RFP.

o Identify whether the solution is commercially available, configurable, or custom-developed.

2. Functional Capabilities:

o Describe how the solution meets each functional requirement identified in this RFP.

o Clearly indicate any requirements that are partially met or not met and explain any planned workarounds.

3. Implementation & Deployment Approach:

o Provide a high-level implementation plan, including major phases, estimated timelines, and key milestones.

o Identify roles and responsibilities of both the Proposer and WRESA.

4. Support, Maintenance, and Service Model:

o Describe ongoing support services, service levels, escalation procedures, and response times.

o Identify any optional support services and how they are priced.

5. Assumptions and Dependencies:

o Clearly state all assumptions, prerequisites, and dependencies associated with the proposed solution.

Proposer Response:

You may enter your response to Section 1.3.D here or attach separately.

E. Subcontracting

Any person or vendor undertaking a part of the work under the terms of the Contract, by virtue of an agreement with the Contractor, must receive the approval of the designated WRESA staff prior to any such undertaking. WRESA may terminate the Contract if subcontracting is done without this approval.

Proposer Response:

Please confirm your understanding by checking Yes or No.

☐ Yes ☐ No

If you have a subcontractor, please enter information here:

1.4 Statewide Cooperative Contract

Wayne RESA is working with the CoPro+ purchasing program on this bid solicitation.  If your bid meets the minimum qualifications, is responsive and responsible and offers competitive pricing you may be considered and approached to extend a term agreement and pricing to other public entities within the county, the region, and the state, in accordance with Michigan Compiled Laws 124.504.  This process is called “piggybacking”; it offers tremendous value to public ordering entities regarding the cost and time to manage an end-to-end purchasing event.  This process also offers exceptional value to selected vendors in terms of their company’s resources and time to respond to multiple solicitations from various public entities who have a similar need for their products or services.

All pricing submitted to Wayne RESA and its participating entities must include a 2% administrative fee to be remitted to CoPro+ by the Contractor on a quarterly basis. Administrative fees will be paid against actual sales volume for each quarter. It is the Contractor’s responsibility to keep all pricing up to date and on file with Wayne RESA/CoPro+. All price changes must be presented to Wayne RESA/CoPro+ for acceptance, using the same format as was accepted in the original Contract.

Proposer Response:

Please confirm your understanding by checking Yes or No.

☐ Yes ☐ No

1.5 RESERVED

1.6 Service Capabilities

1.6.1 Communication Plan/Contract Management

Proposers shall identify their company standards of communication as they relate to Contract performance, issue management, and change management. An issue is an identified event that, if not addressed, may affect schedule, scope, service, delivery, quality, or budget. A change is identified as a change in corporate leadership, structure, merger or acquisition.

Proposer Response:

Contract Performance: Describe how your company maintains communication to ensure the project stays on schedule, within scope, and aligned with expectations. Issue Management: Outline your process for identifying, addressing and resolving issues that impact the schedule, budget or quality. Change Management: Explain your approach to handling significant organizational changes to ensure continuity during the Contract.

1.6.2 Primary Account Representative

Proposers must identify by name and location the primary account representatives who will be responsible for the performance of a resulting Contract, as well as contact persons for reports and bid documents.

Proposer Response:

Contact person’s name, email address, location for Contract Performance: Contact person’s name, email address, location for Bid Documents: Contact person’s name, email address, location for Reports:

1.7 Customer Service

It is preferred that the Vendor have an accessible customer service department for ongoing user and technical support after the system is live (post implementation). Customer inquiries should be responded to with forty-eight (48) hours or two (2) business days unless it is an emergency issue. Describe your company’s Customer Service Department (hours of operation, number and location of service centers, regular and emergency response times, etc.).

Proposer Response:

Customer Service Contact: Customer Service Phone#: Hours of Operations: Address: Regular Response Times: Emergency Response Times:

1.8 Purchase Orders

Requests for quotes will be initiated by participating agencies as specific needs arise. Participating agencies will issue individual detailed specifications to the pre-qualified vendor pool along with specific response information required, deliverables, and any special terms and conditions. The vendors will respond directly to the requesting agency within the timeframe specified in the request for quote. The participating agency will evaluate the responses and determine the vendor that will be awarded a purchase order (PO). Resulting orders are to be shipped and billed directly to these institutions.

Proposer Response:

Please confirm your understanding by checking Yes or No.

☐ Yes ☐ No

1.9 Delivery and Acceptance

Proposer must address the following items and costs in their proposal and other items/costs that they are aware of that may not have been requested in this bid.

1. All pricing must reflect net 30 payment terms.

2. Ordering/customer service capabilities and procedures.

3. Policies and procedures for an organization accepting product/service.

Proposer Response:

1. All pricing must reflect net 30 payment terms. Agree? Yes or No 2. Ordering/customer service capabilities and procedures. 3. Policies and procedures for an organization accepting product/service.

1.10 Management and Staff

Proposer should address the following items in their proposal:

1. Project Management of the Contract. (Point of Contact during the Contract)

2. Staffing and responsibilities of Contractor. Please include an Organizational Chart, if available, include staff names, job titles, years of experience, etc.

Proposer Response:

Project Management of the Contract (Point of Contact): Staffing and responsibilities of Contractor. Please include an Org Chart, if available, include staff names, job titles, years of experience, etc. – Feel free to include as a separate attachment.

1.11 Pricing Schedule

Respondents will provide pricing information on Attachment A – Pricing Schedule that will be utilized when evaluating price competitiveness.

1.11.1 RESERVED

1.11.2 Bid Pricing

Proposers have the option to provide high-volume pricing. Proposers who offer high-volume pricing may be evaluated more favorably than those who do not. Proposers should specify this discount option within their cost proposal and at what level.

1.11.3 Quantity Term

Vendor agrees to supply the complete quantity and products that each customer requires.

1.11.4 Tax Excluded from Price

(a) Sales Tax: Wayne RESA and local units of government are exempt from sales tax for direct purchases. The Proposer's prices must not include sales tax.

(b) Federal Excise Tax: Wayne RESA may be exempt from Federal Excise Tax, or the taxes may be reimbursable, if articles purchased under any resulting Contract are used for Wayne RESA's exclusive use. Certificates showing exclusive use for the purposes of substantiating a tax-free, or tax-reimbursable sale will be sent upon request. If a sale is tax exempt or tax reimbursable under the Internal Revenue Code, the Proposer's prices must not include the Federal Excise Tax.

Proposer Response:

Include any comments regarding pricing, discounts being offered, and information on other cooperative Contracts held by respondent.

1.12 Price Assurance

The awarded vendor agrees to provide pricing to Wayne RESA and its participating entities that are the lowest pricing available, and the pricing must remain so throughout the duration of the Contract. The awarded vendor agrees to promptly lower the cost of any product purchased through Wayne RESA following a reduction in the manufacturer or publisher's direct cost. If respondent has existing cooperative Contracts in place, Wayne RESA requests equal or better than pricing to be submitted.

All pricing submitted to Wayne RESA must include a 2% administrative/remittance fee to be remitted to CoPro+ by the awarded vendor. It is the awarded vendor’s responsibility to keep all product listings up to date and on file with Wayne RESA/CoPro+.

Proposer Response:

Please confirm your understanding by checking Yes or No.

☐ Yes ☐ No

If “NO” was answered on any item in this RFP, please explain:

SECTION 2.0 – PROPOSER INFORMATION AND ACCEPTANCE

1. The undersigned declares that the bid documents, including, without limitation, any RFP Addenda and Exhibits have been read.

The undersigned is authorized, offers, and agrees to furnish the articles and/or services specified in accordance with the Specifications, Terms & Conditions of the bid documents of this RFP.

2. The undersigned has reviewed the bid documents and fully understands the requirements in this bid and that each proposer who is awarded a Contract must be, in fact, a prime Contractor, not a subcontractor, and agrees that its bid, if accepted by Wayne RESA, will be the basis for the Proposer to enter into a Contract with Wayne RESA in accordance with the intent of the bid documents.

3. The undersigned acknowledges receipt and acceptance of all addenda.

4. The undersigned agrees to the following terms, conditions, certifications, and requirements listed in Section 2.3:

● Contractor’s Employment Eligibility

● Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

● Certification Regarding Nondiscrimination Under Federally and State Assisted Programs

● Assurance Regarding Access to Records and Financial Statements

● Iran Economic Sanctions Act

● Certificate of Independent Price Determination

● Certifications/Disclosure Requirements Related to Lobbying

● U.S. Department of Energy Assurance of Compliance Non-Discrimination in Federally Assisted Programs

5. The undersigned acknowledges that proposer will be in good standing in the State of Michigan, with all the necessary licenses, permits, certifications, approvals, and authorizations necessary to perform all obligations in connection with this RFP and associated bid documents.

6. It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions and, if applicable, the site conditions. By the submission of a bid, the proposer certifies that if awarded a Contract they will make no claim against Wayne RESA based upon ignorance of conditions or misunderstanding of the specifications.

7. Patent indemnity: Vendors who do business with the Wayne RESA must hold Wayne RESA, its officers, agents and employees, harmless from liability of a nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Contract or purchase order.

8. Insurance certificates are not required at the time of submission. However, if awarded, the Contractor agrees to meet the minimum insurance requirements posted in the terms and conditions. This documentation must be provided to Wayne RESA, prior to award, and must include an insurance certificate and additional insured certificate, naming Wayne RESA, which meets the minimum insurance requirements, as stated in the terms and conditions.

2.1 Company Profile

Company Profile

Official Name of Company:

Street Address:

City:

State: Zip Code:

Website:

Primary Contact Name:

Primary Contact Phone Number:

Primary Contact Email Address:

Dun & Bradstreet (D&B) Number (if applicable):

Has your company been debarred by the Federal and/or State Government? ☐ Yes ☐ No If yes, has it been lifted and if so, when?

Have you ever been in bankruptcy or in reorganization proceedings?

Brief history of your company, including the year it was established:

Signature:

Name and Title of Signer:

Date:

2.2 References

Provide a minimum of three (3) customer references for product and/or services per Minimum Mandatory Requirements listed in Section 1.1, 1. Please identify any experience relevant to the services you propose providing through this RFP within the Description of Services:

Entity Name:
Contact Name:	Title:
City:	State:
Phone Number:	Years Serviced:
Description of Services:
Annual Volume:

Entity Name:
Contact Name:	Title:
City:	State:
Phone Number:	Years Serviced:
Description of Services:
Annual Volume:

Entity Name:
Contact Name:	Title:
City:	State:
Phone Number:	Years Serviced:
Description of Services:
Annual Volume:

2.3 Assurances and Certifications

CONTRACTOR’S EMPLOYMENT ELIGIBILITY

By entering the Contract, Contractor warrants compliance with ARS subsection 41-4401, ARS subsection 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statutes of the states it will operate this Contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The vendor complies and maintains compliance with FINA, ARS 41-4401 and 23-214 which requires compliance with federal immigration laws by State employers, State Contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor must comply with governing board policy of the Wayne RESA Participating entities in which work is being performed.

_________________________________________ ___________________________________

Printed Name of Respondent Signature of Respondent

_________________________________________ ___________________________________

Company Name Date of Signature

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

The prospective Contractor certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for from participating in this transaction by any Federal department of agency. Where the prospective Contractor is unable to certify to any of the statements in this certification, such prospective Contractor must attach an explanation to this proposal.

Certification Regarding Nondiscrimination Under Federally and State Assisted Programs

The applicant herby agrees that it will comply with all federal and Michigan laws and regulations prohibiting discrimination and, in accordance therewith, no person, on the basis of race, color, religion, national origin or ancestry, age, sex, marital status or handicap, shall be discriminated against, excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in any program or activity for which it is responsible or for which it receives financial assistance from the U.S. Department of Education or the MDE.

Assurance Regarding Access to Records and Financial Statements

The applicant hereby assures that it will provide the pass-through entity, i.e., the Wayne County Regional Educational Service Agency, and auditors with access to the records and financial statements as necessary for the pass-through entity to comply with 2 CFR, Part 200, Subpart F and Compliance Supplement for the U.S. Department of Education.

Iran Economic Sanctions Act

The prospective Contractor certifies that its organization, by submission of this proposal, is not an Iran Linked Business. Please refer to the “Iran Economic Sanction Act” Public Act 517 for clarifications or questions. Wayne RESA as a Michigan public entity is required to follow Public Act 517 of 2012.

Vendor Signature:

Date:

Notary

State of _____________________________________ County of ____________________________________

Sworn to and subscribed before me, a notary public in and for the above state and county, on this ________ day of ___________________________, 20 ______.

Notary Public _________________________________ My commission expires:

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(A) By submission of this offer, the offeror certifies each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting completion, as to any matter relating to such prices with any other offeror or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to bid opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any person or firm to submit or not to submit an offer for the purpose of restricting competition.

(B) Each person signing this offer on behalf of the manufacturer or processor certifies that:

(1) He or she is the person in the offeror’s organization responsible within the organization for the decision as to the prices being offered herein and has not participated, and will not participate, in any action contrary to (A)(1) through (A)(3) above; or

(2) He or she is not the person in other offeror’s organization responsible within the organization for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to (A)(1) through (A)(3) above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to (A)(1) through (A)(3) above.

To the best of my knowledge, this manufacturer or processor, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public Contract, except as follows:

__________________________________________ ________________________________

Company’s Authorized Representative / Position Title Signature of Company Representation

__________________________________________ _____________________________

Company Name Date of Signature

CERTIFICATIONS/DISCLOSURE REQUIREMENTS RELATED TO LOBBYING

Section 319 of Public Law 101-121 (31 U.S.C.), signed into law on October 23, 1989, and imposes new prohibitions and requirements for disclosure and certification related to lobbying on recipients of Federal Contracts, grants, cooperative agreements, and loans. Certain provisions of the law also apply to Federal commitments for loan guarantees and insurance; however, it provides exemptions for Indian tribes and tribal organizations.

Effective December 23, 1989, current and prospective recipients (and their subtier Contractors and/or subgrantees) will be prohibited from using Federal funds, other than profits from a Federal Contract, for lobbying Congress and any Federal agency in connection with the award of a particular Contract, grant, cooperative agreement, or loan. In addition, for each award action in excess of $100,000 (or $150,000 for loans) on or after December 23, 1989, the law requires recipients and their subtier Contractors and/or subgrantees to: (1) certify that they have neither used nor will use any appropriated funds for payment to lobbyists; (2) disclose the name, address, payment details, and purpose of any agreements with lobbyists whom recipients or their subtier Contractors or subgrantees will pay with profits or non-appropriated funds on or after December 23, 1989; and (3) file quarterly updates about the use of lobbyists if material changes occur in their use. The law establishes civil penalties for noncompliance. If you are a current recipient of funding or have an application, proposal, or bid pending as of December 23, 1989, the law will have the following immediate consequences for you:

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