1-3595-7 Child Nutrition Programs - PCPA.pdf

Arizona Department of Education FSMC RFP Template 11.2025 - Page 1 of 79

Child Nutrition Programs Request for Proposal

Maricopa County Community College on behalf of

Phoenix College Preparatory Academy

Fixed-Price

Solicitation/RFP Number: 3595-7

Solicitation Release Date: Thursday, March 26, 2026

Questions Due Date: April 3, 2026

Questions Due Time: 5:00 PM (Arizona Time)

Questions Submittal Location:

https://maricopa.bonfirehub.com/opportunities/private/9487f9745d60e90fd12eae2217fe3eef

Solicitation Due Date: Wednesday, April 29, 2026

Solicitation Due Time: 3:00 PM (Arizona Time)

Submittal Location:

Offer Opening Date: Wednesday, April 29, 2026

Offer Opening Time: 3:15 PM (Arizona Time)

Offer Opening Google Meet: https://meet.google.com/nss-knhx-fbm

Or dial: 2741-845-(US) +1 614 PIN: 901 600220 #

Oral Presentations & Product Tasting Date: May 21-22, 2026

Oral Presentations & Product Tasting Time: To be determined

Oral Presentations & Product Tasting Location: Phoenix College Preparatory Academy, 3310 North 10th Avenue, Phoenix, AZ 85013

Description of Procurement:

Competitive sealed proposals for the materials or services specified will be received by Maricopa County Community

College District (MCCCD) on behalf of Phoenix College Preparatory Academy (PCPA) at the above specified location until the time and date cited. Offers received via the procurement portal and by the correct time and date will be opened, and the name of each Offeror will be publicly read. Offers must be in the actual possession of MCCCD/PCPA on or prior to the time and date, and ONLY through the procurement portal linked above. Late offers will not be considered.

MCCCD uses a portal hosted by Euna Procurement (formerly Bonfire) for accepting and evaluating proposals.

Registration for a Euna Procurement account will be necessary to view and respond to the RFP. It shall be the responsibility of the Offeror to confirm that proposals contain all required documents and are submitted electronically through the MCCCD Procurement Portal. Additional instructions for preparing an offer are included in this Solicitation.

Persons with disabilities may request special accommodations such as interpreters, alternate formats, or assistance with physical accessibility. Requests for special accommodations must be made with seventy-two (72) hours prior notice. Such requests are to be addressed to the Solicitation Contact Person or Procurement Officer listed below.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE

SOLICITATION

SFA Procurement Officer/Contact: Tiara Peterson

Procurement Officer/Contact Phone Number: (480) 731-8521

Procurement Officer/Contact E-Mail Address: Tiara.Peterson@domail.maricopa.edu https://meet.google.com/nss-knhx-fbm mailto:Tiara.Peterson@domail.maricopa.edu

Arizona Department of Education FSMC RFP Template 11.2025 - Page 2 of 79

OFFER AND AWARD

The Undersigned hereby offers and agrees to furnish the materials, service(s), or construction in compliance with all the terms, conditions, specifications, and amendments in the solicitation.

Company Name Name of Person Authorized to Sign Offer

Street Address Title of Authorized Person

City State Zip Code Signature of Authorized Person Date of Offer

Telephone Number:

Offeror’s Arizona Transaction (Sales) Privilege Tax License Number:

Offeror’s Federal Employer Identification Number:

Offeror’s Unique Entity Identifier Number:

Acknowledgement of Amendment(s): Amendment Number Date

(Offeror acknowledges receipt of amend-ment(s) to the Solicitation for Offers and related documents numbered and dated)

ACCEPTANCE OF OFFER AND AWARD

Your Offer is hereby accepted as described in the Notice of Award. You are now bound to perform based upon the solicitation and your

Offer, as accepted by the SFA.

This Contract shall henceforth be referred to as Contract Number 3595-7.

Signature Date

Printed Name Title

SFA Name: Phoenix College Preparatory Academy

Arizona Department of Education FSMC RFP Template 11.2025 - Page 3 of 79

TABLE OF CONTENTS

Section Title Page

Offer and Award Form 2

Table of Contents 3

1 Scope of Work 5

2 Special Terms and Conditions 10

3 Uniform Terms and Conditions 25

4 Special Instructions to Offeror 30

5 Uniform Instructions to Offeror 35

6 Specific Purchasing Option Contract Pricing, Payment, and Invoicing 40

These standard documents must be completed and returned by the Offeror. Other documents may be required. Refer to Special Instructions to Offeror.

Attachment 7.1 Contract Pricing Summary 41

Attachment 7.2 Offeror’s Approach and Implementation Plan 42

Attachment 7.3 Labor Costs 43

Attachment 7.4 Financial Projected Worksheet 44

Attachment 7.5 Schedule of Terms for the FSMC Guarantee 45

Attachment 7.6 21-Day Cycle Menus 46

Attachment 7.7 Offeror’s Internal Accounting Process 47

Attachment 7.8 Offeror’s Farm to School/Geographical Preference Option N/A 48

Attachment 7.9 Offeror’s Food Services Program List/Qualifications 49

Attachment 7.10 Offeror’s References 50

Attachment 7.11 Offeror’s Discontinued or Terminated Services 51

Attachment 7.12 Offeror’s Organization Chart 52

Attachment 7.13 Offeror’s Personnel Information 53

Attachment 7.14 Offeror’s Drug Free Workplace Policy 54

Attachment 7.15 Offeror’s Staffing Schedule 55

Attachment 7.16 Offeror’s Training Program 56

Attachment 7.17 Certification Regarding Lobbying and Disclosure of Lobbying Activities 57

Arizona Department of Education FSMC RFP Template 11.2025 - Page 4 of 79

TABLE OF CONTENTS

In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to

USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call

(866) 632-9992. Submit your completed form or letter to USDA by:

1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence

Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410;

2. Fax: (202) 690-7442; or

3. Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

Section Title Page

Attachment 7.18 Certificate of Independent Price Determination 60

Attachment 7.19 Deviations and Exceptions 61

Attachment 7.20 Confidential/Proprietary Form 62

Attachment 7.21 Non-Collusion Affidavit 63

Attachment 7.22 W-9 Form 64

Attachment 7.23 Statement of No Bid 65

8 Exhibits

Exhibit A Meal Pattern – School Breakfast (SBP) 66

Exhibit B Meal Pattern – School Lunch (NSLP) 67

Exhibit C Meal Pattern – After School Care Snack Program (ASCSP) 69

Exhibit D Meal Pattern – Summer Food Service Program (SFSP) 70

Exhibit E Meal Pattern – Child and Adult Care Food Program (CACFP) 71

Exhibit F SFA Detailed Information 73

Exhibit G 2024-2025 School Calendar 75

Exhibit H 2025-2026 School Calendar 76

Exhibit I 2024-2025 Sponsor & School Claims Information 77

Exhibit J 2025-2026 YTD Sponsor & School Claims Information 79 https://www.usda.gov/sites/default/files/documents/ad-3027.pdf mailto:program.intake@usda.gov

Arizona Department of Education FSMC RFP Template 11.2025 - Page 5 of 79

Section 1

Scope of Work

BACKGROUND

Phoenix College Preparatory Academy, hereby referred to as the School Food Authority (SFA), seeks to contract with a Food

Service Management Company (FSMC) to operate the following food services: National School Lunch Program (NSLP) and School Breakfast Program (SBP).

This Request for Proposal (RFP) is intended to provide a basis for the selection of an FSMC. The selected FSMC will be responsible for: (1) the management of the food services staff, including training and development, quality and control; (2) extensive operational and technical support; and (3) financial management of the program. In submitting a proposal, the

FSMC agrees that it will perform the work described in the RFP in full compliance with all applicable laws, rules, and regulations adopted or promulgated by any Federal or State regulatory body or governmental agency. By reading and accepting this pre-qualification outline, the interested FSMC acknowledges that the SFA has no obligation to contract, unless, in its sole opinion, it is in its best interest to do so.

The SFA employs one (1) person and provides food service to approximately two hundred and fifty (250) children at one (1) site, including one (1) school.

The food service prepares approximately 23,980 meals annually. This consists of 7,160 breakfast meals and 16,820 lunches.

Detailed SFA information is on Exhibit F.

A. The SFA will adhere to the following Code of Federal Regulations (CFR) in the oversight of the food service program.

(1) The SFA shall adhere to the procurement standards specified in 7 CFR 210.21 when contracting with an FSMC.

[7 CFR 210.16(a)(1)/2 CFR 200.319]

(2) The SFA shall ensure that the food service operation is in conformance with the SFA’s agreement under the program. [7 CFR 210.16(a)(2)]

(3) The SFA shall monitor the performance of the FSMC through periodic on-site visits. [7 CFR 210.16(a)(3)]

(4) The SFA shall retain control of the quality, extent, and general nature of the food service and prices charged to children for meals. [7 CFR 210.16(a)(4)]

(5) The SFA shall retain signature authority on the Food Program Permanent Service Agreement, free and reduced policy statement, and claims. [7 CFR 210.16(a)(5)]

(6) The SFA shall establish an advisory board composed of parents, teachers, and students to assist in menu planning.

[7 CFR 210.16(a)(8)]

(7) The SFA shall obtain written approval of requests for proposals (RFP) for an FSMC before their issuance. The SFA must incorporate all Arizona Department of Education (ADE) required changes to its solicitation documents before issuing those documents. [7 CFR 210.16(a)(9)]

(8) The SFA shall ensure that ADE has reviewed and approved the contract terms and that the SFA has incorporated all

ADE required changes into the contract or amendment before any contract or amendment is executed. Any changes made by the SFA to the prototype contract must be approved in writing by ADE before the contract is executed. When requested, the SFA must submit all procurement documents by the due date set by ADE. [7 CFR 210.16(a)(10)]

(9) The SFA shall maintain responsibility for the application process for all free and reduced-price meals and shall establish and notify parents and guardians of program criteria for eligible students. The SFA shall be responsible for verifying applications for free and reduced-price meals as required by USDA regulations. The SFA will ensure that no child is discriminated against race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity. Both the SFA and the FSMC shall be responsible for protecting the anonymity of students receiving free or reduced-price meals. [7 CFR 245.6]

(10) Every school year, before February 1, the SFA with more than one school shall perform no less than one on-site review of the lunch counting and claiming system and the readily observable general areas of review as identified under

Arizona Department of Education FSMC RFP Template 11.2025 - Page 6 of 79

7 CFR 210.18(h) in each school operating the National School Lunch Program (NSLP) and 50% of schools operating the

School Breakfast Program (SBP) under its jurisdiction. In addition, schools operating Breakfast in the Classroom (BIC) are encouraged to observe as many classrooms as they deem necessary. While the annual requirement is to complete

50% of the schools approved to participate in the SBP in the SFA’s jurisdiction, each school approved to participate in the SBP must be reviewed at least once every two years. If the review discloses problems with a school's meal counting or claiming procedures, the SFA shall ensure that the school implements corrective action and, within forty-five (45) days of the review, conduct a follow-up on-site review to determine that the corrective action resolved the problem.

Each on-site review shall ensure that the school's claim is based on the counting system authorized by the State agency under 7 CFR 210.7(c) and that the counting system, as implemented, yields the actual number of reimbursable free, reduced-price, and paid lunches, respectively, served for each day of operation. [7 CFR 210.8(a)(1)]

B. The SFA will maintain a written code of conduct that prohibits real or apparent conflict of interest and disciplinary actions that are to be applied for violations of such standards. [2 CFR 200.318(c)(1)]

C. The SFA will maintain written procurement procedures that ensure full and open competition exists to the maximum extent possible. 2 CFR 200.319

METHOD OF APPROACH AND IMPLEMENTATION PLAN

1. Food Purchase Specifications.

A. The FSMC will act as the purchasing agent and will be responsible for purchasing all food items, supplies, and equipment required for the Child Nutrition Programs (CNP). The FSMC will buy the beginning inventory, exclusive of

USDA Foods, from the SFA if applicable. The FSMC will purchase quality products at the lowest possible cost, utilizing existing contracts in place by the FSMC at the corporate level. The FSMC must credit the SFA for the value of all USDA

Foods received for the use in the SFA's meal service in the school year, including both entitlement and bonus foods, and including the value of USDA Foods contained in processed end products, in accordance with the contingencies in [7 CFR

250.50]

B. All purchases generated by the FSMC must adhere to the Federal CNP procurement regulations in 2 CFR 200 and 7 CFR

210.21 and will adhere to Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public

Law 105-336) and Section 12(n) of the NSLA (42 USC 1760(n).

C. The FSMC shall purchase all food and non-food items at the lowest price possible consistent with maintaining quality standards and service. The FSMC shall be responsible for purchasing standards and specifications to bring about the best quality and price for the SFA’s food service program. Specifications shall cover items such as grade, purchase units, style, condition, weight, ingredients, formulations, and delivery time. Official U.S. grade standards for all meal components are available from: http://www.fns.usda.gov/fdd/specifications-us-grading-standards. [7 CFR 210.16(c)(3)]

Beef USDA inspected Fresh fruits US Fancy

Poultry USDA inspected Canned fruits US Fancy

Variety meats High quality Canned vegetables US Fancy

Dairy products Grade A Frozen fruits High quality

Eggs Fresh Grade A All other items High quality

Fish Government Inspected

D. Whether the SFA conducts its own procurement, or if the FSMC procures products on behalf of the SFA, the FSMC may not require any additional liability coverage, regardless of dollar value, beyond that which the SFA would require under procurements not involving the FSMC.

E. The FSMC must submit a comprehensive plan on how the FSMC will purchase food to keep costs low and quality high on Attachment 7.2. The FSMC must state the estimated food costs in Attachment 7.4. The FSMC must also describe the methodology it will use to credit the market value of the USDA Foods received on the invoice and provide a sample invoice in the proposal that will meet all the information listed in the Special Terms and Conditions that pertain to USDA requirements. Complete Attachment 7.2 (Offeror’s Approach and Implementation Plan)

2. Buy American Provision.

A. The FSMC will purchase, to the maximum extent practicable, domestic commodities or products for Program meals in accordance with 7 CFR 210.21(d) and 7 CFR 220.16(d).

http://www.fns.usda.gov/fdd/specifications-us-grading-standards.%20%5b7

Arizona Department of Education FSMC RFP Template 11.2025 - Page 7 of 79

B. A “domestic commodity or product” is defined as one that is either produced in the U.S. and its territories or is processed in the U.S. and its territories substantially using agricultural commodities that are produced in the U.S. and its territories. [7

CFR 210.21(d)(i and ii)]

C. The SFA and the FSMC shall purchase, to the maximum extent practicable, domestic agricultural commodities or products substantially processed in the United States. “Substantially” means the final processed product contains over 51% domestically grown agricultural commodities. [7 CFR 210.21(d)(2)]

D. This provision applies to all food purchases paid from the nonprofit school food service account.

E. Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception may be approved upon request.

(1) Exceptions include:

(a)The product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality, or

(b)Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

(2) To be considered for the alternative or exception, the request must be submitted in writing to a designated official of the SFA, a minimum of two (2) days in advance of delivery. The request must include the:

(a)Alternative substitute(s) that are domestic and meet the required specifications:

(i)Price of the domestic food alternative substitute(s); and

(ii)Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

(b)Reason for exception: limited/lack of availability or price (include price):

(i)Price of the domestic food product; and

(ii)Price of the non-domestic product that meets the required specification of the domestic product.

(3) Buy American exceptions must be kept on file for review.

3. Menu Plan.

A. The SFA participates in the programs listed in the Background Section of this Agreement, and USDA Foods are available for use in the selected program(s). It is the intent of the SFA that such items will be included in menus to the greatest extent possible.

B. The FSMC shall include 21-day cycle menus developed in accordance with the meal pattern requirements specified in

7 CFR 210.10 for the programs listed in the Background Section of this Agreement. These menus will be used as a basis for projecting costs. The FSMC must adhere to the FSMC developed menu for the first twenty-one (21) days of meal service.

The menus shall meet the requirements stated in Public Law 111-296, the Healthy, Hunger-Free Kids Act of 2010

(HHFKA). Changes thereafter may be made with the approval of the SFA. [7 CFR 210.16(b)(1)] Complete Attachment 7.6 for each program. (21-Day Cycle Menus)

C. Successive menus must offer the same level of quality, variety, and nutritional value as the first 21-day proposed menu.

The FSMC shall ensure compliance with the SFA’s Agreement with the Arizona Department of Education (ADE).

D. The FSMC shall provide reimbursable meals which meet the nutrition standards stated in section 201 of the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296, HHFKA), amended Section 4(b) of the NSLA, 42 USC 1753(b). Refer to

Exhibits B - F for meal pattern requirements.

E. The FSMC may not change or vary the menus after the first menu cycle without the written approval of the SFA. [7 CFR

210.16(b)(1)] The SFA shall approve the menus no later than two weeks before service. Any changes or variances requested by the FSMC for substitutions to the SFA menu of lower quality food items shall be justified and documented in writing.

The FSMC must maintain documentation for substitutions and justification of lower quality food items for the records retention period that is applicable to food production records and shall make such documentation available to the SFA, ADE, and USDA for review upon request.

F. The FSMC will use strategies to keep costs low and quality high to prepare and serve a variety of high quality, wholesome, and nutritious foods and beverages for students, faculty, staff, employees, and others as chosen by the SFA.

[7 CFR 210.10(a)]

G. As applicable, any additional items served by the FSMC shall comply with 7 CFR 210.11, Competitive Food Service standards, and any other nutrition standards as a requirement under the Healthy Hunger-Free Kids Act of 2010.

Arizona Department of Education FSMC RFP Template 11.2025 - Page 8 of 79

H. The SFA is required to implement the Arizona Nutrition Standards as stated in ARS 15-242 and to follow the

Competitive Food Service standards for any food or beverage sold or served on the school campus during the school day. [7

CFR 210.11(a)(5)]

I. The SFA and the FSMC shall agree to detailed specifications for each a la carte item included in the 21-day cycle menu;

at a minimum, such specifications shall include:

(1) A recipe for each menu item that includes the total yield, portion size, ingredients, and all USDA required nutrient information;

(2) The identity of all branded items that may be used in the meal/a la carte, vending, school stores, etc.; and

(3) Whenever possible, the grade, style, and condition of each food item, and other information that indicates the acceptable level of quality for each food item.

J. Free and reduced-price lunches are provided to pupils who qualify, as determined by the USDA guidelines.

Occasionally, special food services are requested for functions other than the regular lunch periods. The FSMC should include in the offer a provision for accommodating such special requests on Attachment 7.2.

4. Program.

A. The FSMC shall implement an accurate point of service count using the counting system submitted to ADE by the SFA.

The counting system must eliminate the potential for the overt identification of free and reduced-price eligible students under USDA Regulation. [7 CFR 245.8(b)]

B. The FSMC shall post signage at the beginning of the serving line and before the Point of Service, all the food items that constitute a reimbursable meal at both breakfast and lunch. The signage will assist students in identifying the portion sizes and components of a reimbursable meal. The signage must be age/grade appropriate.

C. The FSMC will promote the nutritional education aspects of the SFA’s local wellness policy and cooperate in the efforts of the SFA to coordinate these aspects with classroom instruction. The FSMC must provide detailed information on

Attachment 7.2 about the FSMC’s philosophy regarding promotion (increasing awareness and participation) of the school food service program.

D. The FSMC must have extensive experience as food service operators and consultants of food service programs in general, and in schools as stated on Attachment 7.9. The FSMC shall have specific strategies for increasing both student and adult participation, while at the same time providing high quality, nutritional food. The FSMC shall have experience with this in other schools.

E. The FSMC shall ensure compliance with a food safety management system that complies with the Hazard Analysis and

Critical Control Point (HACCP) principles or meets the USDA guidance for developing a process approach to HACCP.

Public Law 108-265. The FSMC will ensure compliance with site-specific written food safety plans based on HACCP.

Describe the FSMC’s comprehensive plan on Attachment 7.2.

5. Cost Controls and Fees.

A. Each FSMC shall have a plan for controlling costs as described on Attachment 7.2. The plan should include:

(1) Previous record on meeting budgets and estimating costs;

(2) Management and accounting tools that the FSMC will implement to monitor cost controls, revenue, meal counts, and productivity;

(3) Outline the number of weeks the FSMC Management will work, the number of Management vacation days, and number of Management leave days that will be charged to the SFA;

(4) Amount of any bonus the FSMC will provide to the management staff, which will be charged to the SFA; and

(5) Identify what the management staff performance guarantee will be.

6. Accounting Systems and Records.

A. The FSMC shall have a policy as described in Attachment 7.2, on how proper, accurate pupil participation records will be maintained.

B. The SFA will designate by name and title the employee who will be responsible for supervising and auditing all financially related operations of the FSMC pertinent to the SFA.

C. N/A

Arizona Department of Education FSMC RFP Template 11.2025 - Page 9 of 79

D. The FSMC shall have a detailed internal accounting process as described on Attachment 7.7 of the offer. This process should include, at a minimum:

(1) Detailed inventory control for storage areas, including USDA Foods;

(2) Accounting controls;

(3) Method of recording, checking, and reporting sales;

(4) Internal control of cash handling;

(5) Internal audit system;

(6) All regular accounting forms used, with explanation of each;

(7) Account periods; and

(8) Data collection for purposes of evaluating the effectiveness of new and current programs.

7. Geographical Preference Option. [7 CFR 210.21(g)] N/A

Arizona Department of Education FSMC RFP Template 11.2025 - Page 10 of 79

Section 2

Special Terms and Conditions

1. Definition of Terms.

As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

A. “ADE” means the Arizona Department of Education.

B. “ASCSP” means After School Care Snack Program

C. “CACFP” means Child and Adult Care Food Program.

D. “CFR” means Code of Federal Regulations.

E. “CN” means Child Nutrition.

F. “CCC” means Commodity Credit Corporation.

G. “Cost-reimbursable contract” means a contract that provides for payment of incurred costs to the extent prescribed in the contract, with or without a fixed fee.

G. “Contractor” means any person who has a contract with the SFA.

H. “Fixed-Price” means an agreed upon amount that is fixed at the inception of the Contract.

I. “FNS” means Food Nutrition Services.

J. “FSMC” means Food Service Management Company.

K. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value present or promised, unless consideration of substantially equal or greater value is received.

L. “NSLP” means National School Lunch Program.

M. “Procurement Officer” means the person duly authorized by the SFA to enter into and administer Contracts, direct contract changes, and make written determinations with respect to the Contract.

N. “SBP” means School Breakfast Program.

O. “SFA” means School Food Authority.

P. “Solicitation” means the Request for Proposal (RFP).

Q. “SMP” means Special Milk Program.

R. “SFSP” means Summer Food Service Program.

S. “Sponsor” means the same as “Arizona Schools” but also includes nonprofit ownership’s participating in the educational system of the State, public or nonprofit residential childcare institution (RCCI) which operates principally for the care of children.

T. “USDA” means United States Department of Agriculture.

Contract:

2. Contract Term. [7 CFR 210.16(d)]

A. The term of this Contract shall commence on July 1, 2026. The contract will remain in effect for a term of up to twelve (12) months, unless terminated, canceled, or extended as otherwise provided herein, but will run no later than June 30, 2027.

B. The contract must be up to one (1) year with the option to have four (4) additional one-year renewals.

Arizona Department of Education FSMC RFP Template 11.2025 - Page 11 of 79

C. The total duration of this Contract, including the exercise of any options under this provision, shall not exceed five (5) years.

3. Contract Termination.

A. The contract may be terminated for cause and for convenience by the SFA. [Appendix II to 2 CFR 200(B)]

B. Either party may cancel for cause with sixty (60) days written notification.

C. Upon the service ending by either contract expiration or termination, it shall be incumbent upon the FSMC to cooperate fully with the replacement FSMC. If the SFA is returning to a self-operated food service, the FSMC shall ensure a smooth and timely transition.

D. The FSMC will purchase back unused supplies from the SFA at the termination of the Contract to prevent overbuying.

4. Cooperation with Other Contractors and Subcontractors. The FSMC shall fully cooperate with other SFA contractors, subcontractors, and assigns and shall carefully plan and perform its own work to accommodate the work of other SFA contractors.

The FSMC shall not intentionally commit or permit any act that will interfere with the performance of work by any other SFA contractors.

5. Subcontracts.

A. The FSMC may, with the approval of the USDA, enter into written subcontract(s) for performance of certain functions under the Contract. Subcontractors must be approved in writing by the USDA before the effective date of any subcontract.

B. The FSMC shall not assign and/or delegate any of the duties and/or responsibilities to process USDA Foods under this

Contract to any party, either by way of subcontract or any other arrangement, without the prior written consent of the USDA.

Before utilizing the services of any subcontractor under this Contract, the FSMC shall complete and submit to the USDA a

Subcontractor Agreement (Refer to NPA) for each proposed subcontractor. Even if a subcontract is approved, the FSMC remains responsible as prime Contractor to ensure that USDA Foods is accounted for and processed according to the terms and conditions contained in this Contract and is obligated to inform the subcontractor of these requirements.

C. The FSMC’s certificate(s) shall include all subcontractors as insureds under its policies, or the FSMC shall furnish to the

SFA separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

Financial:

6. Availability of Funds. Every payment obligation of the SFA under this Contract will be contingent upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this contract, this contract may be terminated by the SFA at the end of the period for which funds are available. No liability shall accrue to the SFA in the event this provision is exercised, and the SFA shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

7. Financing of Equipment.

A. The FSMC may finance equipment for the SFA’s Food Service Program in an amount not to exceed $5,000. The SFA will follow its usual procurement procedures for any transaction that is financed by the FSMC. The FSMC cannot be the vendor for any procurement that it finances for the SFA. The SFA shall repay any financing provided by the FSMC at the rate specified when the equipment was purchased, which sum shall be charged to the SFA as a Direct Cost to the food service program. This information must be documented on Attachment 7.4. Ownership of the equipment shall, at all times, remain with the SFA.

B. If the Contract expires or is terminated before the complete repayment of the investment, the SFA shall, on the expiration date, or within five (5) days after receipt by either party of any notice of termination under this Contract, either:

(1) Reimburse the FSMC the unpaid portion of the investment;

(2) Deliver the equipment or other items funded by the investment to the FSMC; or

(3) Lease purchase the equipment or other items funded by the investment from the FSMC and continue to pay the FSMC a monthly payment in the amount specified when the equipment was purchased until the balance of the investment is repaid.

C. In this event, the SFA’s obligation under the Lease Purchase Agreement with the FSMC shall be subject to the SFA’s ratification of the rental agreement for each ensuing fiscal year.

8. General Payment/Invoices.

Arizona Department of Education FSMC RFP Template 11.2025 - Page 12 of 79

A. No payment shall be made for meals that are spoiled or unwholesome at the time of service, do not meet specifications developed by the SFA for each food component specified in 7 CFR 210.10, or do not otherwise meet the requirements of this

Agreement. [7 CFR 210.16(c)(3)]

B. No deduction in payment shall be made by the SFA unless the SFA notifies the FSMC in writing within forty-eight (48) hours of the meal service for which the deduction is to be made, specifying the number of meals for which a deduction is to be made and describing the reasons for the deduction.

C. The FSMC’s purchases must be in compliance with the standards and specifications in the RFP. Any silence, absence, or omission from the contract specifications concerning any point must be regarded as meaning that only the best commercial practices are to prevail, and only material (food, supplies, etc.) and workmanship of a quality that would normally be specified by the SFA are to be used.

D. The FSMC shall submit a separate billing for food, supplies, and labor for special functions conducted outside of the SFA’s nonprofit food service account to prevent double billing.

E. The FSMC shall maintain records to support the SFA’s Claims for Reimbursements and shall send the billing claim information to the SFA promptly at the end of each month. Such records shall be made available to the SFA, upon request, and shall be retained in accordance with 7 CFR 210.23(c). [7 CFR 210.16(c)(1)]

F. The SFA shall pay all amounts when due, but if the SFA does not make a payment when due, no interest can be paid to the

FSMC from the Child Nutrition Program.

G. The FSMC shall provide the SFA with a year-end statement.

H. Payments shall comply with the requirements of A.R.S. §35.342, Net 30 days. Upon receipt and acceptance of goods or services, the FSMC shall submit a complete, detailed, and accurate invoice, including all rebates, credits, and discounts for payment within thirty (30) days.

I. The SFA and FSMC shall abide by the specific pricing, payment, and invoicing information for the appropriate purchasing option found in Section 6.

9. Pricing Adjustments.

A. Prices shall be firm for the term of the contract. Prices as stated must be complete for the services offered and shall include all associated costs. DO NOT include sales tax on any item in the offer.

B. The SFA will retain control for the establishment of all prices, including price adjustments, for meals served under the nonprofit school food service account, e.g., pricing for reimbursable meals in compliance with Paid Lunch Equity, a la carte service, vending machines, and adult meals.

C. The SFA and the FSMC shall work together to ensure a financially sound operation. The FSMC will provide a guarantee and must describe in detail the guaranteed conditions, forecasting of cost, and settlement of losses and/or surpluses on Attachment

7.5 of this offer.

Options include:

(1) Guaranteed No Loss: The FSMC guarantees the SFA no loss for the operation of the food service program; or

(2) Guaranteed Minimum Return: The FSMC guarantees the SFA a return of no less than a certain dollar amount for the operation of the food service program.

(a) Guaranteed conditions not clearly defined shall be the sole responsibility of the FSMC. If the contract is renewed, the guaranteed conditions shall be listed on the renewal form. The FSMC cannot recover any deficits in subsequent years if the contract is renewed. In the event the guaranteed conditions stated on Attachment 7.5 are not met, the FSMC and SFA must mutually agree upon the new guarantee minimum amount for the Contract.

D. Financial terms of the Contract are based upon existing guaranteed conditions stated on Attachment 7.5. If there is a material change in the conditions, including, without limitations, changes to the guaranteed conditions, the contract:

(1) May be terminated at the end of the current term; or

(2) Continue under the same terms as written.

Whichever is mutually agreed upon.

E. The Procurement Officer may review a fully documented request for a price increase only after the Contract has been in effect for one (1) year. Any requested increase(s) shall be based on a cost increase to the FSMC that was clearly unpredictable at

Arizona Department of Education FSMC RFP Template 11.2025 - Page 13 of 79 the time of the Offer and is directly correlated to the price of the services contractually covered. A price increase adjustment should be based on a measurable index such as the Consumer Price Index for All Urban Consumers and shall only be considered at the time of a Contract Extension (Renewal) and shall be a factor in the extension review process.

F. All written requests for price adjustments made by the FSMC shall be initiated at least ninety (90) calendar days in advance of any desired price increase. The ninety (90) calendar days advance notice is required to allow the Procurement Officer sufficient time to make a fair and equitable determination to any such request. The Procurement Officer shall determine whether the requested price increase or an alternate option is in the best interest of the SFA.

10. Prohibitions.

A. Provisions that permit all income and expenses to accrue to the FSMC and “cost-plus-a-percentage-of-cost” and “cost-plus-a-percentage-of-income” provisions are prohibited. [7 CFR 210.16(c) and 2 CFR 200.323(d)]

B. Duplicate Fees: Fee structures that permit an FSMC to bill management fees and charge the same cost as cost-reimbursable expenses are prohibited.

C. Clauses that limit the selection of vendors to only FSMC approved vendors are prohibited.

D. An acceleration clause that has a provision (multi-year) that requires full payment (e.g. program equipment purchases) if the contract is renegotiated, is prohibited.

E. Interest payments to the FSMC, however represented, including interest payments for equipment purchases, are prohibited.

F. A “guaranteed return” provision, unless the “return” remains in the nonprofit food service account, is prohibited. The “return” cannot be contingent upon multi-year contract duration.

G. Provisions that allow the FSMC to be responsible for any functions that must be retained by the SFA are prohibited.

H. Automatic renewal of the contract provisions is prohibited.

I. Provisions, which permit the FSMC to subcontract USDA Foods for further processing, are prohibited.

J. The SFA must not directly or indirectly restrict the sale or marketing of fluid milk (as identified in 7 CFR 210.10(d)(4)) at any time or in any place on school premises or at any school-sponsored event. [7 CFR 210.21(e)]

K. The solicitation and resulting contract should not include any unallowable cost items such as scholarships, gifts/gift cards, event tickets, grants, catering accounts, etc.

11. Taxes. If during the term of this Agreement any taxes are added or deleted, or there is a revision of an existing law or regulation such that the responsibility for any tax is shifted or altered, any of which results in increased or decreased costs to the

FSMC, then the financial terms of this Agreement shall be adjusted to reflect the change in cost retroactive to the commencement of the change. The obligations described in this paragraph shall survive any termination of this Agreement, and will continue until the applicable statute of limitations, including legal extensions, has expired. The SFA and the FSMC shall agree to remain responsible for any liability or assessment, including related interest and penalties, resulting from a tax responsibility of that party, and reasonable collection expense, attorney’s fees, and costs incurred in connection with the collection of any such amount from that party.

Program:

12. Administrative Review (AR). The FSMC shall meet all Administrative Review (AR) requirements. The Administrative

Review (AR) is a comprehensive evaluation of school meals programs by the Arizona Department of Education (ADE) of SFAs participating in the NSLP and SBP, and includes both Critical and General Areas of Review to assess compliance with regulations and policies applicable to these programs. The FSMC shall provide accurate Administrative Review (AR) information to the SFA and the ADE and ensure that the meal pattern is executed per the regulations.

13. A La Carte Food Service. The FSMC may not operate an a la carte food service unless the FSMC agrees to offer free, reduced-price, and paid reimbursable lunches to all eligible children. [7 CFR 210.16(a)]

14. Compliance with Program Regulations. The FSMC will conduct program operations in accordance with 7 CFR Parts 210, 215, 220, 225, 226, as applicable; 245, 250; and FNS instructions and policies, as applicable.

Arizona Department of Education FSMC RFP Template 11.2025 - Page 14 of 79

15. Fresh Fruit and Vegetable Program (FFVP). In the event the FSMC provides management services for the Fresh Fruit and

Vegetable Program (FFVP) at any of SFA’s Food Service Locations, the SFA and the FSMC agree to operate the FFVP in accordance with the requirements of Section 19 of the Richard B. Russell National School Lunch Act, all applicable regulations and policies, and the FFVP Handbook for Schools. The SFA and the FSMC further agree that not more than 10% of the total funds awarded to the school and/or schools for operation of the FFVP may be used for administrative expenses.

16. Location of Records.

A. All FSMC records pertaining to the SFA should be maintained at the SFA property. The SFA must adhere to the recordkeeping requirements found at 7 CFR 210.15.

B. The books and records of the FSMC pertaining to operations under this Agreement shall be available to the SFA at any reasonable time. [7 CFR 210.16(c)(1)] These records are subject to inspection or audit by representatives of the SFA, State

Agency, the US Department of Agriculture, and the US General Accounting Office at any reasonable time and place. The

FSMC shall maintain such records for a period of not less than five (5) years after the final day of the contract, or longer if required for audit resolution (A.R.S §35-214).

(1) If the SFA participates in a provision program, the records must be maintained for five (5) years past the end of the provision cycle.

C. The FSMC shall not remove federally required records from the SFA’s premises upon the expiration or termination of this

Contract.

17. Local Wellness Policy- Child Nutrition WIC Reauthorization Act of 2004 and Healthy, Hunger-Free Kids Act of 2010.

The FSMC will ensure compliance with Federal legislation requiring every SFA participating in the NSLP, SBP, or SMP to develop, implement, and assess a local wellness policy. Public Law 108-265, Section 204 (2004) and Public Law 111-296, Section

204 (2010).

18. Meal Accommodations.

A. The SFA is required, based on Federal law and USDA regulations, to make reasonable modifications to accommodate children with disabilities. Modifications would include providing special meals, at no extra charge, to children with a disability when the disability restricts the child’s diet. Modification requests shall be supported by a written statement from a State licensed healthcare professional. [SP 59-2016 and SP 26-2017]

B. The SFA and the FSMC shall work together to implement procedures for parents or guardians to request modifications to meal service for children with disabilities and to resolve grievances. [7 CFR 15b.25/7 CFR 15b.6(b)]

19. Meal Charge Policy. USDA Memo SP 23-2017.

A. All SFAs operating the Federal school meal programs are required to have in place a written and clearly communicated system to address meal charges. The policy, or standard practice, must consist of a written document explaining how the SFA will handle situations where children eligible to receive reduced or paid meals do not have money in their account or in hand to cover the cost of their meal at the time of service. The policy or standard practice must be implemented throughout the SFA.

B. SFAs must ensure the policy is provided in writing to all households at the start of each school year and to households transferring to the school or district during the school year. The policy must also be provided to all SFA staff responsible for collecting payments for meals at the point of service, staff involved in notifying families of low or negative balances, and staff involved in enforcing any other aspects of the meal charge policy.

20. NSLP and SBP Nutrition Standards. The FSMC shall provide meals that meet the Public Law 111-296, the Healthy, Hunger-Free Kids Act of 2010 (HHFKA). The FSMC must follow a Food-Based Menu Planning (FBMP) meal pattern as described in 7 CFR 210.10 for NSLP/ASCS and 7 CFR 220.8 for SBP. The meal shall include the following components: fruits, vegetables, grains, meat/meat alternates, and fluid milk. The FSMC shall meet grade level caloric, sodium, saturated fat, and trans-fat requirements.

21. Procurement Review. The FSMC shall provide accurate Procurement Review information to the SFA and the ADE to ensure that the contract is being executed per the regulations.

22. Professional Standards.

A. The FSMC will ensure compliance with Federal legislation requiring all school nutrition professionals who manage and

Arizona Department of Education FSMC RFP Template 11.2025 - Page 15 of 79 operate the NSLP and SBP to have adequate knowledge and training to meet Professional Standards requirements in

7 CFR 210.30.

B. The FSMC must provide the SFA with documentation to show compliance with the annual training standards set forth in

7 CFR 210.30(e).

C. The FSMC Food Service Director and the individual of the SFA overseeing the food service activities are both responsible for meeting the hiring and training standards for Program Directors.

23. Program Conformance. The FSMC shall ensure that the food service operation is in conformance with the SFA’s Agreement under the program. [7 CFR 210.16(a)(2)]

General Terms:

24. Affordable Care Act. The FSMC understands and agrees that it shall be solely responsible for compliance with the patient

Protection and Affordable Care Act, Public Law 111-148, and the Health Care and Education Reconciliation Act, Public Law 111-

152 (collectively the Affordable Care Act “ACA”). The FSMC shall bear sole responsibility for providing health care benefits for its employees who provide services to the SFA as required by State or Federal law.

25. Authority. The SFA is the responsible authority without recourse to USDA or ADE for the settlement and satisfaction of all contractual and administrative issues arising in any way from this Contract. Such authority includes, but is not limited to, source evaluation, protests, disputes, claims, or other matters of a contractual nature. [7 CFR 225.6(g)(2)(ix)]

26. Byrd Anti-Lobbying Amendment. Pursuant to 31 USC 1352, the FSMC must submit a Certification Regarding Lobbying and Disclosure of Lobbying Activities which conforms in substance with the language provided in Appendix II to 2 CFR 200(I).

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by Section 1352, Title

31, and U.S. Code. No appropriated funds may be expended by the recipient of a Federal contract, Grant, loan, or cooperative

Agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions. Pursuant to 31 USC 1352, the FSMC must disclose lobbying activities in connection with school nutrition programs. If there are material changes after the initial filing, updated reports must be submitted on a quarterly basis. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. [Appendix II to 2 CFR 200(I)] A new certification is required for each renewal period – Complete

Attachment 7.17 pages 1 and 3 (Certification Regarding Lobbying and Disclosure of Lobbying Activities)

27. Certificate of Independent Price Determination.

A. The FSMC admits that all prices in this Offer have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor certification regarding non-collusion. A new certification is required for each renewal period – Complete

Attachment 7.18. (Certificate of Independent Price Determination)

B. By submission of this offer, the Offeror certifies, and in the case of a joint Offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(1) 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 before opening in the case of an advertised procurement, or before award in the case of a negotiated procurement, directly or indirectly to any other Offeror or to any competitor; and

(2) No attempt has been made or will be made by the Offeror to induce any person or firm…