1-WCSD Bid Terms and Conditions 06.01.26.pdf

WASHINGTON COUNTY SCHOOL DISTRICT

Invitationfor Bid (IFB)

IFB SY -2026-27

Commercial Items Bid 26/27 IFB - CN 2026-27 Commercial Food Bid

For the National School Lunch Program (NSLP) and School Breakfast Program (SBP)

Issue Date:June 1, 2026, 12:00 AM MDT

Proposal Due Date:June 15, 2026, 12:00 AM MDT

Submit Proposals To: BONFIRE

Late proposals will not be accepted.

Faxed or emailed submissions will not be considered.

TERMSANDCONDITIONS

1.0PurposeoftheBid 2.0DescriptionofGoods 3.0ContractTerm 4.0CoreDeliveryRequirements 5.0MandatoryProductSubstitution&OutagePolicy 6.0Mispicked,Mislabeled,orIncorrectDeliveriesPolicy 7.0RemediesforNon-Performance&EmergencyProcurement 8.0FoodSafety&RecallRequirements 9.0Pricing,FinancialControls,andInvoicing 10.0RecordRetentionandAccess 11.0FederalRegulations 12.02CFR200AppendixIIMandatedClauses 13.0BuyAmericanProvisionCompliance 14.0StateRegulation&IngredientRestraints 15.0LegalandLiabilityProvisions RequiredCertifications(AttachwithProposal)

SIGNATUREPAGE

EVALUATIONCRITERIA

AttachedDeliveryLocations:

TERMS AND CONDITIONS

1.0 Purpose of the Bid

● 1.1The purpose of this Invitation for Proposal (IFP)is to solicit competitive bids from qualified vendors for the purchase and delivery of fresh, frozen, and dry packed foods and various commercial kitchen goods and supplies to support the Washington County School District’s Child Nutrition Programs, including the National School Lunch Program (NSLP) and School Breakfast Program (SBP), for the 2026–2027 school year.

● 1.2This bid seeks to establish a contract with areliable supplier that can provide high-quality, fresh, and safe produce on a weekly basis to approximately thirty-six

(36) school sites throughout the District. All produce must meet USDA and FDA food safety standards and comply with applicable federal procurement regulations, including the Buy American provision.

● 1.3The awarded vendor must demonstrate the abilityto deliver consistent, timely service; maintain product integrity; and work collaboratively with the District to meet student nutrition goals and regulatory requirements.

2.0 Description of Goods

● 2.1Washington County School District is requestingproposals for the weekly supply and delivery of high-quality food products and goods to support the operation of federally funded Child Nutrition Programs. All products provided under this contract must:

○ Meet strict nutrition standards, safety regulations, and "whole grain-rich" criteria for the USDA National School Lunch Program (NSLP).

○ Be free from spoilage, bruising, decay, or any indication of poor quality.

○ Be delivered in clean, refrigerated vehicles (where applicable) and stored/handled under sanitary conditions.

○ Meet USDA and FDA food safety and labeling requirements.

○ Comply with the USDA Buy American provision.

● 2.2Quantities will vary based on school enrollment,menu cycles, and seasonal availability. A detailed list of core produce items with estimated usage will be included in the Bid Table Form.

● 2.3The awarded vendor must provide Product FormulationStatements (PFS), CN Labels, or ingredient statements to verify compliance with Utah HB 402 chemical and dye restrictions.

3.0 Contract Term

● 3.1The contract shall begin upon formal WCSD ChildNutrition approval and continue through June 30, 2027.

● 3.2The District reserves the right to renew thiscontract annually for up to four (4) additional years, not to exceed five (5) years total, contingent upon vendor performance and mutual written agreement.

4.0 Core Delivery Requirements

● 4.1 Weekly Logistics:Deliveries must be made weekly to thirty-six (36) individual locations, according to a schedule provided by the District. (Site delivery information is attached).

● 4.2 Delivery Windows & Safety:Deliveries to schoolsmust occur prior to 7:00 AM or after 4:00 PM. Any exceptional or unexpected deliveries between 7:00 AM and 4:00 PM must be made through the school's front door. No deliveries directly to the kitchen may take place during school hours or when children are on the playground for student safety reasons.

● 4.3 Receiving Hours:All deliveries must arrive duringdesignated receiving hours. Missed or late deliveries may result in a performance review.

● 4.4 Cold Chain Integrity:Products must be deliveredin clean, refrigerated vehicles, where applicable, that maintain safe temperatures and comply with USDA and FDA food safety standards.

● 4.5 Packaging Quality:All packaging must be intact,clean, and free from visible damage or contamination.

5.0 Mandatory Product Substitution & Outage Policy

● 5.1 Prior Written Approval:Unapproved or "blind"substitutions are strictly prohibited. The distributor shall not deliver any substitute product without the prior written or electronic approval of the WCSD Child Nutrition Director or designated representative. WCSD Child Nutrition reserves the right to accept or reject any proposed substitute on an item-by-item basis.

● 5.2 Mandatory 48-Hour Notification:The distributormust notify WCSD Child Nutrition of an anticipated product shortage and propose a substitute item at least forty-eight (48) hours prior to the scheduled delivery window. The vendor shall promptly notify the District of any anticipated delivery issues or product availability concerns.

● 5.3 No Straight Outages Allowed:Complete productoutages without an offered substitution constitute a breach of contract performance metrics. The distributor must actively source and present a viable alternative for any shorted item.

● 5.4 Required Documentation Package:No substitutionwill be approved without the distributor emailing the following documentation to WCSD Child Nutrition at the time of the request:

○ 5.4.1A Child Nutrition (CN) Label or Product FormulationStatement (PFS) proving equivalent meal pattern crediting.

○ 5.4.2An updated allergen and ingredient statementcomplying with USDA standards and Utah HB 402 chemical/synthetic dye restrictions.

○ 5.4.3A completed Buy American Exception Form if theproposed substitute is a non-domestic item.

● 5.5 Pricing Protections ("Lesser of the Two Costs"):Approved substitute products must be billed to the District at the lower of the two prices: either the original contracted bid price or the distributor's current price for the substitute item. If the substitute costs more than the contracted item, the distributor must absorb the cost difference. Substitutions must be explicitly flagged and clearly noted on both the delivery ticket and the final invoice.

● 5.6 Right of Refusal at the Dock:Any unapproved substitution,or any substitute delivered without prior written authorization, will be rejected at the time of delivery at the distributor’s sole expense. The distributor will be responsible for pulling the product back and issuing a corrected credit memo within fourteen (14) days.

6.0 Mispicked, Mislabeled, or Incorrect Deliveries Policy

● 6.1 Immediate Dock Rejection:WCSD Child Nutritionstaff reserves the right to inspect all items at the time of delivery. Any mispicked, mislabeled, or incorrect products that do not match the District’s original order or velocity guide will be rejected immediately at the kitchen dock at the vendor's expense.

● 6.2 Latent Mispicks (Post-Delivery Discovery):Ifa mispicked item is accepted by staff during a hectic delivery window but discovered later during inventory or meal prep, the vendor remains fully responsible. Upon electronic notification from WCSD CN, the vendor must pick up the incorrect item on the next scheduled delivery day (or sooner).

● 6.3 Mandatory Replacement Timeline:If a mispickeditem results in a product shortage that threatens a school's daily menu compliance, the vendor must hot-shot/redeliver the correct contracted item within twenty-four (24) hours of notification, at no additional delivery charge to the District.

● 6.4 Credit Memo Enforcement:For any rejected or returnedmispicked items, the vendor must issue a formal credit memo to WCSD CN within fourteen (14) days of the original invoice date, aligning with the District's standard credit terms.

No payments will be processed for incorrect items.

7.0 Remedies for Non-Performance & Emergency Procurement

● 7.1 Default Threshold:If the awarded vendor failsto deliver a contracted product and fails to provide a pre-approved, nutritionally compliant substitute within the mandatory 48-hour notification window, the vendor shall be considered in default for that item.

● 7.2 Emergency Open-Market Sourcing:WCSD CN reservesthe right to engage in emergency procurement to purchase shorted contract items from an alternative commercial source.

● 7.3 Vendor Financial Liability:The awarded vendorshall be liable for, and will be billed for, the entire cost difference between the original contract bid price and the emergency market price paid by the District, including any additional shipping or procurement labor costs. WCSD may deduct these expenses from any unpaid invoices due to the vendor.

8.0 Food Safety & Recall Requirements

Vendors must maintain and implement:

● 8.1A documented Recall Plan

● 8.2A written HACCP food safety plan

● 8.3A Bioterrorism Preparedness and Response Plan

9.0 Pricing, Financial Controls, and Invoicing

● 9.1 Firm-Fixed Pricing:All prices submitted in thebid response must remain firm-fixed for the entire duration of the contract term (July 1, 2026, through June 30, 2027). Mid-year price increases, fuel surcharges, or supply chain adjustments will not be accepted or considered.

● 9.2 Price Adjustments Upon Renewal Only:Price adjustmentswill only be considered at the annual contract renewal window (prior to June 30th of each contract year). Any requested increase upon renewal must be submitted in writing 60 days prior to the contract expiration date, must be mutually agreed upon, and shall not exceed the percentage change of the Consumer Price Index (CPI) for Food Away From Home. The District reserves the right to reject any renewal price increases and re-bid the contract.

● 9.3 Invoice Accuracy Requirements:Each delivery mustbe accompanied by an itemized invoice that includes:

○ School name and delivery address

○ Vendor name and contact information

○ Delivery date

○ Product names, quantities, unit prices, and extended totals

● 9.4 Disputed/Incomplete Invoices:Invoices with errorsor missing information may be returned for correction and will delay payment processing.

● 9.5 Credit Term Limits:Credits on invoices are dueto WCSD CN within 14 days of the original invoice date.

10.0 Record Retention and Access

● 10.1The vendor agrees to retain all financial andprogrammatic records, books, and supporting documents related to this contract for 3 years plus the current year after final payment. These records shall be made available upon request to Washington County School District, the Utah State Board of Education (USBE), the United States Department of Agriculture (USDA), or any other entity authorized by law for audit, monitoring, or evaluation purposes.

11.0 Federal Regulations

● 11.1 Standard Regulatory Adherence:Vendors shalladhere to all federal, state, and local laws and regulations applicable to the Child Nutrition Programs, including but not limited to USDA regulations (7 CFR 210, 220, 225, and 250), 2 CFR Part 200 (Uniform Grant Guidance and Appendix II), Executive Orders 11246 and 11375 (EEO), Executive Orders 12549 and 12689 (Debarment/Suspension), Civil Rights requirements (Title VI, Title IX, Section 504, ADA), the Clean Air Act, and the Federal Water Pollution Control Act.

12.0 2 CFR 200 Appendix II Mandated Clauses

● 12.1 Termination for Cause or Convenience:This agreementmay be terminated for cause if the vendor fails to meet terms or deadlines, or for convenience by the District with a 30-day written notice. Liability is limited to accepted deliveries made before termination.

● 12.2 Debarment and Suspension:Vendors must certifythat they are not debarred, suspended, or otherwise excluded from federal awards. Certification must be submitted with the proposal.

● 12.3 Anti-Lobbying Compliance:Contracts of $100,000or more require certification of compliance with the Byrd Anti-Lobbying Amendment and disclosure of any lobbying activities (Form SF-LLL, if applicable).

● 12.4 Equal Employment Opportunity:Vendors must complywith Executive Order 11246 and 41 CFR Part 60. No discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin.

● 12.5 Clean Air and Water Acts:Required for contractsexceeding $150,000.

Any violation must be reported to the USDA and the EPA.

● 12.6 Contract Work Hours and Safety Standards:Contractsover $100,000 must comply with 40 U.S.C. § 3701–3708, ensuring overtime pay for hours exceeding 40 per week.

● 12.7 Procurement of Recovered Materials:Not applicableto food procurement.

● 12.8 Small and Minority-Owned Business Participation:In accordance with 2 CFR 200.321, vendors are encouraged to utilize small, minority, women-owned, and labor surplus area businesses.

13.0 Buy American Provision Compliance

● 13.1 Domestic Requirement:Per 7 CFR 210.21(d), onlydomestic agricultural products shall be used to the maximum extent practicable. A domestic product is defined as one grown and processed in the U.S. using at least 51% U.S.

agricultural commodities.

● 13.2 Exception Requests:Requests for exceptions mustinclude product name, justification for use of a non-domestic product, price and availability comparisons, documentation of sourcing efforts, and the percentage of total food purchases represented by the non-domestic item.

○ 13.3 Phased Cap Compliance Rates:

■ 2025–2027: ≤ 10% non-domestic

■ 2028–2030: ≤ 8%

■ 2031–2032: ≤ 5%

14.0 State Regulation & Ingredient Restraints

● 14.1 Utah HB 402 Compliance:Effective for the 2026-2027school year, Utah HB 402 bans specific synthetic dyes (Blue 1, Blue 2, Green 3, Red 3, Red 40, Yellow 5, Yellow 6) and chemicals (potassium bromate, propylparaben, titanium dioxide) from foods served by public schools. The vendor agrees that any item or approved substitute found containing these restricted ingredients will be rejected and removed from service immediately.

15.0 Legal and Liability Provisions

● 15.1 Indemnification:The vendor shall indemnify andhold harmless Washington County School District, its employees, and agents from all liabilities or claims arising out of the vendor’s performance under this contract.

● 15.2 Assignment and Subcontracting:No part of thiscontract may be assigned or subcontracted without prior written consent from the District.

Required Certifications (Attach with Proposal)

1. Certification Regarding Debarment and Suspension

2. Anti-Lobbying Certification

3. Disclosure of Lobbying Activities (if applicable)

SIGNATURE PAGE

By signing below, the vendor certifies that all information contained in this proposal is accurate and complete. The vendor agrees to comply with all specifications, terms, conditions, sections, and applicable federal and state regulations as outlined in this Invitation for Proposal.

Vendor Name: __________________________________________

Mailing Address: ________________________________________

Phone Number: _________________________________________

Email Address: __________________________________________

Authorized Representative: ________________________________

Title: __________________________________________________

Signature: ______________________________________________

Date: __________________________

EVALUATION CRITERIA

All proposals will be evaluated based on the following criteria. Awards will be made to the most responsive and responsible vendor whose offer provides the best value to the District, as determined by the total weighted score.The District reserves the right to reject any or all proposals, waive any irregularities, and accept the proposal deemed most advantageous.

● Price (40%):Price points will be calculated basedon the following formula:

Lowest Total Price ÷ Vendor’s Total Price × 40 = Price Score. The vendor offering the lowest overall extended price will receive the full 40 points. Other vendors will receive proportionally fewer points based on this formula.

● Product Quality and Freshness (20%):Vendors shoulddescribe their produce quality-control standards, grading (e.g., U.S. No. 1), handling procedures, and how they ensure product freshness throughout the delivery process.

● Delivery Capability and Schedule (15%):Vendors mustdescribe their distribution network, delivery schedule, ability to meet weekly deliveries to thirty-six (36) school sites, and flexibility in adjusting to school-specific delivery constraints. Include: vehicle counts/refrigeration standards, personnel training, and contingency plans for missed or delayed deliveries.

● Vendor Location, References, and Past Performance (10%):Vendors must provide at least three (3) current or recent institutional references. Local Markets:

Criteria Weight

Price 40%

Product Quality and Freshness 20%

Delivery Capability and Schedule 15%

Vendor References and Past Performance

10%

Compliance with Bid Requirements 10%

Responsiveness to Buy American Provision

5%

Total 100%

Local sources are preferred and should be suggested whenever possible.

Preference may be given to vendors with a local distribution center.

● Compliance with Bid Requirements (10%):Evaluationof complete documentation submissions, certifications, and explicit written acknowledgment of the sectioned policies (including Section 5.0 Substitution rules and Section 6.0 Mispick parameters).

● Responsiveness to Buy American Provision (5%):Vendorsmust describe how they comply with the USDA Buy American provision (7 CFR 210.21(d)), including exception routing workflows and current non-domestic purchase metrics.

Attached Delivery Locations:

Delivery Sites:

Arrowhead Elementary 545 Arrowhead Trail, Santa Clara, UT 84765

Bloomington Elementary 425 Man O War Rd, St. George, UT 84790

Career Tech High 1001 E White Dome Dr, St George, UT 84790

Coral Canyon Elementary 3435 E Canyon Crest Ave, Washington, UT 84780

Crimson Cliffs Middle 4280 S Crimson Way, Washington, UT 84780

Crimson View Elementary 2835 E 2000 S, St. George, UT 84790

Desert Canyons Elementary 3101 Rimrunner Dr, St George, UT 84790

Desert Hills Middle 936 East Desert Hills Dr E, St. George, UT 84790

Dixie High 350 E 700 S, St. George, UT 84770

Dixie Intermediate 1210 W Curly Hollow Dr, St. George, UT 84770

Dixie Middle 929 S 100 E, St. George, UT 84770

Enterprise Elementary 216 S. 100 E., Enterprise, UT 84725

Enterprise High School 565 S. 200 E., Enterprise, UT 84725

Heritage Elementary 747 E Riverside Dr, St. George, UT 84790

Horizon Elementary 1970 Arabian Way E, Washington, UT 84780

Hurricane Elementary 948 325 N, Hurricane, UT 84737

Hurricane High 345 Tiger Blvd, Hurricane, UT 84737

Hurricane Intermediate 1325 S 700 W, Hurricane, UT 84737

Hurricane Middle 395 N 200 W, Hurricane, UT 84737

Lava Ridge Intermediate 2425 Rachel Dr, Santa Clara, UT 84765

Legacy Elementary 280 E 100 S, St. George, UT 84770

Little Valley Elementary 2330 Horseman Park Dr, St. George, UT 84790

Majestic Elementary 675 Majestic Dr, Washington, UT 84780

Pine View Intermediate 383 S Mall Dr, St. George, UT 84790

Pine View Middle 2145 E 130 N, St. George, UT 84790

Riverside Elementary 2500 Harvest Ln, Washington, UT 84780

Santa Clara Elementary 2950 W. Crestview Dr, Santa Clara, UT 84765

Snow Canyon Middle 1215 Lava Flow Dr, St. George, UT 84770

South Mesa Elementary 2969 S 3300 E, St. George, UT 84790

Sunrise Ridge Intermediate 3167 S 2350 E, St. George, UT 84790

Sunset Elementary 495 Westridge Dr, St. George, UT 84770

Three Falls Elementary 789 S 700 W, Hurricane, UT 84737

Washington Elementary 300 N 300 E, Washington, UT 84780

Washington Fields Intermediate 322 W 3090 S, Washington, UT 84780

Water Canyon Elementary 250 E. Newel Ave, Hildale, UT 84784

Warehouse - Child Nutrition 811 E Brigham Rd, Building B, St George, Utah 84790