11-828-25-26 ATTACHMENT A - SPECIAL INSTRUCTIONS.pdf

Elk Grove Unified School District Bid #828-25/26 Attachment A – Special Instructions & Conditions Page 1 of 6

ELK GROVE UNIFIED SCHOOL DISTRICT

FOOD & NUTRITION SERVICES

BID #828-25/26

FOOD PRODUCTS & COMMODITY PROCESSED POTATOES

ATTACHMENT A

SPECIAL INSTRUCTIONS AND CONDITIONS

1. The District participates in the National School Lunch Program, School Breakfast Program, and the Child and Adult Care Food Program. The district is required to ensure that food purchased for use in school meals meets the requirements of the Buy American Provision, which requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products. (7 CFR Part 210.21)

a. A domestic commodity or product is defined as an agricultural commodity that is produced in the United States and a food product that is processed in the United States substantially using agricultural commodities produced in the United States.

b. “Substantially” means over 51% from American products. Therefore, over 51% of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically.

2. CA Senate Bill 490 states that effective January 1, 2024 through January 1, 2029, local educational agencies (LEAs) who operate School Nutrition Programs and receive more than $1,000,000 in annual federal meal reimbursement (which includes the National School Lunch Program, School Breakfast Program, and After School Snack Program), must specify in their solicitation for bids and contracts that they will only purchase agricultural food products grown, packed, or processed domestically unless any of the following applies:

a. The bid or price of the nondomestic agricultural food product is more than 25 percent lower than the bid or price of the domestic agricultural food product.

b. The quality of the domestic agricultural food product is inferior to the quality of the agricultural food product grown, packed, or produced non-domestically.

c. The agricultural food product is not produced or manufactured domestically in sufficient and reasonably available quantities of a satisfactory quality to meet the needs of the public institution.

d. This pertains to any “Agricultural food product,” meaning a fresh or processed product, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, grains, livestock meats, poultry meats, and fish, including shellfish.

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3. CA Assembly Bill 778 states that school districts must accept the bid or price of a California-grown agricultural product if the price does not exceed more than 5 percent of the lowest bid, or an agricultural product produced outside of the state. In addition, LEAs are to accept a bid or price for that agricultural food product when it is grown in California before accepting a bid or price for a domestic agricultural food product that is grown outside the state, when both of the following are met:

a. The bid or price of the California-grown agricultural food product does not exceed the lowest bid or price for a domestic agricultural food product produced outside the state.

b. The quality of the California-grown agricultural food product is comparable to that of domestic agricultural food products produced outside the state.

4. DISTRIBUTORS MUST SUBMIT

• PRODUCT SPECIFICATION SHEETS AND/OR CN LABELS

• PRODUCT FORMULATION STATEMENT (PFS) (If Applicable)

• PRODUCT ORIGIN (If not stated in the Product Specification Sheet)

• PROOF OF ORIGIN CALIFORNIA GROWN ONLY – Supporting documents must show Product of California to be considered.

• BUY AMERICAN – If Applicable

FAILURE TO PROVIDE THIS INFORMATION WILL CAUSE YOUR LINE ITEM TO BE DEEMED

INCOMPLETE AND UNRESPONSIVE.

PRODUCT SPECIFICATION SHEET

• Product name, code number, manufacturer;

• The type & weight of meat/meat alternate;

• Pertinent information on alternate protein product, if used;

• Type & weight of cooked grain product or ingredient;

• Signature of company representative;

• Date signed.

CHILD NUTRITION (CN) LABEL

• A voluntary federal labeling program that provides a warranty for CN-labeled products;

• The contribution to the meal pattern is on the label in a special format.

• Carries the CN logo with the contribution;

• States the month and year of approval;

• USDA FNS assigns the product identification number;

PRODUCT FORMULATION STATEMENT (PFS)

• A document that explains how a product contributes to the USDA's meal patterns for child nutrition programs, provided by manufacturers for processed products that don't have a Child Nutrition (CN) label;

• A detailed description of the product's ingredients, amounts of each ingredient by weight, product's serving size, and meal contribution per serving;

• Math calculations showing how the manufacturer determined the meal pattern contribution, crediting statement, the product's name, and code number.

Attachment A – Special Instructions & Conditions Page 3 of 6

5. All refrigerated foods must be stored between 32-40° and be delivered in a refrigerated vehicle at or below 40° F. Frozen foods must be delivered in a vehicle that has a freezer and received in a frozen state. All goods must be delivered in good condition.

6. Shipments must be made on 40” x 48” four-way pallets with products on individual pallets. Pallets to be grouped and separated by dry, frozen, and refrigerated products. If pallets are not grouped by product, it will be the drivers’ responsibility to separate on individual pallets. All drop shipments must reference the Elk Grove Unified School District (EGUSD) order-specific purchase order and must be made by appointment. Appointments are to be made forty-eight (48) hours prior to delivery and with warehouse staff only.

Shipments will be delivered to:

Elk Grove Unified School District

Food & Nutrition Services - Central Kitchen 8389 Gerber Road

Sacramento, CA 95828

(916) 688-7735 ext. 78111

Delivery Time 5:30 am – 2:00 pm

7. Due to potential safety hazards, any order that arrives on a damaged pallet or that requires re-stacking, the invoice accompanying the order will be short paid $25.00.

8. Products will be ordered on an “as-needed” basis. Quantities listed on the bid are estimates only and are subject to change. Orders requiring minimum amounts of product per shipment may affect bid awards.

9. Distributor must state minimum shipments if minimums are required on the signature page as indicated.

10. The District reserves the right to cancel immediately any awarded contract for any reason determined by the District to be detrimental to the health and welfare of the students and school personnel, or that seriously affects the quality of the service. The District will hold the Distributor in default if he/she has caused such a condition to arise.

11. The District reserves the right to add or delete related items from the contract at any time during the period of the contract.

Contract will remain valid from July 1, 2026, to June 30, 2027.

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12. Special attention is called to the requirement to quote brand names of all products listed in the bid.

The successful distributor agrees to supply the named accepted product during the duration of the contract. No other brand name may be substituted or supplied without written authorization from the Director of Food and Nutrition Services. Specifications are minimum requirements that should be met or exceeded. Distributors may propose any product equal to that specified. Certain specifications set forth herein for the purpose of establishing standards are not intended to preclude any distributor from providing a quote who can meet these specifications and requirements. Product specifications are based on products and pack sizes currently in use.

Alternate pack sizes may be accepted when the pack size specified is not available. Some specific brands and specifications have been established by the Food and Nutrition Services department based on the department's research and expertise, popularity of the food item, and/or brand name recognition; therefore, alternates may not be considered in circumstances where the menu, recipes, or sales may be affected. If alternate products of equal value are quoted, the distributor must provide specification sheets that include the manufacturer’s code number and pack information.

The distributor must furnish samples at no charge to the District within two weeks of the request to the address listed for deliveries.

13. All invoices for purchases made by the EGUSD Food and Nutrition Services department will be sent to 8389 Gerber Road, Sacramento, CA 95828. Each invoice must contain the purchase order number given at the time the order was placed and must be signed by the District’s authorized agent.

14. Upon request, the distributor must be able to furnish monthly or quarterly usage reports.

15. If at any time during the life of this agreement the successful distributor can show proof positive that an increase in price has been incurred for the commodity quoted, the EGUSD Food and Nutrition Services department shall permit the price of the commodity to be raised accordingly, ninety (90) days after the bid has been awarded.

16. EGUSD will not consider any price increase that is not in writing and received by either US mail or e-mail to the FNS Buyer “Rayna Stewart”. All price increases require 30 days’ notice.

17. Failure to comply with any of the above requirements will be sufficient cause for cancellation of the contract.

18. It is assumed by the EGUSD Food and Nutrition Services department that all items quoted are stocked at the distributor’s facility unless noted on the bid. Any item that is brought in and stocked for the SOLE use of the EGUSD Food and Nutrition Services department must be brought to the buyer’s attention at the time the nutritional information is being submitted. The distributor must notify the buyer of the Food & Nutrition Services department in writing on or before Friday, May 7th, 2027, if they anticipate having any surplus product that will need to be purchased prior to the contract expiration. The Food & Nutrition Services buyer will make all attempts to take possession of the excess inventory ONLY if the buyer is notified in writing and the inventory was brought in and stocked per the request of the school district.

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19. Should a distributor receive an award on an item that was not identified as “special order” or becomes a “special order,” the EGUSD will have the option of re-awarding the item to the next low bidder that stocks the product. Should it be determined that a special-order item is taking more than three weeks to fill, the EGUSD will have the option of pulling the item from the vendor and awarding it to the next low distributor.

20. All items shipped in error (mis-picks) must be picked up within 2-weeks of their delivery date to the District, or they will become the property of the EGUSD at no charge to the District.

21. In the event of a tie, the EGUSD will award the line item to the distributor that stocks the product. In the event of a tie and both distributors stock the items, the successful distributor shall be randomly selected through a drawing.

22. All correspondences after the bid opening should be directed to Rayna Stewart, the Food &

Nutrition Services buyer. Rayna can be reached by e-mail: rstewart@egusd.net, by phone 916/686- 7735 ext. 78085, or by mail: 8389 Gerber Road, Sacramento, CA 95828.

23. The District expects to receive the product quoted by the distributor on the District's formal bid, not on a distributor attachment. If the nutritional information submitted by the Distributor does not match the bid item quoted, the award for that line will go to the next low-qualified distributor.

24. The District will not pay any fees associated with pallets not being returned.

25. The District will not pay fuel surcharges.

26. Primary factors used to decide the award hereunder will be price, quality, availability, and responsiveness. Other factors that may be used in the evaluation of this bid will be (A) the meal pattern of the product, (B) the respondent's past performance, and (C) student preference. EGUSD has sole discretion in determining testing and evaluation methods.

mailto:rstewart@egusd.net

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INSTRUCTIONS FOR COMPLETING THE BID

Please initial each paragraph and return with your bid.

I understand that the note section should be used to indicate if the item I am bidding is a special order, requires a minimum purchase, is a market item, or is an alternate to what was listed. I understand that all items will be expected to be stocked and available for delivery on the next delivered order unless they are noted as a special order.

Li ne # Description Bidder Item # Pack Size Brand Item Description Mfg Name Mfg UPC Bid Price Unit Price Unit Extended Price

Notes/Stocked or Special Order?

Origin

965 Cases 908304 300 Slice Armour Bacon pre-cooked Armour 45300 $31.13 0.10$ Slice 30,040.45$ Stocked

Quantity

EXAMPLE

Initial

I understand that my bid needs to include the unit price for the unit that is listed on the form. For example, if an ounce price is requested, I will not list a pound price.

Li ne # Description Bidder Item # Pack Size Brand Item Description Mfg Name Mfg UPC Bid Price Unit Price Unit Extended Price

Notes/Stocked or Special Order?

Origin

965 Cases 908304 300 Slice Armour Bacon pre-cooked Armour 45300 $31.13 0.10$ Slice 30,040.45$ Stocked

I understand that I need to note in the origin column the origin of all” domestic commodities or food products “quoted. Section 12(n) of the Richard B. Russell National School Lunch Act (NSLA) defines “domestic commodities or product” as one that is produced and processed in the United States substantially using agricultural commodities that are produced in the United States. I will also note, in the same column, any product that is grown/produced and packaged in California. Supporting documentation will be included for each item listed as CALIFORNIA GROWN AND DOMESTIC ORIGIN ONLY lines at the time of bid opening.

Li ne # Description Bidder Item # Pack Size Brand Item Description Mfg Name Mfg UPC Bid Price Unit Price Unit Extended Price

Notes/Stocked or Special Order?

Origin

965 Cases 908304 300 Slice Armour Bacon pre-cooked Armour 45300 $31.13 0.10$ Slice 30,040.45$ Stocked

Bidders Name:___________________________________________________________________________

Bidders Company: ________________________________________________________________________

Date: ___________________________________________________________________________________