4-Final Copy of Vanguard Lunch Program RFP 2026.docx (1).pdf

ANNOUNCEMENT

Vanguard Academy 2650 S Decker Lake Ln

West Valley City, UT 84119

NOTICE OF

REQUEST FOR PROPOSAL

TO

PROVIDE FOOD SERVICE MEALS, SNACK, MILK

FOR FEDERAL CHILD NUTRITION PROGRAMS (CNP)

Vanguard Academy invites written proposals from qualified companies who wish to provide nutritious meals for Federal Child Nutrition Programs. Vanguard Academy currently participates in the following programs, which includes, but is not limited to: National School Lunch Program (NSLP); School Breakfast Program (SBP). The following additional programs CACFP, SBP, SFSP, ASSP, SMP, SSO, FFVP may be added during the scope of the agreement.

In order to be considered, three (3) copies of the proposal must be delivered to Vanguard Academy, 2650 S Decker Lake Ln, West Valley City, UT 84119 by 11:30 PM MDT on 10/12/2026.

Further information or copies of this Request for Proposal (RFP) may be obtained by emailing: Michael Clark, michael.clark@vanguardcharter.org.

mailto:michael.clark@vanguardcharter.org

Table of Contents

Section Reference

P a g e

I. BACKGROUND OF REQUESTOR 3

II. PURPOSE OF REQUEST 3

III. TIME SCHEDULE 4

IV. INSTRUCTIONS 4

V. EVALUATION CRITERIA 5

VI. MINIMUM REQUIREMENTS 5

VII. SPECIAL PROGRAM TERMS AND CONDITIONS 6

VIII. SFA RESPONSIBILITIES

IX. OTHER TERMS AND CONDITIONS

X. ATTESTATION STATEMENT

Exhibits

A. DEBARMENT CERTIFICATION AND INSTRUCTIONS

B. CERTIFICATION REGARDING LOBBYING

C. PROPOSED PRICING SCHEDULE

D. VENDOR RECEIPT AND USE OF USDA FOODS

Attachmen ts

1. NSLP AND SBP MEAL PATTERN REQUIREMENTS

2. ASSP/SMP/FFVP REQUIREMENTS

3. SFSP MEAL PATTERN REQUIREMENT

4. RFP EVALUATION SCORE SHEET

5. ANNUAL CONTRACT EVALUATION

6. USDA DONATED FOODS CREDITING STATEMENT

7. TRANSPORT RECORD

ANNOUNCEMENT

Vanguard Academy 2650 S Decker Lake Ln

West Valley City, UT 84119

NOTICE OF

REQUEST FOR PROPOSAL

TO

PROVIDE FOOD SERVICE MEALS, SNACK, MILK

FOR FEDERAL CHILD NUTRITION PROGRAMS (CNP)

Vanguard Academy is requesting proposals for vended school meal services. The vendor would provide school meals/milk/snacks complying with USDA Food and Nutrition Services regulations and policy* as well as the State of Utah and Utah State Office of Education policies and guidelines.

*Code of Federal Regulations (CFR) 225, 7 CFR parts 15, 15a, 15b, 210, 215, 220, 225, 226, 240, 245, 250, 2 CFR 200, 2 CFR 400, 2 CFR 415, 2

CFR 416, 2 CFR 417

Catalogue of Federal Domestic Assistance (CFDA) numbers 10.555, 10.553, 10.556, 10.558, 10.559, and 10.550.

I. BACKGROUND OF REQUESTOR

It is not within the capability of Vanguard Academy to prepare specified meals under the National School Lunch Program (NSLP); School Breakfast Program (SBP).

Vanguard Academy (hereafter referred to as the School Food Authority [SFA]) is a political subdivision created under Utah law. The SFA has the power to sue and be sued, to make rules and regulations for its own government consistent with the laws of the State of Utah and the regulations of the State Board of Education. The school board/board of directors consists of nine (9) members, and has decision-making authority, the power to designate management, the ability to significantly influence operations and primary accountability for fiscal matters.

Vanguard Academy is composed of a central office and two (2) school locations. Student enrollment for the current FY26 academic year is 1,016 regular and special education students. The SFA employs approximately 150 persons of which approximately 75 are directly involved in the instruction process. The remainder provides auxiliary support such as general administration, repair and maintenance, transportation, etc. The regular school term normally begins in late August and runs through mid-May.

The SFA currently provides meals through a food preparation and delivery system as follows: Breakfast and Lunch food is delivered daily around 10:00 AM. Breakfast is stored and served the next morning. Lunch is set up and served the same day it is delivered.

II. PURPOSE OF REQUEST

The purpose of this solicitation is to seek a responsible vendor who will enter into an agreement with the School Food Authority (SFA) for the preparation and delivery of meals (including milk, snacks, and required program items) to be claimed for reimbursement under the National School Lunch Program (NSLP) and School Breakfast Program (SBP). The Vendor must be willing to provide such services to the SFA on a fixed-price basis.

The program will include the use of federally donated commodities. If the Vendor chooses to receive and process federally donated USDA Foods directly, it must meet the requirements found within 7 CFR Part 250.30, which sets forth the terms and conditions under which distributing agencies, sub-distributing agencies, or recipient agencies may enter into processing agreements.

III. TIME SCHEDULE

The SFA will use the following time line to select a Vendor:

Date/Time (MST) Task 9/29/2026 / 9:00 AM Advertise Request for Proposal (minimum 14 days) 10/5/2026 / 11:30 PM Deadline for Vendor Questions 10/12/2026 / 11:30 PM Deadline for receipt of Proposals 10/13/2026 / 9:00 AM Public Proposal Opening 10/19/2026 / 11:30 PM Contract Review / Evaluation Completion Date 10/21/2026 / 5:00 PM Award of Contract by Board of Directors

IV. INSTRUCTIONS

Notice: By submitting a proposal in response to this RFP, offeror is acknowledging that the requirements, scope of work, and the evaluation process outlined in the RFP are fair, equitable, not unduly restrictive, understood, and agreed to. Any exceptions to the content of the RFP must be protested to the purchasing agent prior to the closing date and time for submission of the proposal.

A. Sealed proposals will be received by Vanguard Academy located at 2650 S Decker Lake Ln, West Valley City, UT 84119. In accordance with competitive contracting procedures, the proposals will be opened publicly. Proposals are due by 11:30 PM MDT on 10/12/2026. Proposals will be opened publicly at 9:00 AM MDT on 10/13/2026.

B. Proposals must be in sealed envelopes or containers or submitted electronically, marked plainly and prominently as follows: "Proposal to Provide Food Service for Vanguard Academy."

C. Hard copy proposals should be addressed to 2650 S Decker Lake Ln, West Valley City, UT 84119.

D. It is the responsibility of the submitter of the proposal to ensure that the proposal is in the office at the time it is due. No proposals will be accepted after the announced due time.

E. The SFA reserves the right to reject any and all proposals and to waive any "informalities" in the proposals received whenever such action, rejection, or waiver is in its best interests.

F. The SFA reserves the right to solicit best and final offers from the three (3) most responsive proposers after a joint conference with these proposers.

G. No pleas of ignorance relating to any data encountered under this contract will be accepted as a result of failure or omission on the part of the Vendor to fulfill in every respect all the requirements, nor will the same be accepted as a basis for any claim whatsoever for extra charges for food services. Pre-proposal conferences to review the contents of the Request for Proposal and to arrange inspection visits will be held as requested.

H. Please ensure that your package contains the following:

1. Completed Exhibit A, Debarment and Suspension Certification U.S. Department of Agriculture.

2. If applicable, completed Exhibit B, Certification Regarding Lobbying.

3. Completed Exhibit C, Pricing Schedule.

4. If applicable, completed Exhibit D, Vendor Receipt and Use of USDA Foods.

5. Annual Financial Budget Projection for the current fiscal year.

6. Responses to Section VI of this Agreement.

7. Signed Attestation Statement, Section X of this agreement.

V. EVALUATION CRITERIA

A. Staged Sequential Evaluation Process: Selection of the vendor will be subject to review and approval by the school board. Proposals will be evaluated in three sequential stages as detailed in Attachment 4 (RFP Evaluation Score Sheet). An offeror must successfully pass and meet all minimum mandatory requirements of a stage to advance to the next stage. If an offeror does not meet all minimum mandatory requirements in Stage 1, the proposal is deemed non-responsive and will not be evaluated further in Stage 2 or the Final Stage.

Stage 1: Minimum Mandatory Requirements (Pass/Fail)

Each proposal will be evaluated on a Pass/Fail basis against three minimum mandatory criteria. An offeror must receive a "Pass" on all items to advance to Stage 2:

1. Required Documentation Certification (Section IV.H): Offeror certifies that the Offeror's proposal contains all required submittal documentation (Exhibits A-D, financial budget projections, Section VI responses, and signed Section X Attestation Statement).

2. Proposed Cost Change Notice Certification: Offeror certifies that the Offeror will inform the school of any proposed changes to costs in accordance with contract terms.

3. Menu Compliance Certification (Section VI.D, VII.F, VII.G): Offeror certifies that the Offeror meets all menu compliance and USDA meal pattern requirements.

Stage 2: Scoreable Criteria (Technical Evaluation - 300.0 Total Points / 25% Total Weight)

Proposals advancing from Stage 1 will be evaluated and scored by the evaluation committee across six (6) scoreable technical categories. Evaluators will score each category on a 0 to 5 scale, which is multiplied by the assigned criteria weight to calculate points earned (up to 300.0 total possible technical points):

1. Category #1 - Menu Compliance (100.0 Points / Weight 20 / 33.3% of Tech): Evaluates 15-week cycle menu compliance with USDA nutrition standards and meal patterns for NSLP/SBP (Section VI.D, VII.F, VII.G).

2. Category #2 - Hot Healthy Meals & Quality (100.0 Points / Weight 20 / 33.3% of Tech): Evaluates hot healthy meals prepared using whole grains and little or no processed ingredients (Section V.A.5).

3. Category #3 - Proposal Responsiveness (25.0 Points / Weight 5 / 8.3% of Tech): Evaluates proposal responsiveness and compliance with submitting all requested documentation (Section IV.H).

4. Category #4 - Staff Qualifications & Experience (25.0 Points / Weight 5 / 8.3% of Tech): Evaluates qualifications, background, and experience of key food service staff and management (Section VI.C).

5. Category #5 - Client References (25.0 Points / Weight 5 / 8.3% of Tech): Evaluates client references and proven track record in school food service operations (Section VI.B).

6. Category #6 - Additional Services (25.0 Points / Weight 5 / 8.3% of Tech): Evaluates value-added services offered by the vendor (Section V.A.7).

Final Stage: Cost per Meal Evaluation (200.0 Total Points / 75% Total Weight)

Cost proposals (Exhibit C) will be evaluated for all offerors completing Stage 2. The cost evaluation is worth 200.0 total points (75% of the total evaluation decision). Cost points are allocated between lunch and breakfast meal types as follows:

A. Lunch Cost Per Meal: 150.0 Points Possible (75% of Cost) B. Breakfast Cost Per Meal: 50.0 Points Possible (25% of Cost)

The offeror proposing the lowest total cost per meal will receive the maximum possible cost points (200.0 points, or 100%). Points assigned to other offerors' cost proposals are computed using the standard cost formula.

VI. MINIMUM REQUIREMENTS

All proposers are requested to respond briefly to the following questions. Please limit your response to one page per question.

A. General Information Regarding the Company

Address of company headquarters.

Number and location of offices.

Number of employees.

Number of food service professionals.

Note: If a company has diversified activities, please present data in total and as related to food services.

B. School Food Service Experience

1. Evidence demonstrating an ability to provide nutritious and high-quality meals to school food service programs, including, if applicable, a list of any and all schools, districts, or other similar organizations which you have served during the past three (3) years (indicate whether these past clients are still active clients). A summary of your past experience over at least three (3) years of successfully providing quality meals and services.

2. The name, title, address, and phone numbers of three (3) food service clients who can be contacted as references.

3. List of all schools or districts where your services have been discontinued or terminated for any reason during the past five (5) years and reasons why. List name and phone number of district administrators capable of commenting on your company's performance.

C. Personnel and Management Team

1. Provide resumes showing the experiences and qualifications of those individuals with your firm who will be directly involved in the food service program and describe their role.

2. Describe how your company is organized.

D. Menu Cycle

The Vendor will submit with the proposal a 15-week cycle menu and a daily menu pattern format indicating the number and frequency of menu choices for the Jr. High and High school(s). The Vendor must adhere to this cycle for the first 15 weeks of the meal service. Changes thereafter may only be made with the approval of the SFA. The menu standard, as presented in the first 15-week menu and daily menu pattern, must be maintained as to the type and quality of meal service. The proposed menus for meals and snacks must meet all USDA guidelines pertaining to National School Lunch Program (NSLP); School Breakfast Program (SBP) as prescribed in 7 CFR sections 210.10, 210.10a, 220.8, and/or 220.8a, whichever is applicable. See Attachments 1-3 for meal pattern requirements.

E. Per Meal Cost

Complete Exhibit C, Proposed Pricing Schedule to describe prices by grade group and/or age by program. The proposed pricing schedule must indicate if pricing will include/exclude USDA half-pint milk types required to be provided for a reimbursable meal.

VI. SPECIAL PROGRAM TERMS AND CONDITIONS

A. Food Services

The Vendor agrees to prepare and deliver specified meals, snacks, and milk to the site(s) specified in Paragraph C of this section per the meal patterns for school meals as specified in Paragraph G of this section. The SFA will approve the menu, which will be incorporated into this Agreement by reference.

B. Meal Substitutions and Modifications for Special Dietary Needs

The Vendor will substitute food or beverage items or modify food items for qualifying students as required by Federal and State law as described in Section VII.B.1 below and, if required, by any SFA policies, as described in Section VII.B.2 and Section VII.B.3 below.

If the Vendor incurs additional costs for substitutions in accordance with Sections VII.B.1 through VII.B.3 per 7 CFR 210.10(m) that exceed the regular meal payments, the Vendor may request reimbursement from SFA for the additional costs, in accordance with meal prices as listed in Exhibit C, Proposed Pricing Schedule. Neither the Vendor nor the SFA may charge any additional amounts to students who qualify for substitutions.

1. Substitutions or Modifications for Students with Disability—Federal Requirement 7 CFR 15b.3 and 7 CFR

210.10 (m)(1) The Vendor will provide substitutions to, or modifications of, SFA meals required by Federal law for students who are documented by a physician to be unable to consume the regular program meals due to a disability, which is defined as a physical or mental impairment which substantially limits one or more major life activities (SP59-2016). A physician's statement must identify the student's major life activities or bodily functions affected by the disability, the food or foods to be omitted from the student's diet, and the food or choice of foods that must be substituted.

The statement must be signed and dated by the physician and maintained on file by both the SFA and the Vendor.

2. Meal Substitutions for Students without Disability—Optional per 7 CFR 210.10 (m)(2) The SFA has established a policy, as allowed by School Nutrition Programs, to offer meal substitutions for students who do not have a disability but who are unable to eat the regular meals due to medical or special dietary needs.

The Vendor will provide substitutions for students who do not have a disability upon the written request of a recognized medical authority, authorized to write medical prescriptions under state law (SP59-2016) (physician, physician's assistant, or certified nurse practitioner). The request must specify the food or foods to be omitted from the student's diet and the food or choice of foods that must be substituted; be signed and dated by the recognized medical authority; and be maintained on file by both the SFA and the Vendor.

3. Non-Dairy Fluid Milk Substitutes—Optional per 7 CFR 210.10 (m) The SFA has established a policy, as allowed by School Nutrition Programs, to offer one or more non-dairy fluid milk substitutes that are nutritionally equivalent to cow's milk to students with a medical or other special dietary need.

The Vendor will provide non-dairy fluid milk substitute(s) in accordance with the SFA's policy. A request for a non-dairy fluid milk substitute must be in writing; identify the medical or other special dietary need that restricts the student's diet; be signed and dated by the parent/legal guardian or a medical authority (physician, physician's assistant, certified nurse practitioner, registered dietitian, or registered nurse); and be maintained on file. Product information must be maintained on file to document that the non-dairy product(s) offered to students meet School Nutrition Programs standards for non-dairy fluid milk substitutes.

C. Service Site

For the purpose of this Agreement, the Vendor shall make and deliver meals that comply with the requirements of National School Lunch Program (NSLP); School Breakfast Program (SBP) and this Agreement to the food service site at the following location(s):

Site Address

Vanguard High School 2650 S Decker Lake Ln, West Valley City, UT 84119 Vanguard Middle School 2691 S Decker Lake Ln, West Valley City, UT 84119

D. Delivery Requirements

The Vendor shall make deliveries of the meals only within the hours and only on the days designated below. The Vendor agrees to forfeit payment for meals which are not ready within one hour of the agreed upon delivery time, are unsafe, spoiled, damaged, or unwholesome at the time of delivery, or do not otherwise meet the meal requirements contained in this Agreement. The Vendor shall make deliveries meeting all county and state health department rules related to the transport of prepared food, as well as following and documenting all food safety guidelines throughout transportation of food. Time and temperature of all food items when leaving Vendor facilities shall be recorded on transport records and provided with food at delivery to SFA.

Site Delivery Days Delivery Time (Range)

Vanguard Academy HS M-F 9:30 AM - 10:00 AM Vanguard Academy MS M-F 9:00 AM - 9:30 AM

E. Price

Price per meal is based on pricing described in Exhibit C, Proposed Pricing Schedule. Pricing Schedule does not include the value of USDA Foods. All pricing must be guaranteed for a specified period (e.g., 1 year). Following the guarantee period, any request for price adjustment must be for an equal guarantee period, and must be made at least 30 days prior to the effective date. Requests for price adjustment must include sufficient documentation supporting the request. When USDA Foods are utilized in the meal, a price adjustment will credit the value of the USDA Foods.

F. Menu Preparation and Approval

The proposed menus must meet all USDA guidelines pertaining to National School Lunch Program (NSLP); School Breakfast Program (SBP) as prescribed in 7 CFR sections 210.10, 210.10a, 220.8, and/or 220.8a, whichever is applicable. The Vendor shall provide the SFA, for approval, with a proposed 15-week cycle menu for the operational period, at least seven (7) business days prior to the beginning of the period to which the menu applies. Any changes to the menu made after SFA approval must be agreed upon by the SFA and documented on the menu records. Menu items may be adjusted in writing by mutual consent of both parties. However, the Vendor shall adjust the menus at the request of the SFA whenever the SFA determines certain items to be unacceptable. Such items can be determined to be unacceptable because of (1) a monotonous diet resulting from items served frequently or the similarity to other items; (2) susceptibility to spoilage; and (3) excessive waste resulting from unpopularity of items with students. Such adjustments shall be made at the earliest convenience of both parties, but in no instance later than one week after request, except that in the case of spoilage adjustment shall be made in such a manner that the children in attendance on the day spoilage is discovered shall receive acceptable meals meeting meal requirements.

G. Food Preparation

The Vendor shall assure that each meal provided to the SFA under this Agreement meets the component, nutrition, food safety and all other requirements as specified in the Title 7 Code of Federal Regulations (CFR) Part pertaining to each specific program.

CFR Part Program

210 National School Lunch Program (NSLP); After School Snack Program (ASSP); Seamless Summer Option (SSO)

215 Special Milk Program (SMP) 220 School Breakfast Program (SBP) 225 Summer Food Service Program (SFSP) Richard B. Russell National School Lunch Act, P.L. 113-79, Sec. 19

Fresh Fruit and Vegetable Program (FFVP)

H. Recordkeeping

The Vendor shall maintain full and accurate transport records/production worksheets that document: (1) the menus provided to the SFA during the term of this Agreement, (2) a listing of all components of each meal, and

(3) an itemization of the quantities and portion sizes of each component in each meal. The Vendor agrees to provide food preparation documentation by using yield factors for each food item as listed in the USDA Food Buying Guide, Child Nutrition labels or manufacturer's product statements when calculating and recording the quantity of food prepared for each meal. The Vendor shall also maintain and make available:

1. Recipes, ingredient lists, nutrition facts labels, and any necessary child nutrition (CN) labels or product specification sheets/manufacturer product formulation statements related to the menus served.

2. On a daily basis, an accurate count of the number of meals, by meal type, prepared for and delivered to the SFA. Meal count documentation must include the number of meals requested by the SFA in writing.

3. Transport Records will be completed daily with all required information as outlined by USDA Food and Nutrition Service and the SFA. Transport records must verify reimbursable meals/snacks/milk were planned and delivered to the SFA. Sample Transport record located in Attachment 7.

4. All HACCP plan and temperature logs will be recorded and maintained to show compliance with applicable Federal, State, and local program and health department requirements.

I. Record Retention and Availability

The Vendor shall retain all records related to this Agreement in its possession for three (3) years plus the current year from the year in which they apply. All documents pertaining to an audit will be kept for three (3) years plus the current year after the audit is closed. The Vendor shall make all accounts and records pertaining to the Agreement available upon request to representatives of the SFA, the Utah State Office of Education (USOE), United States Department of Agriculture (USDA), the U.S. General Accounting Office, and the USDA Office of Inspector General for audits or administrative reviews at a reasonable time and place per 7 CFR 210.9(b)(17).

J. Meal Ordering

The Vendor shall allow the SFA to increase or decrease the number of meals ordered, as needed, when the request is made within 48 hours of the scheduled delivery time. Student meal eligibility is confidential and the meal ordering system must not disclose free, reduced-price, or paid meal eligibility to the Vendor. Payments from parents must be made to the non-profit school foodservice account. The Vendor shall invoice the school as outlined in the RFP and contract for vended meals.

K. Invoicing

The Vendor shall present to the SFA an invoice accompanied by reports no later than the fifth (5th) day of each month which itemizes the previous month's delivery. The Vendor agrees to forfeit payment for meals which are not ready within one hour of the agreed-upon delivery time, are damaged, spoiled, or unwholesome at the time of delivery, or do not otherwise meet the meal requirements contained in this Agreement. In cases of nonperformance or noncompliance on the part of the Vendor, the Vendor shall pay the SFA for any excess costs the SFA incurs by obtaining meals or food items from another source.

L. Food Safety and Sanitation

The Vendor shall provide the SFA with a copy of the current health certifications for the food service facility in which it prepares meals for National School Lunch Program (NSLP); School Breakfast Program (SBP). The Vendor will also submit a copy of its HACCP or food safety plan to the SFA. The Vendor will follow health department regulations and notify the SFA of the results of any health inspection made during the duration of this Agreement. The Vendor will make needed changes as a result of any health inspections or audits as defined by the inspecting agency. The Vendor shall maintain proper sanitation practices and health standards in conformance with all applicable local, State, and Federal laws and regulations.

M. Subcontracting

The Vendor shall not subcontract any portion of this Agreement.

N. USDA Foods (Commodities)

The SFA shall use donated foods as far as practical in school meals served to school children. The SFA will always retain ownership of donated foods. See Exhibit D, Vendor Receipt and Use of USDA Foods for detailed information regarding the delivery, use, and crediting of USDA Foods. Crediting of USDA Foods must be credited at the current year commodity file price in effect at the time of use.

O. Buy American Provision

The Vendor shall comply with the Buy American provision as described in 7 CFR Part 210.21 and 7 CFR 220.16.

VIII. SFA RESPONSIBILITIES

A. SFA will ensure fair and open competition and maintain all RFP and contract documentation.

B. Unacceptable Meals: The SFA shall be responsible for informing the Vendor in writing of its reasons for determining that a meal is unacceptable within 48 hours of meal delivery.

C. Meal Ordering: The SFA shall provide in writing, no later than 7 days before the first day of operation, a reasonably accurate estimate of the number of meals to be delivered to the SFA each day. The SFA shall notify the Vendor in writing of necessary increases or decreases in the number of meal orders within 48 hours of the scheduled delivery time. Errors in meal order counts made by the SFA shall be the sole responsibility of the SFA.

D. SFA Representative Duties: The SFA shall ensure that an SFA representative is available at each delivery site, at the specified time on each specified delivery day to receive, inspect, and sign for the requested number of meals. This individual will verify the time, temperature, quality, and quantity of each meal delivery on the Transport Record (Attachment 7). The SFA assures the Vendor that this individual will be trained and knowledgeable in the recordkeeping and meal requirements of the NSLP/SBP and local health and safety codes.

E. Cleaning: The SFA shall be responsible for cleaning the meal storage, preparation, and eating and food service areas daily following HACCP plans and Standard Operating Procedures.

F. Approval of Menus: The SFA shall notify the Vendor in writing within 7 days of receipt of the next month's proposed cycle menu, as well as any changes, additions, or deletions.

G. Meal Pattern Compliance: The SFA shall assure that the Vendor has a copy of 7 CFR Part 210, Part 215, Part 220, and Part 225, the Food Buying Guide, SP38-2019, and all other technical assistance materials and policy pertaining to the NSLP and SBP. The SFA will notify the Vendor in writing of any changes in the food service requirements resulting from either a Federal or State review or policy change within 24 hours of receipt from the USBE Child Nutrition Programs.

H. Payment: The SFA shall pay the Vendor by the 30th day of each month the full amount as presented on the monthly itemized invoice, except for disputed items or forfeited amounts for unacceptable/undelivered meals as outlined in Section VII.K and Section VIII.B. The SFA shall notify the Vendor within 48 hours of receipt of any discrepancy in the invoice. The SFA shall pay the Vendor for all meals delivered in accordance with the agreement.

I. USDA Foods (Commodities): The SFA shall use donated foods as far as practical in school meals served to school children. The SFA will always retain ownership of donated foods. See Exhibit D for detailed information regarding the delivery, use, and crediting of USDA Foods.

IX. OTHER TERMS AND CONDITIONS

A. Employment

The Vendor shall comply with all applicable Federal, State, and local laws and regulations pertaining to wages, hours, conditions of employment, and nondiscrimination in employment as stated in 2 CFR 200.318-326.

B. Payroll Taxes and Costs

The Vendor shall pay its employees directly and shall withhold and pay all applicable Federal and State employment taxes and payroll insurance with respect to its employees, including applicable income, insurance, Social Security, Medicare, and employment taxes and workers compensation costs.

C. Indemnity

1. The Vendor shall indemnify, defend, and hold the SFA harmless against any loss or damage (including attorney's fees and costs of litigation) caused by the Vendor's negligent act or omission, theft by the Vendor's employees, or the negligent or intentional acts or omissions of the Vendor's agents or employees.

2. The SFA shall promptly notify the Vendor in writing of any claims against the Vendor or the SFA and, in the event a suit is filed, shall promptly forward to the Vendor all papers in connection therewith.

D. Agreement Modification

This Agreement constitutes the entire understanding between the Vendor and the SFA. No variation or modification of the Agreement shall be valid unless in writing and signed by duly authorized officers of both parties.

E. Nonperformance Clause Should nonperformance of contractual requirements and/or a material breach of any term or condition of this contract occur, resulting in loss or potential loss of reimbursement of federal and/or state funds by the LEA, the vendor may be held financially liable for these losses.

F. Default and Remedies

Any of the following events will constitute cause for the SFA to declare Vendor in default of the contract:

nonperformance of contractual requirements or material breach of any term or condition of this contract. The SFA will issue a written notice of default providing a cure period before imposing remedies or contract termination.

G. Duration and Termination

This Agreement shall become effective on 11/2/2026 after both parties sign it and the USBE approves it. The Vendor shall provide meals during the period starting on the Effective Date and ending on 6/30/2027, with an option to renew annually up to four times. Either party may terminate this Agreement by giving thirty (30) days' written notice.

1. The SFA may, upon written notice of default to the Vendor, terminate the whole or any part of this Agreement in any one of the following circumstances:

i. If the Vendor fails to make delivery of meals, other agreed-upon items (e.g., eating utensils, supplies, storage equipment), or to perform the services within the time specified herein.

ii. If the Vendor fails to perform any of the other provisions of this Agreement in accordance with its terms and does not correct such failure within 48 hours after being requested to do so.

2. All notices to the SFA shall be addressed to the SFA at the address listed on the signature page, and all notices to the Vendor shall be addressed to the Vendor at the address listed on the signature page.

3. Final Payments: Upon termination of this Agreement, the SFA will pay for all meals received up to the effective date of termination. The Vendor shall submit all required reports and other information.

H. Force Majeure

Neither party shall be liable for delay or default caused by conditions beyond its control, including Acts of God, war, government restrictions, or insurrections.

I. Taxes

The SFA has tax-exempt status.

J. Food Recall

Vendors shall comply with all federal, state, and local mandates regarding the identification and recall of foods.

Vendors must have a written policy regarding biosecurity and the food supply in accordance with the Bioterrorism Act of 2002.

K. Contract Renewal

The SFA and the Vendor may mutually agree to renew the contract up to four one-year terms. Per meal prices may be adjusted by a percentage not to exceed the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Food Away from Home in the Midwest Region for March preceding the contract renewal year.

L. Applicable Law

The law of the State of Utah shall govern this Agreement.

M. Unavailability of Funds

The SFA may terminate this Agreement without penalty if the USDA fails to appropriate funds in subsequent fiscal years to support the program.

N. Non-Discrimination

The Vendor shall not discriminate in either the provision of services or in employment against any person because of race, color, national origin, sex, age, or disability. "This institution is an equal opportunity provider and employer."

O. Insurance

The Vendor shall maintain Commercial General Liability insurance (minimum $1,000,000 per occurrence) and Automobile Liability insurance (minimum $1,000,000 combined single limit) during the term of this Agreement, naming the SFA as an additional insured.

1. Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence for bodily injury, property damage, personal injury, products and completed operations, and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement; and

2. Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Vendor’s owned, hired, and non-owned vehicles.

P. Protected Information

Offers claiming business confidentiality under GRAMA (Utah Code Ann., Subsection 63G-2-305) must submit a written Claim of Business Confidentiality and a redacted copy of the proposal response at the time of submission.

Q. Assignment

This Agreement may not be assigned by either party without prior written consent.

R. Construction and Effect

A waiver of any failure under this Agreement shall neither be construed as, nor constitute a waiver of, any subsequent failure. This Agreement supersedes all prior negotiations, representations, or agreements. The Article and Paragraph headings are used solely for convenience and shall not be deemed to limit the subject of the Articles and Paragraphs or be considered in their interpretation. The Exhibits and Attachments referred to herein are made part of this agreement by the respective references to them. This Agreement may be executed in several counterparts, each of which shall be deemed an original.

S. Amendments to the Agreement

The parties cannot alter any provision in this Agreement that is required by any law, rule or regulation. The parties cannot otherwise amend or alter this Agreement, except as to minor, non-substantive provisions or issues that do not materially affect the scope of work or the cost of the Agreement. The parties must mutually agree, in a written document signed by both parties and attached to this Agreement, to amend, add, or delete an Article or Appendix. Any amendment to this Agreement shall become effective at the time specified in the amendment.

T. Late Bids/Proposals

Any bid/proposal submitted after the date and time designated in the IFB/RFP will not be accepted. This regulation does not allow for exceptions, thereby preserving the agency's policy of equal treatment toward all vendors.

U. Protests

Protests regarding specifications must be filed in writing prior to the solicitation closing date and time. Protests relative to contract award must be filed within five (5) working days after the aggrieved person knows or should have known of the facts giving rise thereto.

V. LAWS AND REGULATIONS:

a. Contractor and all Procurement Items delivered and/or performed under this Contract will comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including CFR

Appendix II to Part 200 and applicable licensure and certification requirements.

b. If this Contract is in excess of $100,000, the SFA and vendor shall comply with all applicable standards, orders, and regulations, including but not limited to:

c. The Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1311–1330, § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. § 1.1 et seq.);

d. Certificate Regarding Lobbying pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. Part 3018); and

e. Disclosure of Lobbying Activities pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. Part 3018).

The vendor certifies compliance with:

1. Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871);

2. The Department of Labor regulations (29 C.F.R. Part 5); and

3. Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 and Department of Labor Regulation (41 C.F.R. Chapter 6

X. ATTESTATION STATEMENT

To be signed by the Vendor.

By submission of this bid, the Vendor acknowledges it has carefully read all terms and conditions set forth in the Request for Proposal (RFP) in the bid document/solicitation issued by Vanguard Academy on 9/28/2026. The Vendor acknowledges that the School Food Authority (SFA) reserves the right to accept or reject any and all bids, to waive irregularities, and to accept the bid which, in the SFA's opinion, is in the SFA's best interest.

By submitting a bid, and if selected, the Vendor agrees to execute a contract with the SFA, and to perform services in accordance with the finalized contract documents.

Signature of Vendor Representative Date

Name of Vendor Company

Exhibit A—Debarment Certification and Instructions

[The debarment form on the next page must be signed by Vendor if the contract is for $25,000 or more.]

INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT FORM

1. By signing and submitting this form, the prospective lower-tier participant is providing the certification set out on the certification form in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower-tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower-tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower-tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower-tier covered transaction," "participant," "person," "primary-covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted to obtain a copy of those regulations.

5. The prospective lower-tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower-tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower-tier Covered Transactions," without modification, in all lower-tier covered transactions and in all solicitations for lower-tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Excluded Parties List System (EPLS) at https://www.epls.gov/.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower-tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies as appropriate, including suspension and/or debarment.

https://www.epls.gov/

Exhibit A—Debarment Certification and Instructions Continued

[This debarment form must be signed by Vendor if the contract is for $25,000 or more.]

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION—LOWER-TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Executive Order 12689, and 31 U.S.C. 6101; Debarment and Suspension, 7 CFR Part 3017, Subpart C, Responsibilities of Participants Regarding Transactions.

(Please read instructions on previous page before completing Certification.)

(1) The prospective lower-tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower-tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Organization Name Award Number or Project Name

Name and Title of Authorized Representative

Signature Date

Exhibit B—Certification Regarding Lobbying

[This certification must be signed annually by Vendor if the contract is for $100,000 or more.]

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to 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 the awarding of a Federal contract, the making of any Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment or modification of a Federal contract, grant, loan or cooperative agreement;

(2) If any funds other than federally appropriated funds have been paid or will be paid to 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 this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions;

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. 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. Certification and disclosure 7 CFR 3018.110.

Organization Name Award Number or Project Name

Name and Title of Authorized Representative

Signature Date

Exhibit C—Proposed PRICING SCHEDULE

Proposed Pricing Schedule [To be completed by Vendor]

BREAKFAST

Pricing Grade Groups Offer versus Serve

(OVS)

Serve Only Special Diet Meals

K-5 6-8 9-12 Adult/Non-reimbursabl e

LUNCH

Grade Groups Offer versus Serve

(OVS)

Serve Only Special Diet Meals

K-5 6-8 9-12 NA (OVS required)

SNACK

Ages Offer versus Serve

(OVS)

Serve Only Special Diet Snacks

6-12 NA (OVS

prohibited)

≥ 12

SPECIAL MILK

Pricing Grade Group Milk Substitution

K-12

FRESH FRUIT AND VEGETABLE

Pricing Grade Group Serve Only Special Diet

K-6

SFSP

Pricing NSLP Grade Groups or

SFSP Ages Offer versus Serve

(OVS)

Serve Only Special Diet Meals

K-5 6-8

9-12 NA (OVS required) Ages 0-18 Infant Ages 1-6 Ages 12-18

SSO

Grade Groups Offer versus Serve

(OVS)

Serve Only Special Diet Meals

K-5 6-8 9-12 NA (OVS required)

Exhibit D—Vendor Receipt and Use of USDA Foods (Commodities)

Vendor Receipt and Use of USDA Foods [To be completed by Vendor]

If the Vendor uses U.S. Department of Agriculture (USDA) Foods (commodities) on behalf of the School Food Authority (SFA), as indicated in Section VIII(N) of the Notice of Request for Proposal to Provide Food Service for Child Nutrition Programs (CNP), this Exhibit D must be completed and incorporated into the Contract for Vended Meals.

I. VENDOR RESPONSIBILITIES

A. The Vendor will perform the specific activities relating to USDA-donated foods that are indicated below (check all that apply). The Vendor must assure the SFA that such activities will be performed in accordance with the applicable requirements in 7 CFR 250.

☐ Preparing meals using USDA Foods.

☐ Delivering meals.

☐ Serving meals.

☐ Storing USDA Foods in accordance with 7 CFR 250.52.

☐ Payment of processing fees or submittal of refund requests to a processor on behalf of the recipient agency, or remittance of refunds for the value of USDA Foods in processed end products to the recipient agency, in accordance with the requirements in 7 CFR 250 subpart C.

☐ Additional activities: __________________________________________

B. The Vendor will comply with the storage and inventory requirements for USDA-donated foods in 7 CFR

250.52. Upon termination of the contract, the Vendor will return all unused USDA-products or give credit for the remaining balance using the price list currently in effect.

C. USDA defines “processor” and “processing” in 7 CFR 250.3, as a commercial enterprise that uses donated foods to prepare meals at a commercial facility. A processor is subject to the processing requirements in Subpart C of Part 250. The processing requirement ensure that SFAs receive the full benefit and value of the donated foods sent to such commercial enterprises for processing into end product, or in the preparation of meals, at their commercial facilities (FD-80 Q.34). The Vendor assures the SFA that the procurement of processed end products on behalf of SFA, as applicable, will comply with 7 CFR 250 and with provisions of SFA processing agreements. All processing agreements must be approved by the Utah State Office of Education Child Nutrition Programs. The Vendor will ensure crediting of SFA for the value of USDA-donated foods contained in such end products at the processing agreement value. The Vendor will not itself enter into a processing agreement with a processor.

D. The Vendor assures that all commercially purchased foods (non-USDA Foods) will be of the same generic identity, of U.S. origin, and of equal or better quality than the donated foods in the SFA’s food service.

E. The Vendor shall maintain accurate and complete records with respect to the use, disposition, storage and inventory of donated foods and in accordance with 7 CFR 250.54. Failure by the Vendor to maintain records required under the contract shall be deemed as evidence of improper use of donated foods. The SFA will obtain restitution from the Vendor in connection with any claim for improper distribution, use, loss, or damage to donated foods.

II. SFA RESPONSIBILITIES

A. The SFA shall only order those USDA Foods that the Vendor can reasonably incorporate into the meals.

B. The SFA will ensure that the Vendor is in compliance with the requirements of 7 CFR 250 through its monitoring of the food service operation as required in 7 CFR 210 and 225, as applicable.

C. The SFA will maintain the following records relating to the use of donated foods: the donated foods and processed end products received…