Bread_and_Bakery_Products_(Addendum_#1_Revision).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/stocktonusd

Stockton Unified School District, CA

INVITATION TO BID

ITB 26-16

BREAD AND BAKERY PRODUCTS

RELEASE DATE: June 3, 2026

RESPONSE DEADLINE: June 26, 2026, 4:00 pm

Please refer to the project timeline in this document for all important deadlines.

Invitation To Bid #ITB 26-16 Title: Bread and Bakery Products

Table Of Contents

1. NOTICE INVITING BIDS

2. INTRODUCTION

3. INSTRUCTIONS TO BIDDERS

4. SCOPE OF WORK

5. BID TABULATION

6. GENERAL CONDITIONS

7. VENDOR QUESTIONNAIRE

Attachments:

A - Sample Contract

B - Federal Certifications Form

1. NOTICE INVITING BIDS

1.1. Notice to Bidders

Bread and Bakery Products

TO THE

STOCKTON UNIFIED SCHOOL DISTRICT

OF SAN JOAQUIN COUNTY

ITB 26-16

Bread and Bakery Products

Stockton Unified School District Purchasing Department 2141 Robindale Ave.

Stockton, CA 95205

NOTICE IS HEREBY GIVEN that the Stockton Unified School District, County of San Joaquin, California, acting by and through its Governing Board, hereinafter referred to as the DISTRICT will receive up to, but not later than 4:00 pm of the day of Friday, June 26, 2026 hereby calls for sealed proposals for Bread and Bakery

Products;ITB 26-16 to be submitted to the District's e-Procurement platform.

Each bid shall be made on the digital bid proposal form furnished by the District, unless otherwise indicated in the bid documents. Bidders who wish to attain a copy of the procurement documents including specifications and bid forms for the purpose of preparing and submitting a bid may receive them by checking the Districts e-

Procurement site https://procurement.opengov.com/portal/stocktonusd.

Each bid must conform and be responsive to this invitation, the information for bidders, the specifications, and all other documents comprising the pertinent contract documents. Please submit electronic responses via the

District's e-Procurement Portal https://procurement.opengov.com/portal/stocktonusd. By way of the e-

Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes. No bidder may withdraw their bid for a period of 60 days after the date set for the opening of bids.

https://procurement.opengov.com/portal/stocktonusd

The contract will be awarded to the lowest responsive, responsible bidder meeting specifications. The Stockton

Unified School District reserves the right to reject any or all bids, to accept or reject any one or more items of a bid or to waive any irregularities or informalities in the bids or in the bidding. The District may award any, all or none of this IFB. Any resultant award by the Board of Education will be by Section to the lowest responsible bidders in accordance with PCC 20118.1.

Contract award is contingent upon availability of funds. This IFB is subject to the provisions of Education Code

Section 45125.1. Vendor’s employees are required to submit fingerprints to the Department of Justice where an employee may come into contact with students at any school site.

In the event of identical bids, the Governing Board may determine by lot which bid shall be accepted per Public

Contract Code 20117.

Local and minority bidders are specifically encouraged.

All questions or requests for clarification are to be submitted via the e-Procurement Portal's Question and Answer tab. If a proposer discovers any ambiguity such as a conflict, discrepancy, omission, or other error in the IFB, the proposer shall immediately notify the District in writing.

By: Sheikia Wilson, Director of Purchasing

Publication: The Stockton Record

Advertising Dates:

2. INTRODUCTION

2.1. 2.1 SUMMARY

The Stockton Unified School District Child Nutrition department (hereinafter referred to as “SUSD” or the

“District”) is issuing this bid for the Bread and Bakery Products. Any agreement issued as a result of this BID does not guarantee any minimum amount of service or payment. A provider shall not perform services for

SUSD without the issuance of a Purchase Order. Providers will be compensated by SUSD for services satisfactorily performed in accordance with contract requirements.

2.2. 2.2 BACKGROUND

The Stockton Unified School District serves a diverse student population across multiple school sites in the

Central Valley. The District provides a wide range of instructional programs, support services, and extracurricular activities designed to support student achievement and well-being.

The District's mission is to graduate every student college, career, and community ready.

To support this mission, the District utilizes contracted services to supplement internal resources and ensure operational efficiency, compliance, and service continuity. The District is seeking qualified vendors to deliver high-quality services with its operational needs and regulatory requirements.

2.3. 2.3 CONTACT

Purchasing Services

2141 Robindale Ave

Stockton, CA 95205

Phone: (209) 933-7095

Email: purchasingbids@stocktonusd.net

All contact with the District shall occur through the District’s e-Procurement platform. Contacting District employees is expressly forbidden and may result in disqualification.

2.4. 2.4 SCHEDULE

• 1st Publication: Wednesday, June 3, 2026

• 2nd Publication:Wednesday, June 3, 2026

• Last Day for Questions: Wednesday, June 17, 2026

• Addendum Issued: Monday, June 22, 2026

• Bid Due Date: Friday, June 26, 2026 at 4:00 pm

• Board Approval: Next available Board Meeting

3. INSTRUCTIONS TO BIDDERS

3.1. 3.1 Preparation of Bid Form:

Bids shall be received electronically at the District’s e-Procurement portal not later than 4:00 pm on Friday, June 26, 2026. All blanks in the bid form must be filled in, and all prices stated. It is the bidder’s responsibility to ensure timely receipt.

The District invites bids on the attached forms to be submitted by qualified bidders for the furnishing of Bread and Bakery Products in accordance with the specifications and requirements contained in this Invitation to Bid

(ITB).

Bids shall be received via the District’s e-Procurement portal . All required fields and pricing entries within the electric bid submission shall be completed. Electronic submissions are digitally sealed and encrypted through the District’s e-Procurement Portal until the official bid opening time.

It is the sole responsibility of the bidder to ensure its electronic submission is successfully uploaded and received prior to the deadline. Late submissions will not be accepted by the District’s e-Procurement Portal.

3.2. 3.2 Bid Submission:

A. Bids shall be submitted electronically through the District’s e-Procurement Portal utilizing the forms and submission requirements contained within the solicitation documents. Bidders are responsible for reviewing and verifying all pricing and submission information prior to final submission. Alternative bids or substitutions will not be considered unless specifically requested or authorized in the solicitation documents.

B. Prior to submitting a bid, bidders shall carefully examine all specifications, instructions, terms, conditions, and other solicitation documents. Bidders shall fully inform themselves regarding all conditions affecting performance and shall ensure all unit pricing and extended pricing are accurately reflected in the bid submission. No allowance shall be made due to a bidder’s failure to examine the solicitation documents or become familiar with existing conditions.

C. All bids shall be submitted electronically through the District’s e-Procurement Portal. Electronic submissions are digitally sealed and encrypted until the official bid opening time. Bids submitted outside of the District’s e-Procurement Portal will not be accepted.

https://procurement.opengov.com/portal/stocktonusd

D. The bid submission shall include the name of the bidder and shall be submitted by an individual authorized to bind the bidder contractually.

E. Changes, additions, conditions, limitations, or unauthorized modifications to the bid submission which are not specifically requested in the solicitation documents may result in the District’s rejection of the bid as nonresponsive. Bids may be withdrawn electronically through the District’s e-Procurement Portal prior to the established bid submission deadline.

F. The use of a manufacturer’s name, brand, make, catalog number, or product specification in the solicitation documents is intended solely to establish a standard of quality, performance, and characteristics and shall not restrict bidders to the specific product identified. Products determined by the District to be equal in quality and utility shall be considered.

G. Requests for product substitutions or approved equals must be submitted through the District’s e-

Procurement Portal no later than the deadline for questions identified in the solicitation timeline and must include all supporting product documentation, specifications, nutritional information, and manufacturer details requested by the District. The District reserves the right to require product demonstrations and/or samples for evaluation purposes.

H. All products submitted shall be equal to or better in quality, nutritional compliance, and utility than the products specified by the District.

I. The manufacturer, brand name, pack size, and product grade for each item bid shall be clearly identified in the bid submission. Failure to identify an alternate product may result in the District interpreting the bid as offering the exact product specified.

J. All pricing shall be FOB Destination, Freight Prepaid, to District-designated locations.

K. No additional charges for delivery, freight, fuel surcharge, packing, handling, drayage, or other incidental costs shall be permitted beyond the pricing submitted in the bid unless specifically authorized in writing by the District.

L. The District reserves the right to request product samples for evaluation purposes. Requested samples shall be provided at no cost to the District and shall be clearly labeled with:

o Bidder name o Solicitation number o Item number o Manufacturer and product name

M. Samples shall be delivered to the location identified by the District within the timeframe specified in the request.

N. Samples requested by the District shall be furnished at no cost to the District. Unless consumed or destroyed through evaluation testing, samples may be returned to the bidder upon written request and at the bidder’s expense.

O. All products furnished under any resulting contract shall be subject to inspection and acceptance by the

District. Products failing to meet specifications or quality standards may be rejected and returned at the vendor’s expense.

3.3. 3.3 Addenda/Requests for Information:

Any addenda, clarifications, interpretations, corrections, revisions, or other modifications issued by the District during the solicitation process shall become part of the solicitation documents and any resulting contract.

All addenda shall be issued through the District’s e-Procurement Portal at https://procurement.opengov.com/portal/stocktonusd. It is the sole responsibility of the bidder to monitor the District’s e-Procurement Portal and ensure all issued addenda are reviewed and acknowledged prior to bid submission.

Failure of a bidder to acknowledge or account for issued addenda in its bid submission may render the bid nonresponsive.

Bidders are required to register for an account via the District's e-procurement Portal hosted by OpenGov. Once bidder has completed registration, you will receive addenda notifications to your email by clicking "Follow" on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/stocktonusd. Acknowledgement of all addenda must be submitted with bid response. Failure to acknowledge in writing the receipt of any addendum may result in rejection of bid.

Contact with any other individual, i.e., District Departments, District Agents, Board Members, etc., regarding this solicitation during the bid process other than the Buyer identified above or other than a member of the

District’s Purchasing Department may be grounds for rejection.

3.4. 3.4 Agreement:

The successful bidder shall be required to enter into an agreement with Stockton Unified School District in the form included in the solicitation documents.

All contract documents are intended to be complementary and interpreted together to provide for the complete furnishing and delivery of all products, materials, labor, transportation, equipment, and services required under the contract.

The initial contract term shall commence upon approval by the Governing Board of Stockton Unified School

District and shall continue for a period of one (1) year. Upon mutual written agreement of both parties and approval by the District, the contract may be renewed for up to four (4) additional one-year terms. In no event shall the total contract term exceed five (5) years.

4. SCOPE OF WORK

4.1. Background

The successful bidder shall furnish and deliver grocery products in accordance with the specifications and requirements set forth in this solicitation.

The successful bidder shall maintain proper product temperatures throughout transportation and delivery and shall ensure that all products are delivered in a safe, sanitary, and wholesome condition in compliance with all applicable federal, state, and local requirements. Delivery vehicles shall be appropriately equipped to accommodate District site conditions and delivery requirements, including the use of hand trucks, pallet jacks, and other necessary equipment.

The District currently anticipates deliveries to occur multiple times per week; however, delivery schedules, frequencies, locations, and quantities may be modified by the District based on operational needs. The District reserves the right to add, remove, or modify delivery locations and schedules during the term of the contract.

4.2. Scope of Work for Bread Supply

The Stockton Unified School District (SUSD) is seeking a qualified vendor to supply a variety of bread products for our school cafeterias. The selected vendor will provide fresh, high-quality bread products that meet the nutritional standards set by the USDA and other relevant authorities. The bread products will be used in daily meal preparations for students across multiple schools within the district.

The vendor must supply the following types of bread products:

A. Whole Wheat Bread o Must be 50% whole grains o Minimum weight: 24 oz per loaf o Must meet USDA nutritional standards for whole grains

B. White Bread o Enriched white bread o Minimum weight: 24 oz per loaf o Must meet USDA nutritional standards

C. Hamburger Buns o Whole wheat and white options o Minimum weight: 1.5 oz per bun o Packaged in sets of 8 or more o Must meet USDA nutritional standards

D. Hot Dog Buns o Whole wheat and white options o Minimum weight: 1.5 oz per bun o Packaged in sets of 8 or more o Must meet USDA nutritional standards

E. Hoagie Rolls o Must be 50% whole grains o Packaged in sets of 12 or more o Must meet USDA nutritional standards for whole grains

Service Requirements

The vendor must adhere to the following service requirements:

A. Quality Assurance o All bread products must be fresh and free from any signs of spoilage or contamination.

o Products must be delivered in packaging that protects against contamination and damage.

o Vendor must provide documentation of compliance with USDA and other relevant nutritional standards.

B. Order Fulfillment o Vendor must have the capability to fulfill orders on a weekly basis.

o Orders must be confirmed within 24 hours of receipt.

o Vendor must provide a dedicated account manager for SUSD.

C. Customer Service o Vendor must provide a customer service hotline available during regular business hours.

o Vendor must address any issues or complaints within 24 hours.

Delivery Requirements

The vendor must adhere to the following delivery requirements:

A. Delivery Schedule o Deliveries must be made to each school within the district on a weekly basis.

o Delivery times must be coordinated with each school's cafeteria manager to ensure timely receipt of products.

B. Delivery Conditions o All bread products must be delivered in temperature-controlled vehicles to ensure freshness.

o Products must be delivered in a manner that prevents damage and contamination.

C. Delivery Documentation o Each delivery must be accompanied by a detailed packing list that includes the type and quantity of each product delivered.

o Vendor must provide proof of delivery, signed by the receiving cafeteria manager

D. Delivery Address o Deliveries shall be made in the quantities specified by the Child Nutrition Services designee at the respective sites.

o Elementary deliveries: 6:30 A.M.–1:00 P.M. ; Secondary deliveries: 6:00 A.M.–2:00 P.M.

Compliance and Standards

The vendor must comply with the following standards and regulations:

A. USDA nutritional standards for school meals

B. FDA regulations for food safety and labeling

C. Local health department regulations

D. Any other relevant federal, state, or local regulations

4.3. Locations:

Deliveries shall be made in the quantities specified by the Child Nutrition Services designee at the respective sites.

Elementary deliveries: 6:30 A.M.–1:00 P.M.; Secondary deliveries: 6:00 A.M.–2:00 P.M.

Note: Because certain schools are considered small sites, the School Food Authority (SFA) may require bread deliveries to be consolidated at a central site or kitchen location. Consolidated deliveries may occur on behalf of multiple sites, and the vendor must coordinate delivery quantities accordingly. This consolidation shall not affect product quality, freshness, shelf life, or compliance with NSLP requirements.

Elementary School Address (Stockton, CA) Delivery Time

Adams 6402 Inglewood 6:30 A.M. – 1:00 P.M.

August 2101 Sutro Ave. 6:30 A.M. – 1:00 P.M.

Bush 5420 Russo Drive 6:30 A.M. – 1:00 P.M.

Cleveland 20 E. Fulton 6:30 A.M. – 1:00 P.M.

El Dorado 1540 N. Lincoln 6:30 A.M. – 1:00 P.M.

Elmwood 840 S. Cardinal Ave. 6:30 A.M. – 1:00 P.M.

Fillmore 2644 E. Poplar St. 6:30 A.M. – 1:00 P.M.

Fremont 2021 E. Flora 6:30 A.M. – 1:00 P.M.

Grunsky 1550 N. School 6:30 A.M. – 1:00 P.M.

Hamilton 2245 E. Eleventh 6:30 A.M. – 1:00 P.M.

Harrison 3203 Sanguinetti Ln. 6:30 A.M. – 1:00 P.M.

Hazelton 535 W. Jefferson St. 6:30 A.M. – 1:00 P.M.

Henry 1107 S. Wagner 6:30 A.M. – 1:00 P.M.

Hong Kingston 6324 N. Alturas Ave. 6:30 A.M. – 1:00 P.M.

Hoover 2900 Kirk Ave. 6:30 A.M. – 1:00 P.M.

Huerta 1644 S. Lincoln St. 6:30 A.M. – 1:00 P.M.

Kennedy 630 Ponce de Leon 6:30 A.M. – 1:00 P.M.

King 2640 E. Lafayette St. 6:30 A.M. – 1:00 P.M.

Kohl Open 4115 N. Crown Ave. 6:30 A.M. – 1:00 P.M.

Mata Elementary 5600 Alexandria Place 6:30 A.M. – 1:00 P.M.

Madison 2939 Mission Rd. E. 6:30 A.M. – 1:00 P.M.

Marshall 1141 Lever Blvd. 6:30 A.M. – 1:00 P.M.

McKinley 30 W. 9th St. 6:30 A.M. – 1:00 P.M.

Monroe 2236 E. 11th St. 6:30 A.M. – 1:00 P.M.

Montezuma 2843 Farmington Rd. 6:30 A.M. – 1:00 P.M.

Nightingale 1721 Carpenter Rd. 6:30 A.M. – 1:00 P.M.

Peyton 2525 Gold Brook Dr. 6:30 A.M. – 1:00 P.M.

Pittman 701 E. Park 6:30 A.M. – 1:00 P.M.

Pulliam 230 Presidio Way 6:30 A.M. – 1:00 P.M.

Rio Calaveras 1819 Bianchi Way 6:30 A.M. – 1:00 P.M.

Roosevelt 776 S. Broadway 6:30 A.M. – 1:00 P.M.

San Joaquin 2020 Fresno Ave. 6:30 A.M. – 1:00 P.M.

Spanos 536 N. California St. 6:30 A.M. – 1:00 P.M.

Stockton Skills 2725 Michigan Ave. 6:30 A.M. – 1:00 P.M.

Taft 419 Downing Ave. 6:30 A.M. – 1:00 P.M.

Tyler Skills 3830 Webster Ave. 6:30 A.M. – 1:00 P.M.

Van Buren 1628 E. 10th St. 6:30 A.M. – 1:00 P.M.

Victory 1838 W. Rose St. 6:30 A.M. – 1:00 P.M.

Washington 1735 W. Sonora St. 6:30 A.M. – 1:00 P.M.

Wilson 150 E. Mendocino Ave. 6:30 A.M. – 1:00 P.M.

Secondary School Address (Stockton, CA) Delivery Time

Chavez 2929 Windflower 6:00 A.M. – 2:00 P.M.

Edison 100 W. Dr. Martin Luther Bld. 6:00 A.M. – 2:00 P.M.

Franklin 4600 E. Fremont St. 6:00 A.M. – 2:00 P.M.

Stagg 1621 Brookside 6:00 A.M. – 2:00 P.M.

4.4. Additional Information:

In a recipe for bread, would ingredients listed as 2 cups of whole wheat flour and 2 cups of white flour meet the 50% whole grain requirement?

Allowable grain products must contain at least 50% whole grains. A product or ingredients containing 2 cups of whole wheat flour and 2 cups of enriched white flour would meet the 50% whole grains requirement if there are no other grains in the product.

Can wheat bread, rolls, and buns labeled as “100% whole wheat” be used to meet school meal requirements for grains?

Yes. Products that are labeled as, “whole wheat bread”, “entire wheat bread”, “whole wheat rolls”, “entire wheat rolls”, “whole wheat buns”, and “entire wheat buns” are 100% whole wheat and are easily identifiable as meeting the grain requirements for school meals.

Do grain products have to be 100% whole grain to meet the whole grain-rich criteria?

No; the requirement is to offer only whole grain-rich products. Whole grain-rich products contain at least 50% whole grains and the remaining grain, if any, must be enriched.

FNS has granted a temporary flexibility that remains in effect in SY 2015-16. State agencies have the option to grant an exemption from the whole grain-rich requirement to school food authorities that demonstrate significant challenges in procuring and serving whole grain-rich products, provided that at least half of the grains offered weekly are whole grain-rich.

5. BID TABULATION

BREAD AND BAKERY PRODUCTS

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 51% Sandwich Loaf Bread, WW 1,900 12

Loaves/Case

2 51% Hot Dog Buns, WW 200 Pack

3 51% English Muffins, WW 300 Case

4 51% Breadsticks, WW 200 Case

5 51% Hamburger Buns, WW 7,500 Pack

6 51% Hoagie Rolls, WW 1,600 Case

7 51% Bagels, WW 130 6

Dozen/Case

TOTAL

6. GENERAL CONDITIONS

6.1. 4.1 Experience:

The bidder, by submitting a bid, indicates that he has the ability to fulfill the terms and conditions of the bid and has been successful in supplying the products and/or services associated with this bid for a period of at least five

(5) years.

6.2. 4.2 Interpretation of Bid Document If any bidder is in doubt as to the true meaning of any portion of the solicitation documents, specifications, terms, conditions, or other contract requirements, or discovers any ambiguity, conflict, discrepancy, omission, or error in the solicitation documents, the bidder shall submit a written request for clarification through the

District’s e-Procurement Portal within the timeframe identified in the solicitation schedule.

Responses to questions, interpretations, clarifications, corrections, revisions, or addenda issued by the District shall be posted through the District’s e-Procurement Portal and shall become part of the solicitation documents and any resulting contract.

It is the sole responsibility of the bidder to monitor the District’s e-Procurement Portal for all questions, responses, interpretations, clarifications, and addenda issued by the District prior to bid submission.

The District shall not be bound by any oral interpretations, explanations, or instructions provided by District personnel or any other individual. Only written interpretations or addenda issued through the District’s e-

Procurement Portal shall be considered official.

6.3. 4.3 Bid Evaluation Clarification:

The District reserves the right to obtain clarification of any point in a bidder’s submittal or to obtain additional information.

The District reserves the right to conduct on District site, telephone or email, conversations with the bidders to clarify bid proposals and other documents, ask questions or obtain additional information.

The bidder’s inability to respond to this request may be cause for disqualification of their bid.

6.4. 4.4 Opening of Bids:

Bids shall be submitted electronically through the District’s e-Procurement Portal and will remain digitally sealed until the official bid opening time identified in the Notice to Bidders.

At the designated bid opening time, electronic bid submissions will be automatically unsealed by the District’s e-Procurement Portal.

6.5. 4.5 Acceptance or Rejection of Bid:

The District reserves the right to reject any or all bids, in whole or in part; to waive any minor informalities, irregularities, or non-material deviations that do not affect the competitive nature of the bidding process; and to accept the lowest responsive and responsible bid that is determined to be in the best interest of the District.

The District further reserves the right to award all or any portion of the work, to contract for the requested goods and/or services in any manner permitted by law, to cancel, postpone, or reissue the solicitation, or to abandon the procurement entirely if deemed to be in the District's best interest.

Bids received after the date and time specified in the Notice Inviting Bids and bid documents will be deemed non-responsive and will not be considered.

6.6. 4.6 Unit Prices:

Pricing shall be per unit. The pricing per unit shall include all costs (excluding tax) and shall be delivered

F.O.B. Destination.

6.7. 4.7 Assignment of Contract:

The successful bidder shall not assign, transfer, delegate, sublet, or otherwise dispose of any portion of the contract, including any rights, duties, obligations, or monies due thereunder, without the prior written consent of

Stockton Unified School District.

Any attempted assignment or transfer without the District’s prior written consent shall be null and void and may constitute grounds for termination of the contract.

6.8. 4.8 Specifications and Acceptable Brands:

Any manufacturer, brand name, trade name, catalog number, or product reference used in the specifications is intended solely to establish the minimum standards desired by the District and is not intended to restrict competition.

Bidders may offer products that are equal to or superior to those specified, provided the proposed product meets or exceeds all requirements of the bid documents. Alternate products shall be clearly identified by manufacturer, brand name, product number, and pack size.

Bidders offering alternate products shall provide product specifications, nutrition information, ingredient statements, Child Nutrition (CN) Labels, Product Formulation Statements (PFS), manufacturer literature, and any other documentation requested by the District. Product samples may also be required at no cost to the

District.

The District shall be the sole judge in determining whether a proposed product is acceptable. Evaluation may include quality, nutritional content, packaging, operational suitability, student acceptability, and compliance with applicable requirements.

Where no brand is specified, bidders may offer any product that meets the stated specifications. If a proposed product is determined to be unacceptable, the successful bidder shall furnish an approved product meeting the specifications at the awarded price.

6.9. 4.9 Nutritional Information:

Bidders shall provide complete product information (cut sheets) for all products offered, including manufacturer name, product code, pack size, serving size, ingredient statement, and nutritional analysis. For proposed "equal" or alternate products, product documentation shall be submitted with the bid response. For awarded products, all required documentation shall be provided within thirty (30) calendar days of contract award or upon District request.

Acceptable documentation may include, as applicable, Product Formulation Statements (PFS), Child Nutrition

(CN) Labels, product specification sheets, ingredient statements, nutritional analysis, and manufacturer literature.

All products shall comply with applicable federal and state regulations, including food allergen labeling requirements. Product labels and ingredient statements shall identify the presence of any major food allergens as required by law.

The successful bidder shall notify the District's Child Nutrition Services Department of any product reformulation, ingredient change, nutritional change, packaging change, or product discontinuation during the term of the contract and shall provide updated product documentation prior to shipment of the revised product.

Failure to provide required product documentation may result in rejection of the product, removal from award consideration, or contract termination.

6.10. 4.10 Additional Products:

The products identified in this solicitation are not intended to represent all products that may be required by the

District during the contract term. The District reserves the right to procure products from other sources when awarded products are unavailable, fail to meet specifications, quality standards, delivery requirements, or operational needs, or when additional products not included in this solicitation are required.

The District further reserves the right to add, delete, substitute, or modify products and estimated quantities during the contract term based on menu changes, student preferences, participation levels, funding availability, regulatory requirements, product availability, or other operational considerations.

6.11. 4.11 Samples and Product Evaluation:

The District reserves the right to request product samples, product literature, nutritional information, Child

Nutrition (CN) Labels, Product Formulation Statements (PFS), ingredient statements, demonstrations, or other supporting documentation necessary to evaluate any product offered. All requested materials shall be provided at no cost to the District.

Each sample shall be clearly identified with the solicitation number, item number, bidder name, manufacturer, brand name, and product code number, and shall be delivered to the location designated by the District.

Failure to provide requested samples, documentation, or demonstrations within the timeframe specified by the

District may result in the bid being deemed non-responsive.

All products offered are subject to District evaluation. Evaluation may include product quality, compliance with specifications, nutritional requirements, packaging, operational suitability, and student acceptability. The

District shall be the sole judge of product acceptability, and its determination shall be final.

If a proposed product is determined to be unacceptable, the District reserves the right to reject the product and require the successful bidder to provide an approved product meeting the specifications at the awarded price.

6.12. 4.12 Bid Quantities:

The quantities identified in the OpenGov pricing table are estimates only and are provided solely for bid evaluation and pricing purposes. Estimated quantities are based on historical usage, anticipated enrollment, projected program needs, and other factors deemed relevant by the District.

Actual quantities purchased may vary and may be greater or less than the estimated quantities shown. The

District does not guarantee any minimum purchase volume and shall not be obligated to purchase the estimated quantities identified in the pricing table.

The successful bidder shall provide products and services at the unit prices submitted in the pricing table for all quantities ordered by the District during the contract term. Purchases will be made on an as-needed basis and are subject to available funding and District requirements.

6.13. 4.13 Withdrawal of Bids Prior to Opening Any bidder may withdraw his bid, at any time prior to the scheduled time for opening of bids.

No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening of bids.

6.14. 4.14 Delivery:

It is understood that the bidder agrees to deliver prepaid all items on which bids are accepted to the address indicated on the bid form. All costs for delivery, drayage, or freight, or the packing of said articles are to be borne by the bidder.

Respondents shall provide minimum quantities and lead time for site deliveries. If not listed, no minimum will be considered. Minimums may be expressed in number of cases of combined items or minimum dollar value per drop.

All boxes, packing list and invoices must reference the correct District purchase order number. Vendor to ship all ordered quantities when/if ordered. Backordered or special order items that will take more than the usual allotted time in transit must be reported to the District along with an estimated time of delivery.

Upon placement of an emailed purchase order, the successful bidder shall confirm the order within 24 business hours and deliver materials within a fifteen (15) day period unless other delivery times or arrangements have been agreed to by the District and vendor.

All boxes, packing lists and invoices must reference the correct District purchase order number. Packing list must be provided upon delivery.

Items shall be required to be delivered to the Stockton Unified School District Central Receiving Warehouse, 2909 Sanguinetti Lane, Stockton, CA 95205, unless otherwise indicated on the purchase order.

6.15. 4.15 District Inspection:

All products furnished under any resulting contract shall be subject to inspection, testing, and acceptance by the

District.

Inspection, testing, or acceptance of products by the District shall not relieve the vendor of its obligation to furnish products fully complying with the specifications, quality standards, nutritional requirements, packaging requirements, freshness standards, and other contract requirements.

Products determined by the District to be damaged, defective, contaminated, expired, improperly packaged, nonconforming, or otherwise unsuitable may be rejected and returned at the vendor’s expense.

The vendor shall promptly replace rejected products with acceptable products at no additional cost to the

District and within the timeframe required by the District.

Acceptance of products by the District prior to discovery of defects or nonconformance shall not waive the

District’s right to later reject nonconforming products or require corrective action by the vendor.

6.16. 4.16 Price Escalation After the initial one (1) year term, prices may increase in accordance with the terms of this price escalation clause.

A maximum price increase in accordance with the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index – All Urban Consumers, Food Away From Home, twelve (12) month percentage change, may be negotiated subject to the existing market conditions and approval by the District.

The successful bidder must substantiate such price increases by providing documentation that is acceptable and to the complete satisfaction of the District in order to justify the increase. The successful bidder will be required to provide an updated price sheet for each escalation.

6.17. 4.17 Price Decreases Bidders are required to pass price reductions immediately through to the Stockton Unified School District as market prices drop for these products throughout the duration of the bid award and any extensions. In addition, the District reserves the right to extend this bid for additional years under any price decreases provided by the successful bidder if it is in the best interest of the District.

6.18. 4.18 Invoices Invoices must be clearly itemized, including the unit price and purchase order number.

Invoices determined to be incorrect or missing the purchase order number shall be returned and not paid until a credit for the invoice or a corrected invoice is supplied.

Payment will be made within thirty (30) days of receipt of correct invoices and merchandise. Cash discounts with a term of less than thirty (30) days will not be considered in determining low bidder. Indicate cash discount on last page of bid.

6.19. 4.19 Substitutions Use of patent or proprietary names or the names of manufacturers in these specifications shall be deemed to be used for the purpose of facilitating a description and shall be deemed to be followed by the words “or equal” unless the bid specifically requires no substitutions. The bidder may offer any materials or products which shall be substantially equal to that so indicated or specifically provided; however, the bidder shall furnish samples and/or full descriptive information covering the product bid on, properly marked, showing item number and page number on each sample, or description, before closing time of bid.

6.20. 4.20 Quality All workmanship, materials, and articles incorporated in the items covered by this specification shall be of the best available grade of their respective kinds of the purpose for which the items are to be used. All equipment shall be new unless otherwise specified.

6.21. 4.21 Sales Tax A. Do not include California State Sales Tax in bid. Said tax will be added to invoice and paid by the

District.

B. Do not include Federal Excise Tax or Use Tax in the bid. The District is not subject to same.

6.22. 4.22 Discount:

Cash discount when stated on bid shall be allowed on all payments that are processed by the District with reasonable promptness after acceptance of material and receipt of vendor’s invoice. Cash discount for a period of less than thirty (30) days will not be considered in determining low bidder.

6.23. 4.23 Prices and Notation:

Bidders shall quote prices F.O.B. Destination, Freight Prepaid to the District delivery location(s) identified in the District Delivery Site Location Sheet. All prices shall be stated in the unit of measure specified in the bid documents, and each item shall be priced separately.

Quoted prices shall be all-inclusive and shall include all costs associated with furnishing and delivering the products, including, but not limited to, packaging, transportation, freight, drayage, fuel surcharges, unloading, inside delivery, and any other incidental charges necessary to complete delivery to the designated District location(s). No additional charges will be allowed or paid by the District.

Unless otherwise specified, bid prices shall exclude applicable California sales and use taxes. The District will calculate and pay applicable state sales and use taxes, as required by law. Federal excise taxes are not applicable to purchases made by California school districts and shall not be included in bid pricing.

All deliveries shall include on-site unloading and inside delivery to the specific receiving location designated by the District. Deliveries left at loading docks, curbside locations, or other undesignated areas may be rejected.

6.24. 4.24 Termination for Convenience:

The District may terminate this agreement for any reason whatsoever. The District will give 10 days’ written notice.

6.25. 4.25 Alternate Source:

Nothing in this agreement shall prohibit the District from acquiring the same type or equivalent material or service from other sources, when deemed to be in the best interest of the District.

6.26. 4.26 Bid Withdrawal, Late Submittals:

Prior to the bid opening date and time, a bid may be withdrawn at the bidders’ request.

No bidder may withdraw their bid for a period of sixty (60) days from the bid opening.

No Bids or modification received after the due date will be considered.

Hard copies, email, telegraphic or facsimile bids will NOT be considered. All Bids must be submitted via the

District’s e-Procurement portal.

By submitting an online bid, vendor warrants that the individual is duly authorized to sign or enter into to a contract on the behalf of the proposer.

6.27. 4.27 Addendum:

If it becomes necessary to revise any part of this bid, an addendum will be posted on the District website. The addendum must be signed and included in your bid package.

Any clarifications or corrections to this bid shall be made by written amendment. Any amendments to this bid will be posted to the District’s OpenGov portal found at:

https://procurement.opengov.com/portal/stocktonusd. Each Bidder is solely responsible for checking the website for amendment postings.

6.28. 4.28 Samples and Testing:

Samples may be requested of any and all bidders. Samples must be provided within three (3) days of request and shall be furnished free of expense to the District. The District may, during the evaluation process, open the equipment to view internal components and return equipment at bidder’s expense. The final decision as to whether the material or product is the equal to that specified shall be made by the District. In all cases when a sample is taken from a shipment and sent to a public testing laboratory and the test shows that the sample does not comply with the specifications, the cost of the tests shall be paid by the vendor. In all cases the District reserves the right to make tests it deems necessary.

6.29. 4.29 Defects and Compliance:

Bidders shall guarantee all items purchased under this bid to be in compliance with the bid specifications and shall be free of defects. Should any problems arise due to defective material(s) or faulty workmanship, or if the product is not in compliance with bid specifications and requirements, the vendor shall replace the product at no charge, including labor, material and transportation costs, to the complete satisfaction of the District.

If the vendor is unable to meet the District requirements, the District reserves the right to receive a full refund check from the vendor for the unsatisfactory merchandise, including all labor, materials and transportation costs.

Repeated failure to provide product on time and/or product(s) which do not meet the specifications, will constitute grounds for termination of the contract.

If determined by the District, after a written warning to the successful bidder and a reoccurrence of the same failure, the contract may be terminated. If so, a letter of cancellation shall be mailed by the Purchasing

Department to the vendor.

At the time of termination, payment of invoices for products and/or services already received and approved in accordance with bid documents shall be the responsibility of the District. The District shall not be responsible for any loss of profits resulting from cancellation of a portion of any order at the time of termination.

The rights and remedies of the District provided above shall not be exclusive and are in addition to any other rights and remedies provided by law.

Unless a prior written agreement has been reached with the District, failure to comply with the promised delivery schedule or failure to provide an acceptable product, releases the District from all obligations. In addition, the vendor will be responsible for the cost difference of purchasing items from the next lowest responsible bidder meeting all District specifications and conditions. If next lowest responsible bidder is unable to supply the items, the District reserves the right to purchase the items from another source and bill the difference from any unpaid balance owed the original awarded bidder.

6.30. 4.30 Buy American Provision:

SFA must purchase to the maximum extent practicable domestic commodities or products per 7 CFR 210.21(d).

In 1998 Congress included the Buy American Provision in the National School Lunch Act to support the

American economy and its positive effects on small and local businesses. In support of the Buy American

Provision, the U.S, Department of Agriculture (USDA) created Title 7, Code of Federal Regulations (7 CFR), Sections 210.21(d) and 220.16(d).

These regulations specify that Program Operators adhere to the Buy American requirements in all procurement procedures, solicitations, and contracts. Also, the regulations establish phased-in caps on the purchase of non-domestic products, require documentation and reporting requirements for non-domestic exceptions, and provide definitions for agricultural products and fish.

6.31. 4.31 Bid Protest:

A Bidder may protest a bid award if they believe that the award was inconsistent with Board policy or the bid’s specifications or was not in compliance with law. A protest must be filed in writing (e-mail is not acceptable) within 5 business days after opening of bids to:

Purchasing Services

ATTN: Director of Purchasing

2141 Robindale Ave

Stockton, CA 95205

The bidder shall submit all documents supporting or justifying the protest. A bidder’s failure to timely file a protest shall constitute a waiver of his/her right to protest the award of the contract.

6.32. 4.32 Debarment, Suspension & Exclusion:

The successful bidder shall certify, that neither it nor its principals is presently debarred, suspended, proposed for debarment; declared ineligible, or voluntarily excluded from participation in the transaction by any Federal department agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contract and subcontracts. Were the bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this proposal.

(See Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion.)

6.33. 4.33 Hold-Harmless:

The bidder shall indemnify, defend, and hold harmless Stockton Unified School District, its Governing Board, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the bidder’s performance under the contract, including the use of any copyrighted materials, trademarks, trade names, patents, or other proprietary materials furnished by the bidder.

6.34. 4.34 Piggyback Provision:

In accordance with Public Contract Code Section §20118, other school districts in the State of California may purchase under the same terms and conditions of this bid if it is determined to be in their best interest. If so, the

Stockton Unified School District waives its right and prefers that each school district work directly with the successful bidder. Sales to the other district will be made at the discretion of the successful bidder.

6.35. 4.35 Fingerprint and Criminal Background Check Certification:

This bid is subject to the provisions of Education Code Section 45125.1. Bidder’s/Contractor’s employees are required to submit fingerprints to the Department of Justice where an employee may come into contact with students at any District site.

The Department of Justice will ascertain whether the employee has a pending criminal proceeding for a violent or serious felony or has been convicted of a violent or serious felony as they are defined in Penal Code Sections

667.5 and 1192.7, respectively. Bidder/Contractor shall not permit any employee to come in contact with students until the Department of Justice has ascertained that the Employee has not been convicted of a felony as defined in Education Code Section 45122.1.

Bidder shall provide the District with a list of names of employees who may come in contact with students and must certify in writing to the District that none of its employees who may come in contact with students have been convicted of a felony as defined in Education Code Section 45122.1. The District may request the removal of an employee from a District Site at any time. Failure to comply with this provision may result in termination of the agreement.

Upon award of this bid, the successful bidder will be required to comply with these fingerprinting requirements.

The successful bidder will be required to return the appropriate paperwork to the District prior to commencing any contract work.

If bidder is requesting a waiver of the Depart of Justice fingerprint and criminal background investigation for

Education Code Section 45125.1, the request for waiver section located on the fingerprint and criminal background check certification document must be filled out.

6.36. 4.36 Equal Bids:

In the event two or more identical lowest responsive and responsible bids are received, the District may determine the successful bidder by drawing lots in accordance with California Public Contract Code Section

20117.

Any drawing of lots conducted by the District shall be performed in a fair and impartial manner and may be witnessed by District representatives and other observers as determined appropriate by the District.

6.37. 4.37 Award of Bid:

Bid on each item separately. Prices shall be stated per unit as specified. The District will not be responsible for errors in extensions.

Award will be made by line item to the lowest responsible bidders meeting District specifications and requirements. This bid implies no obligation to buy. The District reserves the right to refrain the award of this bid. The District reserves the right, and may award any, all or none of this bid. In addition, the District may award all of the bid and refrain from entering into an agreement or placing orders for any or all of the items awarded.

THERE SHALL BE NO MINIMUM OR MAXIMUM CONTRACT OR PURCHASE ORDER

QUANTITIES.

The award is subject to acceptance by the District’s Board of Education. The District reserves the right to accept or reject any and all bids or portions of bids; to waive any irregularities or informalities in any bid or in the bidding. If there is a discrepancy between the unit price bid and the extended price, unit prices shall prevail.

6.38. 4.38 IRS Requirements:

The successful bidder shall perform all services and furnish all products under the contract as an independent contractor and not as an officer, employee, or agent of Stockton Unified School District. All persons employed or retained by the bidder shall be employees or agents of the bidder and not of the District.

The District shall not be liable for any acts, omissions, liabilities, obligations, or claims arising from the bidder’s performance under the contract.

The successful bidder shall provide a completed IRS Form W-9 and any other required tax documentation prior to payment under the contract.

6.39. 4.39 Equal Opportunity:

The bidder shall certify that he is an Equal Opportunity Employer and has made a good faith effort to improve minority employment and agrees to meet federal and state guidelines.

No discrimination shall be made in the employment of persons upon public works in this project because of the sex, race, color, national origin or…