DRY,_FROZEN_AND_REFRIGERATED_FOOD_(Addendum_#1_Revision).pdf

Fontana Unified School District

9680 Citrus Avenue

Fontana, CA 92335

REQUEST FOR PROPOSAL

RFP NO. 26/27-0002

FOR

DRY, FROZEN AND REFRIGERATED FOOD

Request For Proposal No. 26/27-0002

Title: DRY, FROZEN AND REFRIGERATED FOOD

TABLE OF CONTENTS

I. Request for Proposals Notice

II. RFP Instructions & Information for Proposers

III. General Conditions

IV. Specifications

V. Questions, Possible Addenda and Withdrawal of Proposals

VI. Evaluation Criteria

VII. Proposal Form

VIII. Vendor Questionnaire, References, & Forms

Attachments:

A - FS41 Prourement Code of Ethics

B - Sample PFS for Documenting Grains Ounce Equivalent in Child Nutrition Program

C - Sample PFS for Documenting Meats/Meat Alternates in Child Nutrition Program

D - Sample for Documenting Vegetables and Fruit in School Meal Programs

E - Delivery Site List

1. Request for Proposals Notice

NOTICE IS HEREBY GIVEN that the Fontana Unified School District (“District”), hereinafter referred to as the

District, will receive proposals up to, but no later than 2:00 pm on Wednesday, June 24, 2026 through the

Procurement Portal at www.fusd.net/bids, proposals for the award of a contract for:

RFP No. 26/27-0002 DRY, FROZEN AND REFRIGERATED FOOD

All proposals shall be made and presented through the Procurement Portal. The RFP documents are available through the Procurement Portal beginning Friday, June 5, 2026. Proposals must be accompanied by forms referred to in the contract documents to avoid disqualification. NO FAXED OR MAILED PROPOSALS WILL BE

ACCEPTED.

This Project will use federal funding including, but not limited to, funds from the National School Lunch Program

(NSLP). Vendors must comply with all applicable federal and state requirements.

It is each bidder’s sole responsibility to ensure its bid is timely delivered and received at the location designated as specified above.

Proposers are responsible for monitoring the portal for updates. The deadline to request for clarifications regarding the RFP is: 2:00 pm on Monday, June 15, 2026. Requests for Clarification must be submitted through the

Procurement Portal.

In order to provide all vendors to have a fair and equitable opportunity, vendors may not contact the District staff, or the Board of Education for any questions regarding this proposal. If a vendor contacts another District representative, the vendor may be deemed non-responsive.

The District may request interviews from the top vendors. If it is decided to conduct interviews the tentative dates are between June 30, 2026 through July 2, 2026.

The District reserves the right to accept, reject or waive any irregularities in the proposals, to be sole judge as to the merit, quality and acceptability of materials proposed and its compliance to the specifications.

No proposer may withdraw their proposal for a period of ninety days (90) after the date set for the opening of proposals. Refer to the proposal documents for additional information, terms and conditions. The complete proposal documents and terms and conditions are considered one complete proposal component and cannot be altered in any way.

Fontana Unified School District Board of Education

Publication Dates: 6/5/26 and 6/12/26

2. RFP Instructions & Information for Proposers

DELIVERY OF PROPOSAL

Fontana Unified School District (“District”) invites proposers to submit proposals, to be submitted no later than

2:00 pm on Wednesday, June 24, 2026. It is the sole responsibility of the proposer to ensure that the proposal is received by the deadline. The system is configured to close bidding at the deadline; no entries will be accepted thereafter. Proposers submitting proposals shall also be referred to herein as “Vendor(s)", "Bidder(s)", or

"Respondent(s)”.

SIGNATURES

https://www.fusd.net/bids

Any signature required on proposal documents must be signed in the name of the proposer and must bear the signature of the person or persons duly authorized to sign these documents. If proposer is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the District. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal. If proposer is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The proposal must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the District, in which case the general partner may sign. Proposals submitted as joint ventures must so state and be signed by each joint venturer. Proposals submitted by individuals must be signed by the proposer unless an up-to-date power- of-attorney is on file in the

District office, in which case, said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be so indicated in the signature.

NO PROPOSAL

Any item not included in the proposal price is to be noted on the proposal Form Pricing Sheet as “No Bid”.

MODIFICATIONS AND CORRECTIONS

Changes in or additions to the proposal form, alternate proposals, or any other modifications of the proposal form which is not specifically called for in the proposal documents may result in rejection of proposal as not being responsive to the invitation to bid. No oral, email, or telephone proposals or modifications shall be considered. The proposal submitted must not contain any erasures, inter-lineation, or other corrections unless each such correction is initialed in the margin immediately opposite the correction by the person or persons signing the proposal. Proposals should be verified before submission and cannot be withdrawn after the submittal deadline.

WITHDRAWAL OF PROPOSAL

Any proposer may withdraw his proposal personally or by written request at any time prior to the scheduled closing time for the receipt of proposals. No proposer may withdraw any proposal for a period of ninety (90) calendar days after the proposal submittal deadline.

INTERPRETATION OF PROPOSAL DOCUMENTS

If any Proposer is in doubt as to the true meaning of any part of the proposal documents, or finds discrepancies in, or omissions from the proposal documents, or has any questions related to the proposal documents, a written request for an interpretation, or correction thereof or answers to questions may be submitted to the District through the Procurement Portal. The proposer submitting the request shall be responsible for its prompt delivery.

Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued.

Addendum will be made available through the e-procurement portal. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the

District.

CONTRACT PERIOD

It is anticipated that the Contract to be awarded under this proposal shall be effective August 1, 2026 through June

30, 2027 (“Initial Term”) Prices must remain firm until June 30, 2027.

PROPOSAL PRICING

Bid each item separately. Proposal prices shall be one fixed price per unit and F.O.B., Fontana Unified School

District site locations. Proposal prices awarded as a result of this proposal shall remain firm for one (1) year.

Proposer certifies that prices are the lowest offered to any comparable customer and the District will be given the benefit of any lower prices or price decreases during the term of the contract. Proposer is to give District immediate advantage of such decrease and inform District in writing of the decrease. Failure to advise the District in writing, within ten (10) days of price reduction to another purchaser, may be cause for cancellation of the contract. All materials and services provided under this agreement will be invoiced at the agreement price prevailing at the time the purchase order is placed, regardless of the actual service start date.

The successful Distributor must notify Food Service Designee and Purchasing Buyer in writing thirty (30) days prior to any increase in pricing and provide full documentation from the manufacturer or other parties providing justification for increase.

The District reserves the right to accept, negotiate, or reject any proposed price adjustments. No price increases shall take effect without written approval from the Districts Purchasing Department.

The District reserves the right to review requested price increases through the Urban Consumer Price Index (CPI-

U) for the Los Angeles, Riverside and Anaheim area. Should pricing be determined to be unreasonably high or inconsistent with the market conditions, the District may request clarification, deny price adjustments, or exercise termination rights as defined in the contract.

Should the Distributor sell these products under the same quantity, terms and conditions, at a lower price during the period of the contract, the price shall be applicable to the District. Failure to advise the District, in writing, within ten (10) days of price reduction to another purchaser, may be cause for cancellation of the contract.

By submitting a proposal, the successful proposer agrees that it is willing to provide such contract extensions under these terms if requested by the District, at District’s sole discretion.

DELIVERIES

It is understood that the proposer agrees to deliver all items on which proposals are accepted to the addresses indicated on the attached “Delivery Sites” document. All costs for delivery, drayage, or freight, or the packing of said articles are to be borne by the proposer. Additionally, all prices offered by proposers must include on site off loading and inside delivery. Absolutely no fuel surcharges may be levied during the term of the contract.

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 proposal specifically requires no substitutions. When submitting proposals on items other than those specified, the proposer must state on the proposal the pack size and/or description on each item bid other than “as specified”. At the Districts request, the proposer shall furnish samples and/or full descriptive information covering the product within five (5) business days of request.

EVIDENCE OF RESPONSIBILITY

Upon request of the District, a proposer whose proposal is under consideration for award may be required to submit within five (5) days of proposal submittal satisfactory evidence showing his financial resources and will be treated as confidential by the District. The District requires the name of three (3) references for whom similar types of goods or equipment were provided during the previous year and reserves the right to inspect the physical warehouse.

PROPOSAL DOCUMENTS

The complete proposal includes all “Contract Documents” as defined in the Purchase Agreement Form. Any of these documents shall be interpreted to include all the provisions of the other documents as though fully set out therein. The proposer should fully acquaint themselves with the conditions and terms affecting the performance of the Contract if awarded. The proposer’s submission of a proposal shall be taken as prima facie evidence of compliance with this section. Proposals should be verified before submission, as they cannot be withdrawn after proposal submittal deadline.

TAXES

The District will pay for state and local taxes. Do not include taxes on the proposal form.

DELIVERY

All prices shall be quoted FOB destination. Destination shall be the individual school site placing the order. No additional fees shall be charged for small orders. All shipments shall be accompanied by a delivery receipt. The purchase order number shall appear on all delivery receipts and invoices. All expenses incurred with the furnishing of all required products/items for inspection shall be borne by the proposer. Any item found to be faulty/damaged shall be replaced prior to acceptance by the District. All costs for delivery, drayage, insurance, freight, or the packing of the said articles are to be borne by the proposer. The carting away of debris is the sole responsibility of the proposer. All shipments shall be delivered in refrigerated containers and vehicles as required by the manufacturer or the District. No third-party billing will be accepted.

Deliveries will be directly delivered, weekly at agreed upon timeframe. The above listed information is to be reproduced on the vendor’s Bill of Lading. Vendor will be responsible for all assessorial charges associated with the shipping of goods ordered due to failure to follow above listed shipping instructions.

Delivery shall commence immediately after receipt of a District purchase order.

QUANTITIES

Quantities shown are estimated usage of the District for the proposal period. The District reserves the right to purchase more or less of the units specified. The District will order in quantities best suited to their needs and storage facilities. Prices bid shall be firm for the duration of the contract. No additional shipping or handling fees may be charged for small quantity orders. Any quantities are not guaranteed by the District, but are included for information only.

MULTI-YEAR EXTENSIONS

After the Initial Term of the contract and subject to the provisions of pricing terms of the contract, this proposal may be extended (in the District’s sole discretion) for up to two (2) additional years, in one (1) year increments, not to exceed three (3) years total pursuant to Education Code section 17596.

The extension may be granted by the District provided that the following conditions are being met:

a) The District has deemed the products and services of the vendor satisfactory.

b) The vendor shall submit a list of the price increases for the next year (July to June) by the last business day in February.

c) The District reserves the right to review requested price increases through the Urban Consumer

Price Index (CPI-U) for the Los Angeles, Riverside and Anaheim area. Should pricing be determined to be unreasonably high or inconsistent with the market conditions, the District may request clarification, deny price adjustments, or exercise termination rights as defined in the contract at District’s sole discretion

d) Documentation of Insurance Coverage and/or bonds (if applicable), (see General Conditions) shall be resubmitted with each request for contract extension.

e) The District reserves the right to purchase additional units, at various quantities, under the terms and conditions provided in this proposal. Proposers are to submit the unit price for each item, reflecting any quantity breaks in a separate column of the spreadsheet. Proposers are to enter this information in the column provided. A single unit price submitted on the proposal response form shall be interpreted to be the price for any quantity amount ordered.

PROPOSAL FORM

A. Proposer must use the Proposal Form accompanying the proposal documents.

B. Proposer is to enter base pricing in the appropriate column of the Proposal Form.

C. If distributor’s SKU is different or unique as compared to manufacturer’s SKU, distributor’s SKU must be entered in appropriate column.

D. Proposer is to submit all Proposal Form pages, even those without responses.

E. Proposer is to pay special attention to Samples provision which states “samples may be required” for all items.

F. Whenever the specification notes “only” this requirement is made in order for the District to match existing supplies and equipment or because no other equal is known to exist.

G. The District reserves the right to accept or reject any and all proposals, to waive any irregularities in the proposals, to be sole judge as to the merit, quality and acceptability of materials proposed and its compliance to the proposal documents and any specifications.

UNBALANCED OR ALTERED PROPOSALS

Proposals in which a response to any specific item of this proposal with terms such as “negotiable”, “will negotiate”, or similar, and where the prices are obviously unbalanced, and those which are incomplete or show any alteration of form or contain any additions or conditional or alternate proposals that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the proposer has been omitted may be rejected. If, in the District’s sole discretion, it determines any pricing, costs or other information submitted by a proposer may result in an unbalanced proposal, the District may deem such proposal non-responsive. A proposal may be determined by the District to be unbalanced if the proposal is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the proposer will result in the lowest overall cost to the District even though it may be the low evaluated proposal, or if it is so unbalanced as to be tantamount to allowing an advanced payment.

PROPOSAL PROTEST PROCEDURES

A. Any proposal protest by any proposer regarding any other proposal must be received within five (5) calendar days after receipt of a written notice of the District’s intent to award to another proposer. The

District shall not be obligated to consider protests received after the above specified deadlines. All protests must be submitted in writing to the Sr. Director of Purchasing at Shamica.Nance@fusd.net and must meet the following requirements:

a) The protest must contain a complete statement of any and all basis for the protest.

b) The protest must refer to the specific portions of all documents that form the basis for the protest.

c) The protest must include the name, address, email, and telephone number of the person representing the protesting party.

d) The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

B. The procedure and time limits set forth in this section are mandatory and are each proposer’s sole and exclusively remedy in the event of proposal protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the proposal protest, including filing a Government Code claim, any administrative remedies or legal proceedings.

RESTRICTIONS ON LOBBYING AND CONTACT

From the period beginning with the date of the issuance of this proposal solicitation and ending on the date of the award of the contract, no person, or entity submitting a response to this solicitation, nor any officer, employee, representative, agent, or consultant representing such a person or entity shall contact, through any means, or engage in any discussion regarding this RFP, the evaluation or selection process and/or the award of the contract with any member of the District, Board of Education, selection members, other than the named contact herein.

Any such contact shall be grounds for disqualification of the entity submitting a response.

LEGAL REQUIREMENTS

All proposers are required to comply with and be bound by all applicable provisions of law whether or not referred to herein. This includes, but is not limited to, compliance with federal, state, and local laws, regulations, and ordinances

USDA NONDISCRIMINATION STATEMENT

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

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

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-

3027, found online at How to File a Program Discrimination Complaint and at any USDA office; or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call 866-632-9992. Submit your completed form or letter to USDA by:

Mail:

U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Mail Stop 9410 Washington, D.C. 20250-9410

Fax: 202-690-7442 Email: Program.Intake@usda.gov

This institution is an equal opportunity provider.

3. General Conditions

3.1. AWARD OF CONTRACT

Fontana Unified School District (“District”) will award a contract to one or more responsible proposers with the

“highest scored,” responsive proposal, giving appropriate consideration to the evaluation factors stated herein.

The District reserves the right to make an award to other than the lowest priced proposal. Price alone will not be the sole determining factor in the selection process. Award will be based on the highest number of points given during the evaluation process as indicated in the Evaluation Criteria included in the proposal documents. The decision resulting from the evaluation process as to which proposal best meets the needs of the District remains the sole responsibility of the District and is final. The contract to be entered into by the vendor is set forth in the proposal documents as the “Purchase Agreement Form” and is also referred to herein as the “Contract”.

In the event an award is made to a proposer/s, and such proposer fails or refuses to execute the contract and provide the required documents within five (5) calendar days after notification of the award of the contract to proposer, the District may award the contract to the next lowest responsible and responsive proposer or release all proposers.

The District reserves the right to not necessarily purchase all items and/or quantities listed in the proposal documents. The quantities listed are estimates of the needs of the District and may be adjusted to meet the actual needs, when determined.

3.2. PLACEMENT OF ORDERS & LEAD TIME

Orders shall be issued directly to the proposer/vendor, commencing from proposal award, after issuance of a

Purchase Order. Orders & lead time should be mutually agreed between vendor & the District, but not to exceed

14 calendar days. Prices bid shall be firm and shall not increase or include shipping or any additional handling fees for ordering in small quantities.

3.3. DISCOUNTS

In connection with any discount offered, the discount period shall begin on the date the correct invoice is received and end when final approval of payment as authorized.

https://www.usda.gov/sites/default/files/documents/ad-3027.pdf https://www.usda.gov/sites/default/files/documents/ad-3027.pdf

3.4. INVOICES

Invoices shall be submitted in triplicate and shall contain the following information: purchase order number, delivery site, item number, item description, quantity ordered, quantity delivered, unit price, extended totals, and applicable discounts for items delivered. Failure to enter the above information on the invoice may cause delay in payment. Payment shall be made on partial deliveries accepted by District. Any purchase orders issued by the

District shall include and incorporate the Purchase Agreement Form included in these documents.

3.5. DELIVERY SCHEDULE

See Instructions and Information for Proposers.

3.6. TERMINATION

The District may, by written notice of default and breach of contract to the vendor, terminate the whole, or any part of their order under this Purchase Agreement if:

A) The vendor fails to make delivery within the time specified herein; or B) The products received are of inferior quality and not the same as specified or shown at the sampling. These items shall be returned at the vendor’s cost. Vendor shall arrange for pick up after written notification by the

District. Vendor shall be responsible for cost of replacement if purchaser deems it necessary to procure suitable substitute items from supplier other than the original seller. The District may hold inferior items until delivery of suitable items and cost of replacement are suitably concluded; or C) If the vendor fails or neglects to furnish or deliver any equipment, products, materials or services at the prices quoted, or at the times and places stated, or otherwise fails to comply with the terms of this bid document in its entirety, the District reserves the right to purchase the items herein specified from another vendor, after providing the vendor with a three (3) calendar day – (72 HOURS) or a mutually agreed upon timer period between vendor and District. All additional costs or expenses incurred by reason of the failure of the vendor, as above stated, shall be paid by such bidder and its sureties, if any. The price paid by the District shall be considered the prevailing market price at the time such purchase is made. In the event that the District terminates its orders in whole or in part, the District may procure supplies or services similar to those so terminated from other sources, and the vendor shall be liable to the District for any additional costs for such similar supplies or services.

The vendor shall not be liable for any excess costs if the failure to perform under this Purchase Agreement arises out of causes beyond their control as determined by the District. Such causes may include: acts of God or of the public enemy, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather. Normal price increases are excluded from this section. The vendor shall be required to deliver all supplies or services under the Purchase Agreement, which are not terminated. If it should be determined that the District has improperly terminated this Purchase Agreement for default, such termination shall be deemed to be for District’s convenience as set forth below.

District shall have the right to terminate this Purchase Agreement in whole or in part at any time and without cause or for District’s convenience by written notice to vendor, and vendor shall immediately cease work hereunder upon receipt of such notice. In the event of a termination without cause, the District shall pay the vendor for all goods, materials and services provided and delivered by vendor and accepted and approved pursuant to this Purchase Agreement up until the date of notice of termination for convenience. In no event shall

District pay vendor or be liable to vendor for loss of any anticipated profits or consequential or incidental damages.

3.7. INSPECTION AND ACCEPTANCE

Inspection and acceptance of all items shall be at destination. Items found to be defective or not in accordance with the bid specifications shall be replaced by the vendor at no additional cost to the District. Failure to replace items not meeting proposal specifications and/or defective items shall be considered sufficient cause for default.

All substitutions must have prior approval.

All items provided under this proposal shall meet or exceed the proposal specifications and shall comply with all

Federal and State laws governing their production, handling, and processing. Unacceptable products shall be replaced by the proposer at no cost to the District. Failure to replace said items within 24 HOURS from receipt or mutually agreed upon time period between vendor and District shall be considered sufficient cause for default and breach of contract.

Should any items be subject to a recall by any applicable agency, manufacturer, supplier, etc. the vendor shall replace all recalled items and replace them with items of suitable quality and performance (as determined by the

District) at no additional cost to the District.

3.8. INSURANCE

Without limiting vendor’s indemnification of the District, vendor shall provide and maintain at its own expense during the term of the resulting contract, the following policies of insurance covering its operations hereunder.

Such insurance shall be provided by insurer(s) authorized to transact business in California and satisfactory to the

District and evidence of such policies shall be delivered to the District on or before the effective date of the

Contract. Such evidence shall specifically identify the Contract and shall contain express conditions that the

District is to be given at least thirty (30) days written notice in advance of any modification or cancellation of any policy of insurance.

A. General Liability Such insurance shall be primary to and not contributing with any other insurance maintained by the District, and shall name Fontana Unified School District and its officers, Board members, employees, agents, and volunteers as an additional insured, and shall include but not be limited to:

1. Comprehensive General Liability Insurance Endorsed for Premises-Operations, Products/Completed Operations, Blanket Contractual, Broad Form

Property Damage, and Personal Injury with a combined single limit of $2,000,000.00 per occurrence.

2. Comprehensive Automobile Liability Endorsed for all owned, non-owned and hired vehicles with a combined single limit of $2,000,000.00 per occurrence.

B. Workers’ Compensation A program of Worker’s Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, and which specifically covers all persons providing services on behalf of the vendor and all risks to such persons under the Contract. Such coverage, however, shall not be less than one million dollars ($1,000,000.00).

C. Product Liability Vendor must maintain liability insurance including extended coverage for product liability in an amount not less than one million dollars ($1,000,000.00) combined single limit.

D. Proof of Coverage The vendor shall immediately furnish certificates of insurance to the District’s Purchasing Department administering the Contract evidencing the insurance coverage, including the additional insured endorsements above required, prior to the commencement of performance of services hereunder. Vendor shall maintain such insurance from the time vendor commences performance of services hereunder until the completion of such services. Within five (5) days of the award of the Contract (or sooner if requested by the District), the vendor shall furnish copies of the policies and all additional insured endorsements. Failure to provide all required insurance information and documents shall result in the vendor being deemed non-responsive.

3.9. CAL-OSHA

The vendor certifies by delivery, that all items furnished under the Contract meet or exceed applicable CAL-

OSHA Codes.

3.10. INDEPENDENT CONTRACTORS

While providing the items included herein, the vendor is an independent contractor and not an officer, employee, or agent of the District.

3.11. ANTI DISCRIMINATION

It is the policy of the soliciting groups that in connection with all services performed for the District, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age or marital status, and therefore, the bidder agrees to comply with applicable Federal and California State laws. In addition, the vendor agrees to require like compliance by all subcontractors it employs or uses.

3.12. ASSIGNMENT OF THE CONTRACT

No Contract awarded under this proposal shall be assigned without the prior written approval of the District.

3.13. LIABILITY/COPYRIGHT

The vendor shall hold the District, its officers, Board members, agents, servants and employees harmless from liability of any nature or kind whatsoever on account of use by the publisher or author, manufacturer, or agent, of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used under the Contract.

3.14. DISCLOSURE INFORMATION

All disclosure, certification and non-collusion forms or declaration and any other required documents contained in this proposal must be completed and submitted with the sealed proposal packet.

3.15. BUY AMERICAN PROVISIONS

Buy American Provisions: Proposals must comply with, and the vendor agrees to meet all requirements of the

Buy American Provisions pursuant to Senate Bill 490, the Buy American Food Act, Food and Agriculture Code section 58596.1, et seq., AB 778, and Food and Agriculture Code section 58595. “Agricultural food products” are defined to mean any fresh or processed product including, but not limited to, fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, grains, livestock meats, poultry meats, rabbit meats, and fish, including shellfish. Pursuant to the Buy American Food Act, only agricultural food products grown, packed, or processed domestically are authorized to be provided pursuant to the contract unless any of the following exceptions apply:

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

• The quality of the domestic agricultural food product is inferior to the quality of the agricultural food product grown, packed, or produced nondomestically; or

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

In order to determine compliance with the Buy American Provisions, Proposers awarded the contract will be required to provide documentation certifying compliance with the requirements of the Buy American Provisions, as mandated by the Buy American Food Act including, without limitation, specific information about the percentage of U.S. content in any processed end product.

Vendor acknowledges and agrees to comply with the Buy American Food Act (Food and Agriculture Code section 58596.1, et seq., California Senate Bill 490), and provide District with all documentation necessary enabling District to confirm vendor’s compliance.

3.16. ENERGY POLICY AND CONSERVATION ACT

Successful Proposer must be in compliance with the requirements of 42 USC section 6201, which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this act.

4. Specifications

4.1. INTRODUCTION

The Fontana Unified School District (FUSD) is inviting proposals from qualified individuals, firms, partnerships, corporations, associations, or professional organizations for Proposals and quotes to provide to FUSD.

The Fontana Unified School District (FUSD) is accepting proposals from experienced and proven suppliers to provide DRY, FROZEN AND REFRIGERATED FOOD and deliver to their campuses within the city of Fontana

(refer to Fontana Unified School District map). The Fontana Unified School District serves students in grades Pre-

K to 12 and is comprised of thirty (30) elementary schools, seven (7) middle schools, one (1) middle/high school, five (5) comprehensive high schools, and one (1) alternative high school. Three (3) of the comprehensive high schools serve as production kitchens. FUSD serves approximately 6 million meals per year.

4.2. TIME AND PLACE OF PROPOSAL SUBMISSION

All proposals shall be made and presented through the Procurement Portal for RFP No. 26/27-0002 DRY, FROZEN AND REFRIGERATED FOOD on or before 2:00 pm on Wednesday, June 24, 2026. Proposals received after the time specified or after any extensions will NOT be accepted.

4.3. SCHEDULE OF EVENTS

The following are key dates for this RFP. The District is committed to adhering to this schedule; however, reserves the right to make modifications.

Issue Date: June 5, 2026

Questions Due: June 15, 2026, 2:00pm

Proposal Due: June 24, 2026, 2:00pm

Tentative Award of Contract: July 22, 2026

*Dates are subject to change.

4.4. DEFINITIONS

“District” means Fontana Unified School District. “Proposer, Vendor or Distributor” means offeror that submits a proposal in response to this solicitation. “Successful Vendor, Proposer or Distributor” means Proposer to whom award is made.

4.5. DISTRICT’S OBJECTIVES

The objective of this Request for Proposal (RFP) is to identify and contract with a qualified vendor to supply and deliver fresh, high-quality dry, frozen and refrigerated food products for students within our District. The selected vendor will be expected to provide a variety of dry, frozen and refrigerated food product options that meet the nutritional standards and dietary needs of our students, while ensuring timely and reliable delivery to multiple school locations within the district.

4.6. SCOPE OF SERVICES

The selected vendor will partner with the District over the term of the contract resulting from this solicitation to provide all labor, materials, transportation, and supervision necessary to furnish and deliver dry, frozen, and refrigerated food products for use in the District’s Food Services Program, in accordance with the terms, conditions, and specifications set forth in this Request for Proposals (RFP).

All products and services provided under this Agreement shall comply with applicable federal, state, and local laws and regulations, including, but not limited to, United States Department of Agriculture (USDA) requirements, California Department of Education (CDE) guidelines, California Health and Safety Code, and all applicable food safety and sanitation standards.

The selected vendor shall ensure that:

• All food products meet USDA Child Nutrition Program requirements, including meal pattern standards and the USDA Food Buying Guide, where applicable.

• All applicable Buy American provisions (7 CFR §210.21(d)) are followed and properly documented when exceptions are necessary.

• Products are obtained from approved sources that are licensed, inspected, and compliant with USDA, FDA, and California Department of Public Health (CDPH) regulations.

• All items are properly labeled in accordance with federal and state requirements, including ingredient statements, allergen declarations, and nutritional information. Child Nutrition (CN) labels and or Product

Formulation Statements (PFS) shall be provided per the specifications of this RFP.

The selected vendor shall:

• Deliver products in a timely manner, in quantities and at locations specified by the District, and in accordance with established delivery schedules.

• Maintain required temperature controls during storage, handling, and transportation (frozen foods at 0°F or below; refrigerated foods at 41°F or below, unless otherwise specified).

• Ensure that all delivered products are fresh, wholesome, free from defects, and have adequate remaining shelf life.

• Maintain a food safety program consistent with Hazard Analysis and Critical Control Point (HACCP) principles.

• Provide responsive customer service, including order accuracy, timely communication, and issue resolution.

The District reserves the right to inspect all products and delivery conditions for compliance with specifications.

The District may reject any products that do not meet required standards, and the vendor shall promptly replace or issue credit for such products at no additional cost to the District.

4.7. MINIMUM QUALIFICATIONS

In order to be found sufficiently qualified to submit a response to this proposal, a firm must meet the following minimum requirements to be considered responsive to this RFP. Failure to meet any of the requirements may result in disqualification.

A. Licensing and Compliance o Must hold all applicable federal, state, and local licenses and permits required to distribute food products in the State of California.

o Must comply with all USDA, CDE, FDA, CDPH, and local health department regulations.

B. Experience o Must have a minimum of three (3) years’ experience providing dry, frozen, and refrigerated food products to institutional or school food service programs of similar size and scope.

C. Food Safety o Must maintain a documented food safety program based on HACCP principles.

o Facilities must be subject to inspection by appropriate regulatory agencies.

D. Product Compliance o Must be able to supply products that meet USDA Child Nutrition Program requirements, including

CN labeling and/or Product Formulation Statements (PFS), when applicable.

o Must comply with Buy American requirements (7 CFR §210.21(d)).

E. Delivery Capability o Must demonstrate the ability to provide reliable, on-time deliveries to multiple sites or a central warehouse, as required by the District.

o Must maintain proper temperature control for all products during storage and delivery.

F. Insurance o Must be able to provide proof of insurance meeting District requirements, including general liability, automobile liability, and workers’ compensation coverage after award.

G. Financial Stability o Must demonstrate financial stability sufficient to fulfill contract requirements, upon request by the

District.

H. References o Must provide a minimum of three (3) references from current or recent clients, preferably school districts or similar public agencies.

4.8. PRICING/PROPOSAL FORM

Proposal FormBidders are required to complete the Proposal Form fully and accurately for each line item. The

Proposal Form serves as the basis for bid evaluation and contract award; therefore, strict adherence to these requirements is mandatory.

For each item offered, bidders must clearly identify the manufacturer's name and the manufacturer's item number exactly as issued by the manufacturer. Bidders must also provide their bidder or distributor item number for traceability and verification purposes.

Equal/Alternate Items If a bidder is offering an equal/alternate item(s), the bidder must clearly disclose the equal/alternate by completing all required fields, including the Equal/Alternate Item Description, Equal/Alternate Manufacturer Name and Item

Number, and all applicable pricing.

In addition, bidders proposing equal or alternate items must submit specification sheets and all required Product

Formulation Statements (PFS) for each equal/alternate item offered. These documents must be sufficient to allow the District to evaluate the alternate for technical compliance, functional equivalency, and regulatory requirements.

Failure to submit complete and accurate specification sheets and PFS documentation for equal/alternate items may result in the proposal being deemed non-responsive.

Pack Size / Unit of Measure If the item offered differs from the specified pack size or unit of measure, bidders must disclose the proposed alternate pack size and/or unit of measure. Disclosure is required to enable accurate price comparison and ensure fair and equal evaluation among bidders.

No Bid Items If a bidder elects not to submit a bid for a particular line item, the “No Bid” box must be checked for that item.

Leaving a line item blank without selecting the No Bid designation may be construed as an incomplete submission.

Completeness and Responsiveness Each line item must contain either complete product and pricing information or a clearly indicated No Bid selection. Submissions with missing, inconsistent, or ambiguous information—including required documentation for equal/alternate items—may be deemed non-responsiveand rejected without further consideration.

Incomplete entries may result in proposals being deemed non-responsive.

All unit prices submitted in response to this solicitation shall be firm, fixed prices for the entire contract period stated in the bid. Prices shall be net, including but not limited to, all costs associated with production, packaging, delivery, transportation, fuel, overhead, warranties, and any other charges necessary to deliver the products specified and must be held firm through June 30, 2027.

No fuel surcharges, additional or separate fees may be added after award.

Sales tax shall not be included in bidder's quotation, as required sales tax is paid by the District. All costs for delivery, drayage, insurance, freight, fuel, or the packing of said items are to be borne by the bidder.

4.9. SUBSTITUTION FOR RFP-SPECIFIED ITEMS

Whenever these specifications reference a food product by brand name, trade name, proprietary designation, or manufacturer, such reference is intended solely to establish the minimum quality, standard, or performance level required and shall be interpreted to include the phrase “or equal.”

Bidders may propose equal or alternative food products; however, bidders must clearly identify such substitutions and submit complete product documentation for each equal/alternate item proposed. Required documentation shall include, at a minimum:

• Manufacturer’s product specifications sheets

• Ingredient statements and nutrition facts labels

• All required Product Formulation Statements (PFS)

• Documentation of compliance with applicable federal, state, and local food safety and regulatory requirements

Upon request by the District, bidders shall provide product samples of proposed equal/alternate items within five

(5) calendar days at no cost or obligation to the District for purposes of evaluation, testing, or review. The District will notify the bidder in writing whether the proposed substitution is approved as an “equal.”

Samples not consumed, altered, or destroyed during evaluation will be returned to the bidder, if feasible. All costs associated with providing samples and supporting documentation shall be borne by the bidder.

Substitution of products after contract award will not be permitted. The District reserves the right to reject any food products furnished that, in its sole judgment, do not strictly comply with the specifications or fail to meet the quality, safety, or performance standards established by the bid documents or approved sample. Any rejected products shall be promptly removed and replaced at the bidder’s expense.

Failure to comply with these substitution requirements, including failure to provide requested documentation or samples (when applicable), may result in the item being deemed non-responsive and ineligible for award.

4.10. INTERVIEW/REFERENCE CHECKS

The District, at its sole discretion, may elect to conduct interviews with finalists, or directly select a Distributor based on the response to this proposal solicitation.

The District may perform investigations of proposing Distributors that extend beyond contacting the references identified in the proposals. Following the evaluation/interviews, the selection committee will make recommendations to the Superintendent and Board of Education regarding the candidates. The criteria for these recommendations will include those identified above.

4.11. AWARD OF CONTRACT

Subject to the provisions herein, award will be made to one or more responsible proposers with the “highest scored,” responsive proposal, giving appropriate consideration to the evaluation factors stated herein. The District reserves the right to make an award to other than the lowest price proposal. Price alone will not be the sole determining factor in the selection process. Award will be based on the highest number of points given during the evaluation process ad indicated in the Evaluation Criteria included in the proposal documents. The decision resulting from the evaluation process as to which proposal best meets the needs of the District remains the sole responsibility of the District and is final.

The District reserves the right to enter into one contract, or award multiple contracts, for this work. The District may award based on the highest rated proposal and interview to one Distributor without further discussions, or interviews with other Distributors. The District is not obligated to invite any or all finalists for an interview.

In the event an award is made to a proposer/s, and such proposer fails or refuses to execute the contract and provide the required documents within five (5) calendar days after notification of the award, the District may cancel the award and negotiate with the next highest ranked proposer or reject all proposals.

4.12. TERM OF CONTRACT

The initial contract period will be effective August 1, 2026 through June 30, 2027, with the option to renew up to two (2) additional years, in one (1) year increments, not to exceed three (3) years , in accordance with Education

Code Section 17596.

Renewal is contingent upon mutual agreement (expressed in writing), competitive pricing and all terms and conditions of the original contract being met to the satisfaction of the District.

The District reserves the right to terminate the contract at the end of each annual period.

4.13. PIGGYBACK

This solicitation and any resulting contract are intended solely for the use of Fontana Unified School District and shall not be used by other entities or agencies.

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