RFP_25-4837_NS_Milk_and_Dairy_Products.pdf

MODESTO CITY SCHOOLS

Purchasing Department

426 Locust Street Modesto, CA 95351

(209) 574-1613

REQUEST FOR PROPOSAL

RFP #25-4837

NUTRITION SERVICES

MILK AND DAIRY PRODUCTS

DUE DATE:

No later than 3:00 p.m. PST on

Friday, May 2, 2025

Modesto City Schools RFP #25-4837 Nutrition Services Milk and Dairy Products 2

TABLE OF CONTENTS

Page

Important Notice to All Proposers 3

Submittal of Proposal and Timeline 4

Introduction, Background and General Conditions 5

Proposal Submittal Instructions 12

Evaluation Criteria 20

Award of Contract 22

SUBMITTAL CHECKLIST

In addition to areas Proposers will certify in OpenGov, Proposers must ensure their RFP Packet includes the following:

Pricing Sheet (Attachment #B) Buy American Provision & CA Food & Agriculture Code Certifications (Attachment #C) Iran Contracting Act Certification (Attachment #D) Delivery Locations (Attachment #E) Nutritional Information (Spec Sheets) When Applicable

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IMPORTANT NOTICE TO ALL PROPOSERS

Notice is hereby given that sealed proposals for RFP #25-4837 Nutrition Services Milk and Dairy Products will be received via the District’s e-Procurement Portal OpenGov Procurement at https://procurement.opengov.com/portal/mcs4kids no later than 3:00 p.m. PST on Friday, May 2, 2025.

Specifications and Instructions to Proposers are on file and may be obtained from the Modesto City Schools Purchasing Department, 426 Locust Street, Modesto, CA 95351, (209) 574-1613.

Documents may also be downloaded from the District’s e-Procurement Portal, OpenGov Procurement at https://procurement.opengov.com/portal/mcs4kids.

Modesto City Schools (MCS) reserves the right to reject any and all proposals and to waive any irregularity or informality in the RFP process.

The District may, during the proposal period, advise the Proposer by bulletin or addenda of additions, omissions or alterations in the specifications. All such changes shall be included in the proposal and become a part of the specifications as if originally submitted.

Any addenda shall be posted on the District's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this proposal. Failure of any Proposer to receive any such addenda or interpretation shall not relieve such proposer from any obligation under their proposal as submitted.

It is the sole responsibility of each Proposer to periodically check the site for any addenda.

Proposers are to acknowledge receipt of any and all addenda. This shall be done by signing and returning a copy of the addendum page(s) with your proposal, or acknowledging the addendum number(s) on the Proposal Signature Page.

Failure to acknowledge in writing the receipt of any addenda may result in proposal rejection. It is the Proposers’ sole responsibility to see that addenda acknowledgement requirements are met.

All prospective Vendors are hereby instructed not to contact any District staff member, other than the OpenGov contact, regarding this proposal at any time during the proposal process. Any such contact may be cause for rejection of your proposal.

Respondents are advised to review all sections of this RFP carefully, and to follow instructions completely, as failure to do so may result in rejection of the submittal.

https://secure.procurenow.com/portal/mcs4kids https://procurement.opengov.com/portal/mcs4kids https://secure.procurenow.com/portal/mcs4kids https://secure.procurenow.com/portal/mcs4kids https://procurement.opengov.com/portal/mcs4kids

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SUBMITTAL OF PROPOSAL AND TIMELINE

Notice is hereby given that sealed proposals for RFP #25-4837 Nutrition Services Milk and Dairy Products will be received via the District’s e-Procurement Portal, OpenGov, no later than 3:00 p.m. PST on Friday, May 2, 2025.

• Responses must be made on forms prepared by Modesto City Schools and submitted via the District’s e-Procurement Portal.

• All proposals received after said time shall not be accepted by OpenGov.

• Modesto City Schools will not accept hardcopy, fax or e-mail submissions.

• Proposals should be verified before submission. Proposals may not be adjusted after submission to the District. The District will not be responsible for errors or omissions on the part of the firm in preparation of a proposal.

• All proposals must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled.

• Modesto City Schools will not be responsible for late or misdirected proposal submittals.

• Modesto City Schools is not responsible for Proposer’s technology issues with the submission of a proposal.

• If any proposer finds discrepancies in, or omissions from the proposal documents, they must submit request for clarification through the District’s e-procurement system and responses will be posted via same. Modesto City Schools will not be responsible for oral interpretations. All addenda issued during the time of proposal shall be incorporated into the proposal.

• The District reserves the right to request information for clarification of the information submitted and request additional information from any Proposer in determining the most responsive, responsible proposal that best meets the District’s desired services and/or products.

• Proposers may withdraw their proposal, through the e-procurement system any time prior to the scheduled closing time for receipt of proposals.

Proposed Timeline

RFP Release Date Monday, March 31, 2025 (newspaper publication dates: 3/31/25 & 4/7/25)

Deadline to receive Questions/Requests for Information/Clarification Thursday, April 17, 2025, at 5:00 p.m. PST

Deadline for Modesto City Schools to respond to Questions/Requests for Information/Clarification Friday, April 25, 2025, at 5:00 p.m. PST

RFP Due Date Friday, May 2, 2025, at 3:00 p.m. PST Recommendation of Final Selection to Governing Board Monday, June 9, 2025 https://procurement.opengov.com/login

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INTRODUCTION, BACKGROUND, AND GENERAL CONDITIONS

1. INTRODUCTION

This Request for Proposal (RFP #25-4837) contains specifications and related documents covering the request for the purchase of milk and dairy products.

The District is seeking proposals for the purchase of milk and dairy products as specified on the RFP Pricing Sheet. The intent is to award on a line-by-line basis.

This RFP and all subsequent modifications thereto are hereby designated as the sole reference and authority for the preparation of proposals. This release of the RFP supersedes all other documents related to the work to be done. The contents of this RFP and subsequent modifications thereto take precedence over any and all information for the District obtained from any source, either by verbal or written communications.

This RFP shall not be construed, (1) to create an obligation on the part of the District to enter into a contract with any vendor, or (2) to serve as the basis for a claim for reimbursement for expenditures related to the development of a proposal.

2. BACKGROUND

2.1 Overview of Modesto City Schools

Modesto City Schools, hereinafter referred to as (“the District”) serves approximately 30,000 students in the communities of Modesto, Salida, Ceres, Empire, and Riverbank. The District maintains twenty-one TK-6 and one TK-8 schools, four junior highs, seven high schools, an adult education program and one continuation high school. The District serves approximately 3,000 students in the Special Education Local Plan Area. The District is comprised of two separate districts, an elementary and a high school district, governed by a common board. For financial reporting purposes, the District is treated as a single entity.

The District is financed primarily by apportionments from the state and taxes received from local property owners. The District administers a number of special entitlements ranging from Title I, Title II, Title III, Title IV, After School Education and Safety Programs, California Partnership Grants, and others. The District employs approximately 3,000 FTE staff members.

The General Fund Budget is approximately $600 million in the general fund. The accounting system is maintained on a modified accrual basis.

3. GENERAL CONDITIONS

3.1 Definitions

District: The term “the District” as used in these clauses shall be construed to include the Modesto City Schools Elementary District, the Modesto High School District, the Modesto City Schools Board of Education, and all employees, officers and agents of Modesto City Schools

(MCS).

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Proposer/Vendor/Contractor/Respondent/Distributor/Supplier: These terms are interchangeable and used throughout the RFP. They are construed to be one and the same and represent anyone responding to this RFP and/or to whom MCS has awarded a contract.

3.2 Preparation of Proposal Documents

Responses must be made on forms prepared by Modesto City Schools and submitted via the District’s e-Procurement Portal.

Oral, telegraphic, facsimile, telephone, or hard copy RFP Packets will not be accepted.

RFP Packets received after this date and time will not be accepted and will be returned unopened. Modesto City Schools is not responsible for Proposer’s technology issues with the submission of a proposal.

Each submittal must conform and be responsive to the requirements set forth in this RFP.

The District reserves the right to waive any informalities or irregularities in the RFP Packets.

The District also reserves the right to reject any and all RFP Packets and to negotiate contract terms with one or more Proposers. The District retains the sole discretion to determine issues of compliance and to determine whether a program management respondent is responsive, responsible, and qualified.

The District hereby notifies all Proposers that it will affirmatively insure that, in any contract entered into pursuant to this advertisement, no Proposer will be discriminated against on the grounds of race, color, age, national origin, ancestry, gender, transgender status, marital status, political affiliation, religion, medical condition or physical disability on consideration for the award.

It is the sole responsibility of the person submitting the proposal to see that it is submitted on time.

3.3 Signature

The proposal must be signed in the name of the Proposer and must bear the signature of the person authorized to sign proposals on behalf of the Proposer.

3.4 Completion of Proposals

Proposals shall be complete in all respects as required by the instructions herein. A proposal may be rejected if it is conditional or incomplete, or if it contains alterations of form or other irregularities of any kind. A proposal will be rejected if, in the opinion of the Director I, Purchasing, the information contained therein was intended to erroneously mislead the District in the evaluation of the proposal.

3.5 Erasures

The proposal submitted must not contain erasures, interlineations, or other corrections unless each correction is authenticated by signing in the margin immediately opposite the correction the name of the person signing the proposal.

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3.6 Examination of Contract Documents

Proposers shall thoroughly examine the contents of the RFP. The failure or omission of any Proposer to receive or examine any contract documents, form, instrument, addendum, or other document shall in no way relieve the Proposer from obligations with respect to the RFP or to the contract to be awarded. The submission of a proposal shall be taken as prima facie evidence of compliance with this Section.

If the Proposer discovers any ambiguity, conflict, discrepancy, omission, or other errors in the RFP, they shall immediately notify the Director I, Purchasing of the error and request modification or clarification of the document. Clarifications shall be given by written notice to all Proposers participating in the RFP, without divulging the source of the request. Modifications shall be made by addendum issued pursuant to Section 3.7 below.

If a Proposer fails to notify the Director I, Purchasing of an error in the RFP before the date scheduled for submission of proposals, or of any error that reasonably should have been known to them, they shall submit the proposal at their own risk. If the contract is awarded to the Proposer, they shall not be entitled to additional compensation or time by reason of the error or its subsequent detection.

3.7 Addenda

The Director I, Purchasing may modify this RFP before the date scheduled for submission of proposals by issuance of an addendum to all parties who received the RFP for the purpose of submitting a proposal. Addenda shall be numbered consecutively as a suffix to the RFP reference number.

3.8 Modification of RFP Response

The Proposer may modify their proposal after its submission through the OpenGov platform only. Withdrawal and re-submission must occur before the date and time specified for receipt of proposals. Modification will not be considered if offered in any other manner.

3.9 Withdrawal of Proposal

The Proposer may withdraw their proposal through the OpenGov platform only. The Proposer may thereafter submit a new proposal before the proposal submission date. Proposals may not be withdrawn after the proposal submission date and time.

3.10 Rejection of Proposals

Modesto City Schools reserves the right to reject any or all proposals received in response to this RFP.

3.11 Misunderstandings

The RFP documents will be clarified by the Director I, Purchasing upon written request from the Proposer. The decision of the Director I, Purchasing shall be final in any matter of interpretation of the documents.

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3.12 Cost of Preparation of Proposals

Costs for developing responses to this RFP are entirely the responsibility of the Contractor/Vendor and shall not be chargeable to the District.

The District accepts no financial responsibility for any costs incurred by the Vendor in the course of responding to this RFP and/or any costs (e.g., travel expenses, time and materials, etc.) the Vendor incurs as a result of participating in any of the evaluation stages that may be required of a Vendor being considered for contract award. Any costs incurred by the Vendor in association with this RFP process are the sole responsibility of the Vendor.

3.13 Review of Proposals

During the review of proposals, the District may request information for clarification of the information submitted and request additional information from any Proposer in determining the most responsive, responsible proposal that best meets the District’s desired services and/or products.

3.14 Qualifications of Vendor

The District reserves the right to request qualification information from any Vendor before issuing documents, receiving proposals, or awarding a contract. The District may, at its sole discretion, accept or reject Vendors as qualified. The right to waive any informality in qualification materials is reserved by the District. The Vendor, in submitting his/her proposal, agrees to accept the decision of the District as final.

Vendors shall provide full disclosure of all existing client relationships that currently or prospectively may give rise to conflicts of interest and disqualification as governed by the codes of rules of professional responsibility and conduct.

3.15 Errors in Proposal

Proposers shall be bound by the terms and conditions of their proposals notwithstanding the fact that errors are contained therein. However, if immaterial errors are found in a proposal, the Director I, Purchasing may notify the Proposer that their proposal contains errors and require the Proposer to correct the errors.

3.16 Contract Documents

Documents included in this RFP are complementary. Work called for by one shall be binding as if called for by all.

3.17 Related Experience/References

Each Proposer shall submit with their proposal, two (2) clients with similar needs for a district size similar to Modesto City Schools, for whom they have provided food items for during the past two (2) years. The references shall include the names and addresses of each client, the names, titles and telephone number of each client’s manager, and a description of the purchase.

During the evaluation and selection process, the Director and Nutrition Services may contact each of the references.

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3.18 Evidence of Responsibility

Upon request of the District, a Proposer whose response is under consideration for award shall promptly submit satisfactory evidence showing sufficient financial resources. The District may also request the name of references for which similar supplies were provided during the previous year.

3.19 Covenant Against Contingent Fees

Proposer warrants that no person or selling agency has been employed or retained to solicit or secure the contract to be executed as a result of this Request for Proposal, upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide established commercial or selling agencies maintained by the Proposer for the purpose of securing business.

For breach or violation of this warranty, the District shall have the right to terminate any contract that may be entered into with the Proposer and, in its sole discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.

3.20 Collusion/ Disqualification of Proposer

If there is reason to believe that collusion exists among the Proposers, MCS may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. A person, firm, or corporation who has submitted a sub-proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers. Reasonable grounds for believing that any Proposer is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, MCS may refuse to consider proposals from participants in such collusion. Proposers shall submit as part of their proposal documents the completed Non-Collusion Affidavit provided herein.

3.21 Non-Discrimination Clause

It is the policy of Modesto City Schools that in connection with all services performed, 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 Proposer agrees to comply with applicable Federal and California State laws including, but not limited to, Sections 1410 and 1735. In addition, the Proposer agrees to require like compliance by all subcontractors employed by him/her.

3.22 Compliance with Civil Rights

Proposer hereby assures that he/she will comply with Subchapter VI of the Civil Rights Act of 1964, USC Sections 2000 e through 2000 e (17) to the end that no person shall, on the grounds of race, creed, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the Agreement or under any project, program or activity supported by the Agreement.

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3.23 Insurance and Indemnification

General liability and property damage insurance protecting from claims arising out of the delivery of items caused by a negligent act, error, or omission of the Proposer, or act for which the Proposer is legally liable, shall be provided in an amount of not less than $1,000,000. The professional liability insurance shall remain in full force and effect for a period of two years after the termination of this contract.

The Proposer shall furnish to the District certificates of such insurance annually on the anniversary of the contract, signed by an authorized representative of the insurance carrier, which shall name the District as additional insured’s and shall be endorsed as follows: “The insurance afforded by this policy shall not be suspended, cancelled, reduced in coverage or limits or non-renewed except after thirty days written notice by certified mail, proof of delivery requested, has been given to the District”.

Proposer agrees to indemnify, defend, and hold Modesto City Schools harmless from any patent, copyright, trademark, or trade secret infringement claim or cause of action, or any similar intellectual or proprietary rights infringement claim or cause of action, which are based on or related on goods or services sold or used by the Vendor in connection with this Agreement.

Proposer shall defend any such claims or causes of action at its own expense, and the District shall have the right to have such litigation monitored by its own counsel at District expense.

The Proposer shall indemnify, defend and save the Modesto City Schools Board of

Education, and all employees, officers and agents of Modesto City Schools, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, interest, attorney's fees, costs and expenses or whatsoever kind or nature whether arising before final acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of any act, omission, or negligence whether active or passive of the Proposer or of anyone acting under its direction, control, or on its behalf in connection with, or incident to performance of the contract; without limiting the generality of the foregoing, the same shall include injury or death of any person or persons and damage to any property, regardless of where located, including without limitation the property of the District, the Proposer, the Proposer employees, and all other persons. The Proposer’s aforesaid indemnity and hold-harmless agreement shall not be applicable to any liability caused by the sole active negligence of the School District.

3.24 Independent Contractor

While performing services pursuant to this Agreement, Proposer is an Independent Contractor and not an officer, agent, or employee of the District.

3.25 Assignment of Contract

The Proposer shall not assign or transfer, by operation of law or otherwise, any or all of their rights, burdens, duties or obligations without the prior written consent of the District.

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3.26 Appropriations and Allotment of Funds

Performance by Modesto City Schools under the Agreement may be dependent upon the appropriation and allotment of funds by Nutrition Services. If Nutrition Services fails to appropriate or allot the necessary funds, or the Board fails to allocate the necessary funds, Modesto City Schools may terminate this Agreement without further duty or obligation under the Agreement, except for payment for such fees or services incurred. Vendor acknowledges that appropriation, allotment, and allocation of funds are beyond the control of Modesto City Schools.

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PROPOSAL SUBMITAL INSTRUCTIONS

1. PROPOSAL DOCUMENTATION REQUIREMENTS

Each line item will be considered separately. All products must also include the following documentation:

• Nutrition information and ingredient statements.

• As required by FDA, Allergen Statement MUST be included for top 9 allergens: sesame, milk, eggs, peanuts, tree nuts, fish, shellfish, soy, wheat (All products must be peanut free and produced on equipment not shared with peanuts).

• Child Nutrition (CN) Label (when applicable), Nutrition Analysis Sheet, Product Specification Sheet, Product Formulation Statement, or nutrition label must be provided before award is made.

• Failure to provide CN Label or Product Formulation Statement, and nutrient and specification sheets as requested may be cause for rejection of proposal.

• Buy American Provision and California Food & Agriculture Code Certification.

2. COMPLIANCE WITH FEDERAL AND STATE CODES

BUY AMERICAN AND CALIFORNIA FOOD & AGRICULTURE CODE: As required by the Buy American Provision, school food authorities are required, to the maximum extent practicable, to purchase domestic commodities or products as specified by Code of Federal Regulations: 7 CFR Part 210.21 (d) AND California Department of Education Senate Bill 490 and Assembly Bill 778.

Modesto City Schools participates in the National School Lunch Program, School Breakfast Program, and After School Snack Program and is required to use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products for Program meals. For foods that are unprocessed, the agricultural commodities must be domestic, and for foods that are processed, they must be processed domestically using domestic agricultural food components that are comprised of over 51% domestically grown items, by weight or volume. A domestic creditable food component is the portion that counts toward a reimbursable school meal (meats/meat alternates, grains, vegetables, fruits, and fluid milk).

Modesto City Schools reserves the right to cancel or change an order that contains product not of domestic origin or does not meet the Buy American Provision and/or California Department of Education Senate Bill 490 and Assembly Bill 778.

California law reinforces the Buy American provision by requiring a preference for California-grown agricultural products when quality and price are comparable to out-of-state products. The California Department of Education (CDE) monitors compliance by ensuring the District include Buy American language in procurement and reviewing product compliance during audits.

Proposers must provide the country of origin on invoices to help the District document and track non-compliant purchases.

All milk and dairy products must meet the specifications of the Agricultural Code of the State of California. All products shall conform to the provisions set forth in the Federal, State, County, or City laws for their productions, handling, processing, and labeling. Packages shall be so constructed as to insure transportation to point of delivery.

Only certified coloring shall be used which meets the requirement of the U.S. Pure Food and Drug Act.

https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210/subpart-E/section-210.21#p-210.21(d) https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210/subpart-E/section-210.21#p-210.21(d) https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state

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All milk and dairy products shall conform to the minimum dairy food specifications and definitions as shown in the Agricultural Code of California, Chapter 6, Article I: Milk Section 560, Dairy Products Section 561.

Proposers certify that they understand and agree with the following policies:

• Proposers will provide a Buy American Statement for all products indicating compliance with the Buy American Provision AND California Department of Education Senate Bill 490 and Assembly Bill 778.

• Proposers will give sufficient notice to Modesto City Schools to cancel or modify any order that contains product not of domestic origin.

• Proposers will accept responsibility for any costs incurred for product returned by Modesto City Schools when insufficient notice of non-domestic product is delivered.

• Proposers will accept responsibility for any costs incurred when product does not meet the Buy American Provision and/or California Department of Education Senate Bill 490 and Assembly Bill 778.

• Proposers are required to provide spec sheets for items awarded on the proposal that are no older than two (2) years old. If spec sheet is older than two (2) years, a written statement from the manufacturer must be provided that the spec sheets are the same.

• Proposers are required to sign the Buy American and California Food & Agriculture Code Certifications (Attachment #C) and submit it with their Proposal package.

CLEAN AIR ACT: (42 U.S.C. 1847(h)): The District and Vendor shall comply with all applicable standards, orders, or regulations issued. For contracts in excess of $150,000, the District and Vendor shall comply with the Clean Air Act (42 U.S.C. sections 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. Section 1251) as amended (Appendix II to 2 CFR, Part 200). The Contractor agrees to report each violation of the Clean Air Act and Federal Water Pollution Control Act to the District and understands and agrees that the District will, in turn, report each violation as required to assure notification to the appropriate Environmental Protection Agency Regional Office, the Federal awarding agency, or the USDA. The Contractor agrees to include these requirements in each subcontract exceeding $150,000.

IRAN CONTRACTING ACT:

Pursuant to California Public Contract Code §§ 2202-2208, commonly referred to as the “Iran Contracting Act of 2010,” a proposer/bidder for a contract equal to or in excess of one million dollars ($1,000,000) must complete, sign and submit a certification at the time of proposal submission for a new contract or renewal of an existing contract, thereby certifying that the proposer/bidder is not identified on the California Department of General Services (DGS) list of ineligible businesses or persons and that the proposer/bidder is not engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010. All Proposers are required to sign this certification (Attachment #D) and submit it with their proposal package.

3. BRANDS, SIMILAR PRODUCTS, “OR EQUAL”

• Whenever the processor’s name or label is given, it is used for the purpose of identification or description and an approved equal may be proposed unless otherwise indicated in the item description.

• If Proposer is quoting on the exact brand name and number specified on the Pricing Sheet, Proposer must indicate “as specified.” If Proposer is quoting different from specified, Proposer must indicate the brand, catalog number, and unit (pack size) in the column provided for this information.

https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state

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• If an item description does not state, “or approved equal,” a substitute is not acceptable.

• If no brand is specified, multiple brands may be considered.

• Proposers are to indicate in the space provided on the Pricing Sheet the item number of each product and pack size if different than specified. Once product item number, and pack size have been established in a contract as submitted with their RFP Packet, the Vendor is expected to maintain those product item numbers, and pack sizes. It is intended that the item numbers shown on each product order guide will remain uniform and constant throughout the contract year. This will help establish a mutual reference to items. If item number or pack sizes of product changes, the Vendor is expected to communicate this information to the District.

4. SAMPLES:

• Samples are required if Vendor is proposing/quoting item brands other than those specified, or where no brand is indicated. Supplies/samples must be submitted free of charge to Criss Atwell, Nutrition Services Senior Director, Modesto City Schools, 1200 N. Carpenter Road, Modesto, CA 95351. Samples must be submitted on or before the closing date and time of this RFP. All packages containing samples must be clearly identified as to the RFP number and item number under which it is to be considered, manufacturer name, and manufacturer product number. If substitute is agreed upon that is not on the original proposal, the substitute can be used after agreement and acceptance between the District and Vendor.

• Samples which do not comply with these instructions may not be considered for the award.

All samples become the property of the District unless otherwise agreed to between the District and the Vendor.

• Failure to provide samples may automatically exclude a Proposer from that item.

5. QUANTITIES

• The successful Proposer shall furnish and deliver the quantities as required by the District.

• All quantities are estimated for an annual time period, are for Vendor information only, and shall not be binding upon Modesto City Schools or the Nutrition Services Program.

The District reserves the right to increase or decrease the number of the units specified in one or multiple orders. Quantities listed as part of this RFP are estimated based on historical usage and for evaluation purposes only. The District will order in quantities best suited to their needs and storage facilities. The District does not guarantee purchase of any quantity and will place future orders on an as needed basis.

• On the Pricing Sheet, some items show an estimated usage of zero (“0”). In accordance with USDA guidelines on micropurchases, the District requests that Vendors provide a price quote if they can offer these items. This ensures that, should the District decide to purchase the item(s) during the contract period, the District has the necessary pricing information to proceed.

• Please note that beginning December 31, 2027, AB 2316 will prohibit a school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, from offering a nutritionally adequate breakfast or lunch containing specified substances, including, among others, red 40, blue 1 and yellow 5 and would prohibit a school operated and maintained by a school district or county office of education from selling food or beverages, except for food items sold as part of a school fundraising event, containing those specified substances, as provided. If Vendors are carrying product that contain the above referenced substances, the District reserves the right to terminate the purchase of those items.

Modesto City Schools RFP #25-4837 Nutrition Services Milk and Dairy Products 15

• Milk and dairy product quantities delivered to the schools shall be determined by the cafeteria manager at the school location.

• All overages that occur due to pre-holiday deliveries (e.g., Thanksgiving, Christmas, Easter Vacation, End of School Year, etc.), shall be picked up by the vendor on the last day school is in session and a credit sent to Nutrition Services, 1200 N. Carpenter Rd., Modesto, CA 95351.

6. SUBSTITUTIONS

• The District will not allow substitution from the Pricing Sheet as specified in the awarded contract without prior approval. In the event that the Proposer is unable to deliver an item as specified in this contract, notification of shortage must be made by email to the NS Buyer at least forty-eight (48) hours prior to the scheduled delivery. An equal or better substitute product must immediately be offered.

• In the event that the Vendor is unable to fulfill the quantity of items ordered by the District during the duration of the Agreement period, the District reserves the right to procure the requested items from an alternative vendor. Should no other vendor be capable of supplying the required items, the District may, at its discretion, accept substitute items that were not originally included in the RFP, provided that such substitutes meet the District’s quality specifications and standards. It is the sole discretion of the District to determine whether or not an item will qualify as a proper substitute, regardless of price.

• In the event that the Vendor discontinues offering a specific item, the District reserves the right to purchase the product from another vendor that offers the same product based on competitive pricing and meeting the District’s quality specifications and standards.

• The District reserves the right to purchase items that are needed by the District from other than the awarded Vendor(s) that are not readily available from the awarded Vendor(s). The District reserves the right to acquire from other sources during the life of the contract such like items, as may be required for testing, evaluation, experiment, for special programs of an emergency nature, or whenever the winning Vendor(s) cannot supply.

• In the event of an occurrence caused by Acts of God or of a public enemy, acts of the Government, acts of Modesto City Schools or anyone employed by them, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather, the District reserves the right to request additional items outside the original proposal solicitation to meet its urgent needs from a different vendor.

7. PRICES

Taxes and Additional Fees:

• Prices must be stated in the units specified and include all shipping, handling, delivery charges and surtaxes. No extra charges will be allowed.

• Sales tax, if applicable, is not to be included in the prices quoted. Applicable taxes shall be added by the Vendor to the invoices and shall not be included in the proposal.

• CRV, if applicable, must be included in line-item price.

• If pricing offered from Vendor is notated as “Market Price,” Vendor must include current market price. Failure to include the current market price may disqualify the proposal for the product.

Price Changes:

• Consumer Price Index (CPI) Food Away from Home: Price changes shall not be arbitrary and must directly tie to the United States “Food Away from Home” Consumer Price Index.

• The District reserves the right to negotiate any price change requests and shall not be obligated to accept any price increases. If certain market conditions exist, or industry standards change, which may have a significant impact on the Vendor’s costs associated

Modesto City Schools RFP #25-4837 Nutrition Services Milk and Dairy Products 16 with providing the products and/or services under the Agreement, the Vendor shall communicate via email with the District’s Nutrition Services staff and shall submit proper justification including the rationale and effective date of proposed price change.

• In the event of price increases due to causes beyond the Vendor’s control, the District reserves the right to request additional items outside the proposal solicitation. In the event of occurrence, individual item price solicitation may be pursued. Causes may include but are not restricted to: Acts of God or of public enemy, acts of the Government, subject to Federal Milk Marketing Order (FMMO), acts of Modesto City Schools or anyone employed by them, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather, the District reserves the right to request additional items outside the proposal solicitation. Refer to Section 6 of this RFP for criteria for substitution.

Product/Inventory Shortages:

• The District understand that Vendors may occasionally experience product or inventory shortages during the school year. Vendors are encouraged to communicate such shortages with the District’s Nutrition Services staff either via phone or email. The District will make every effort to follow up on phone communications with an email for record-keeping purposes and expect the same communication from the Vendor.

8. DAIRY PRICING

• PRICE ADJUSTMENTS: Prices for Class 1, 2, and 3 products may be adjusted during the contract period. Adjustments, either upward or downward, will coincide with the release of the State of California, Department of Food and Agriculture, and USDA’s Federal Milk Marking Order (FMMO) Announcement of Minimum Prices for Market Milk. All notifications of price adjustments must be made in writing by the Vendor and received by the Assistant Director, Nutrition Services and Food Service Account Clerk via email, at least five (5) working days prior to the effective date of the adjustment.

a) General Reference: United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Market News. https://www.ams.usda.gov/market-news/dairy.

b) Class 1 Fluid Milk Products: Prices for Class 1 Fluid Milk Products will be adjusted based on the Announcement of Minimum Prices for Class 1 Market Milk released by the Marketing Services Branch of the California Department of Food and Agriculture (CDFA). https://www.cdfa.ca.gov/dairy/prices_main.html.

c) Class 2 and 3 Dairy Products: Prices for Class 2 and 3 Dairy Products may be adjusted based on the Announcement of Minimum Prices for Market Milk, as referenced above, based on changes in the Class 2 and 3 markets, respectively.

9. EXPIRATION DATES/PRODUCT LABELING REQUIREMENTS

• All products must have “best if used by” or expiration date printed on each package or single-serving package as applicable. If expiration date is not clearly indicated, instructions for deciphering expiration must be provided. The District reserves the right to refuse product that is not labeled accordingly.

• All processed and unprocessed product must meet minimum shelf-life requirements set forth by the District. All products must arrive with at least half of the manufacturer shelf life or better. (For example: if the manufacturer states the product shelf life is 100 days, product delivered requires 50-day shelf life remaining or better.)

• Cartons must be coded at time of filling to identify last permissible day of use.

https://www.ams.usda.gov/market-news/dairy https://www.ams.usda.gov/market-news/dairy https://www.cdfa.ca.gov/dairy/prices_main.html

Modesto City Schools RFP #25-4837 Nutrition Services Milk and Dairy Products 17

• Coding on cartons or wrappers must be such that permit a maximum of 5 or 6 days of use;

however, the District requests for a 14-day shelf life at the time of delivery.

• Any product that changes in characteristics from the sweet, pleasing, and desirable item specified and imparts an unpleasant aftertaste shall be considered stale. All stale products shall be picked up by the Vendor and either replaced immediately or a credit issued, depending upon the urgency of the situation. If a product becomes stale due to improper refrigeration or over-ordering, it remains the responsibility of the District

• Inspection and acceptance of all items shall be at the District’s Nutrition Services Warehouse. Items found to be defective or not in accordance with the response specifications shall be replaced by the Vendor at no additional cost to the District.

• Failure to replace items not meeting response specifications and/or defective items shall be considered sufficient cause for default.

• The District reserves the right to refuse product that does not meet the standards of the District.

10. PLACEMENT OF ORDERS AND LEAD TIME

Orders shall be issued directly to the Proposer by the District commencing from proposal award (July 1, 2025 through June 30, 2026). Procedures for ordering and lead times will be mutually agreed upon between the Proposer and the District but shall not exceed fourteen (14) calendar days.

11. COMMENCEMENT OF DELIVERIES

After receiving written notification of award, each successful Proposer shall be required to commence with the delivery of all items which have been awarded immediately after receipt of an MCS Purchase Order. Delivery dates specified on the purchase is hereby declared to be the essence in this contract. Time and manner of delivery are essential factors in proper performance under the contract. Proposer is required to ensure deliveries are made in adequate time.

A 24-hour advance delivery appointment must be made for all deliveries. All items ordered under this agreement shall be delivered F.O.B. to Nutrition Services Warehouse, 1200 North Carpenter Road, Modesto, CA 95351, unless otherwise stated in the Pricing Sheet. Deliveries must have prior approval if not made within the regular delivery time frame. If prior approval is not received, delivery will be refused. Delivery of items shall commence on an AS NEEDED BASIS immediately after receipt of a District Purchase Order. Failure to complete deliveries within 14 calendar days shall be considered sufficient cause for default action under the DEFAULT provision of this proposal. No additional fees shall be charged for small orders.

Product must be delivered damage-free with the integrity of the packaging uncompromised.

Product must be held at the appropriate temperature during all stages of delivery, processing and storage. All products are to be palletized for delivery. Purchase Order number must appear on all delivery receipts and invoices.

• All milk and dairy items shall be delivered as follows:

a. Each school, as specified on the attached list titled DELIVERY LOCATIONS.

Delivery routes to each location are to be established at the beginning of the contract period and shall remain in effect throughout the term of the contract.

b. Nutrition Services Warehouse: 1200 North Carpenter Road School site and Warehouse delivery times: 6:15 AM – 10:15 a.m., Monday-Friday

• The District reserves the right to make additions to, or deletions from, the lists of schools to be served, at any time during the term of the contract.

Modesto City Schools RFP #25-4837 Nutrition Services Milk and Dairy Products 18

• Total weight of milk crate plus milk delivered to site must not exceed 35 pounds. This restriction is necessary due to current bargaining unit/labor agreement weight-lifting restrictions applying to the relative Modesto City Schools labor force affected.

• If the Vendor fails to meet the specified delivery requirements, the District may procure the goods from another source, and recover any loss (the difference between the contract price and the purchase price paid by the District, including any shipping costs) occasioned thereby, from any unpaid balance due the Vendor. The prices paid by the District shall be considered the same prevailing market price at the time such purchase is made.

• Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Vendor. Any repacked products are not acceptable. A Vendor’s delivery record will be seriously considered in the awarding of future contracts.

• The Vendor agrees to permit inspection of any products by the District upon receipt with the right to reject inferior product. Inspection of food product includes but is not limited to products with poor shelf life (see “Expiration Dates”), damaged cases, mislabeled cases, food items that are delivered in improperly insulated refrigeration trucks, and food items with evidence of pests. The District’s decision shall be final.

• Transporting Fresh and Frozen Foods: All frozen/refrigerated food items shall be delivered in properly insulated mechanical or thermostatic temperature-controlled refrigeration equipment. Such equipment must be capable of maintaining a temperature to protect the products. All frozen products must be delivered in a hard frozen state, 10 degrees Fahrenheit or below. All refrigerated items shall be delivered between 32-40 degrees F, unless otherwise specified. Items not meeting temperature requirements will be refused and returned to Vendor at Vendor’s expense.

• Acceptable milk and dairy food cartons must be approved by Modesto City Schools.

Containers must be conducive to EASY opening, be clean and free of milk or other residue, and not be susceptible to spillage or leakage.

12. DRIVING ON PREMISES

Vendor representatives driving motor vehicles on District grounds should use extreme caution.

Vendors may be held liable for any damage caused by drivers or delivery vehicles.

13. SAFETY AND SANITATION

During all stages of processing, distribution, storage and delivery, products shall be kept in an environment to maintain freshness, quality, shelf life and nutritional value and be in accordance with current USDA guidelines and safe food handling practices. The District will only receive product that meets all food safety and sanitation requirements; therefore, the District may at any time:

• Inspect delivery trucks for any signs of contamination

• Check all expiration and “best if used by” dates

• Use thermometers to check temperatures

• Accept product only at acceptable temperatures

• Reject…