Purchase and Delivery of Fresh Bread Products

Board of Education of the Fontana Unified School District will receive sealed bids for Purchase and Delivery of Fresh Bread Products, under Bid No. 26/27-0001 in accordance with the attached specifications, through the Procurement Portal at https://procurement.opengov.com/portal/fusd, no later than 2:00 pm on Tuesday, April 14, 2026.

Fontana Unified School District (FUSD) is a public K-12 school district located in San Bernardino County, California. The District serves a diverse population of approximately 32,000 students across 45 school sites, including elementary, middle, and high schools. FUSD is the second-largest school district in San Bernardino County and is committed to providing equitable access to high-quality education and technology for all students. For additional information on the District, vendors are recommended to visit the District's website at www.fusd.net.

FUSD is seeking vendors to provide fresh bread products for the District Food Services Department. The contract resulting from this bid will have a duration of for up to two (2) additional years, in one (1) year increments.

Project Details

• Reference ID: 26/27-0001
• Department: Purchasing Department
• Department Head: Shamica R. Nance (Sr. Director of Purchasing, Warehouse, and Mail Services)

Important Dates

• Questions Due: 2026-03-25T21:00:00.000Z

Addenda

• Addendum #1 (released 2026-03-30T19:15:10.788Z) —

  This addendum forms a part of the Contract Documents and modifies the original documents dated March 16, 2026. It is intended that all services affected by the following modifications shall conform to related provisions and general conditions of the Bid documents. 

  BID SUBMITTAL DUE DATE HAS BEEN EXTEDED
  The deadline for submitting bids has been extended to Tuesday, April 14, 2026. All sealed bids must be submitted no later than 2:00 p.m. on April 14, 2026.

  Please use the See What Changed link to view all the changes made by this addendum.

Evaluation Criteria

• INTRODUCTION —

  The Fontana Unified School District (FUSD) is inviting Bids from qualified individuals, firms, partnerships, corporations, associations, or professional organizations.

  The Fontana Unified School District (FUSD) is accepting proposals from experienced and proven suppliers to provide fresh bread products 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.

• Fontana Unified School District Sites —

  FUSD Elementary Schools
  Name	Address
  Almond Elementary	8172 Almond Avenue, Fontana, CA 92335
  Beech Avenue Elementary	9206 Beech Avenue, Fontana, CA 92335
  Canyon Crest Elementary	11851 Cherry Avenue, Fontana, CA 92337
  Chaparral Academy of Technology	14000 Shadow Drive, Fontana, CA 92337
  Citrus Elementary	16041 Randall Avenue, Fontana, CA 92335
  Cypress Elementary	9751 Cypress Ave., Fontana, CA, 92335
  Date Elementary	9011 Oleander Avenue, Fontana, CA 92335
  Dolores Huerta International Academy	17777 Merrill Avenue, Fontana, CA 92335
  Dororthy Grant Innovations Academy	7069 Isabel Lane, Fontana, CA 92336
  Hemlock Elementary	15080 Miller Avenue, Fontana, CA 92336
  Juniper Elementary	7655 Juniper Avenue, Fontana, CA 92336
  Kathy Binks Elementary	7358 Cypress Avenue, Fontana, CA 92336
  Live Oak Elementary	9522 Live Oak Avenue, Fontana, CA, 92335
  Locust Elementary	7420 Locust Avenue, Fontana, CA, 92336
  Mango Elementary	7450 Mango Avenue, Fontana, CA 92336
  Maple Elementary	751 S. Maple Avenue, Fontana, CA 92335
  North Tamarind Elementary	7961 Tamarind Avenue, Fontana, CA 92336
  Oak Park Elementary	14200 Live Oak Avenue, Fontana, CA 92337
  O'Day Short Elementary	16613 Randall Avenue, Fontana, CA 92335
  Oleander Elementary	8650 Oleander Avenue, Fontana, CA 92335
  Palmetto Elementary	9325 Palmetto Avenue, Fontana, CA, 92335
  Poplar Elementary	9937 Poplar Avenue, Fontana, CA 92335
  Redwood Elementary	8570 Redwood Avenue, Fontana, CA 92335
  Shadow Hills Elementary	14300 Shadow Drive, Fontana, CA 92337
  Sierra Lakes Elementary	5740 Avenal Pl., Fontana, CA 92336
  South Tamarind Elementary	8561 Tamarind Avenue, Fontana, CA 92335
  Ted J. Porter Elementary	8330 Locust Avenue, Fontana, CA 92335
  Tokay Elementary	7846 Tokay Avenue, Fontana, CA 92336
  Virginia Primrose Elementary	751 N. Maple Avenue, Fontana, CA 92336
  West Randall Elementary	15620 Randall Avenue, Fontana, CA 92335

   

  FUSD Middle Schools
  Name	Address
  Alder Middle School	7555 Alder Avenue, Fontana, CA 92336
  Almeria Middle School	7723 Almeria Avenue, Fontana, CA 92336
  Fontana Middle School	8425 Mango Avenue, Fontana, CA 92335
  Harry S. Truman Middle School	16224 Mallory Drive, Fontana, CA 92335
  Sequioa Middle School	9452 Hemlock Avenue, Fontana, CA 92335
  Southridge Tech Middle School	14500 Live Oak Avenue, Fontana, CA 92337
  Wayne Ruble Middle School	6762 Juniper Avenue, Fontana, CA 92336

   

  FUSD High Schools
  Name	Address
  A.B Miller High School	6821 Oleander Avenue, Fontana, CA 92336
  Fontana High School	9453 Citrus Avenue, Fontana, CA 92335
  Henry J. Kaiser High School	11155 Almond Avenue, Fontana, CA 92337
  Jurupa Hills High School	10700 Oleander Avenue, Fontana, CA 92335
  Summit High School	15551 Summit Avenue, Fontana, CA 92336

   

  FUSD Alternative School
  Name	Address
  Eric Birch High School	10760 Cypress Avenue, Fontana, CA 92335

   

  FUSD Adult School
  Name	Address
  Fontana Adult School	10755 Oleander Avenue, Fontana, CA 92337

   

  FUSD Offices
  Name	Address
  FUSD FMOT Complex	9851 Catawba Avenue, Fontana, CA 92335
  FUSD Office Complex	9680 Citrus Avenue, Fontana, CA 92335
  FUSD Warehouse	8426 Mango Avenue, Fontana, CA 92335

  *The district may add, remove, and/or rename sites related to school closures, unforeseen circumstances, and the construction or addition of new school buildings or sites; or renaming. 

  ACCESS TO SCHOOL SITES AND DEPARTMENTS (only if delivery is indicated direct to the sites)
  Contractor is required to sign out and return school master keys from the Fontana School Police Department each day unless pre-approved to check out keys for a longer duration of time. Contractor must also notify School Police at (909) 357-5000 ext. 29060 when leaving any school site or District building after hours.

• SUBMITTING BIDS —

  Each bid must be summitted through the Procurement Portal at https://procurement.opengov.com/portal/fusd by the time prescribed in the bid.

• District Map —

  

• TIME AND PLACE OF BID SUBMISSION —

  All proposals shall be made and presented through the Procurement Portal for Bid 26/27-0001 Purchase and Delivery of Fresh Bread Products on or before 2:00 pm on Tuesday, April 14, 2026. Bids received after the time specified or after any extensions will NOT be accepted.

• RESPONSIBILITY —

  All bids shall be signed with the firm's name and by a responsible officer or employee.

• MODIFICATIONS —

  Any changes, additions, or alterations to the bid form or other bid documents that are not expressly requested in these bid instructions may render the bid non-responsive and subject to rejection, as not being responsive to the Notice of Inviting Bids. No oral, telephonic, telegraphic, or facsimile bids or modifications will be considered.

• SCHEDULE OF EVENTS —

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

  Notice Inviting Bids:	Monday, March 16, 2026
  Request for Information (RFI)/Q & A Deadline :	Wednesday, March 25, 2026 at 2:00 pm
  Bids Due:	Tuesday, April 14, 2026 at 2:00 pm
  Governing Board Meeting-Tentative Award of Contract:	May 6, 2026

  *Dates are subject to change

• School Site Name Changes —

  The following schools may be referred to as their previous names as stated below:

  Chaparral Academy of Technology, previously Chaparral Elementary School
  Dorothy Grant Innovations Academy, previously Dorothy Grant Elementary School
  O'Day Short Elementary School, previously Randal Pepper Elementary School
  Southridge Tech Middle School, previously Southridge Middle School
  Eric Birch Continuation High School, previously Citrus Continuation High School
              (Birch & Citrus combined schools)

• SIGNATURE —

  All uploaded documents included in bid documents to be submitted with bid must be signed in permanent ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. Any bid submitted without a signature will be deemed non-responsive and will be rejected.

• 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.

• ACCEPTANCE —

  Bid on each item separately. Prices shall be stated in units specified. The Board will not be responsible for errors in extensions. The right is reserved to reject any or all bids; to waive any irregularities or informalities in any bid or in the bidding; and to accept or reject any items in the bid. No bidder may withdraw his/her bid for a period of sixty (60) days after the date set for opening thereof.

  Any Bid may be withdrawn by the Vendor by selecting the “Unsubmit Proposal” button at any time prior to the scheduled closing time for receipt of bids. Proposers are advised that the District reserves the right to amend the Bid documents at any time. If a Vendor discovers any ambiguity or error such as a conflict, discrepancy, omission, or other errors in the Bid documents, proposer shall immediately notify the District via the OpenGov Question/Answer tab.

• ADDENDA —

  The District reserves the right to issue addenda to the bid solicitation at any time prior to the date and time of the public bid opening. Addenda, if issued, will be issued through the Procurement Portal at https://procurement.opengov.com/portal/fusd. It will be the responsibility of the bidder to ensure receipt and acknowledgement of any addenda issued. All addenda shall become part of the contract documents.

• DISTRICT'S OBJECTIVES —

  The objective of this bid is to solicit proposals from qualified suppliers for the provision of fresh bread products to support the nutritional needs of students within the District. The District aims to procure high quality, cost effective fresh bread products, including but not limited to whole wheat sandwich bread, bagels, rolls, and tortillas, which meet or exceed all state and federal health and safety standards and is delivered within a timely manner. The selected vendor(s) will be expected to consistently supply bread products that are fresh, properly processed, and safely packaged, thereby contributing to the overall health and wellness of the student population while adhering to the budgetary constraints and nutritional guidelines set forth by the district.

  Additional product and service requirements are outlined within the proposal documents.

• REQUIRED CERTIFICATIONS TO BE SUBMITTED WITH PROPOSAL —

  Per the California Department of Education, Child Nutrition and Food Distribution Division, School Nutrition Programs Unit, the following forms must be completed and submitted with proposal:

  1. Debarment, Suspension, and Other Responsibility Matters Proposer shall submit the U.S. Department of Agriculture Certification Regarding Debarment with proposal and each subsequent additional year the contract is renewed. Contract renewals that do not include this certification will not be accepted for consideration.
  2. Certification Regarding Lobbying; Disclosure of Lobbying Activities The Certification Regarding Lobbying and a Disclosure of Lobbying Activities form must be submitted with proposal and each subsequent additional year the contract is renewed. Contract renewals that do not include this certification will not be accepted for consideration.
  3. Buy American Provision Proposals must comply with the Buy American Provisions pursuant to Senate Bill 490 Buy American Food Act, Food and Agriculture Code sections 58596.1, et seq., and AB 778, Food and Agriculture Code section 58595. “Agricultural food products” are defined to mean a fresh or processed product, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, grains, livestock meats, poultry meats, and fish, including shellfish. Pursuant to the Buy American Food Act, only agricultural food products grown, packed, or processed domestically are authorized unless any of the following exceptions apply: (1) 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 (2) The quality of the domestic agricultural food product is inferior to the quality of the domestic agricultural food product grown, packed, or produced non-domestically; or (3) 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.
  4. Iran Contracting Act Pursuant to public Contract Code 2204 (a) A public entity shall require a person that submits a proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or service of one million dollars ($1,000,000) or more to certify, at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran describe in subdivision (a)  of Section 2202.5, or a person described in subdivision (b) of Section 2202.5, as applicable. Failure to do so will deem your proposal as non-responsive.
  5. Clean Air and Water Act Proposer must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (41 U.S.C. 1857c-8(c)(I )) and the federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Proposals without this certification will not be considered.
  6. Contractor's Certificate Regarding Workers' Compensation Proposer must submit certification with proposal. Proposals received without this certification will not be considered.
  7. Certificate of Independent Price Determination Proposer must submit certification with proposal. Proposals received without this certification will not be considered.

  *Forms are located in the "Vendor Questionnaire, References & Forms" section of this solicitation.

• BID SECURITY —

  Bid bond/security is not required for this solicitation.

• REFERENCES —

  Bidder shall provide three (3) verifiable references with similar type of goods and services to another school district or public agency at the similar size and scope as Fontana Unified School District in the last five (5) years. All references shall include full district/agency name, address, phone number, management contact, and description of work completed. District reserves the right to contact all references. Failure by bidder to provide references with its bid submittal may result in rejection of bid by District as nonresponsive. The District reserves the right to obtain from any or all sources, information concerning bidders which the District deems pertinent and to consider such information in evaluating the bidder's bid.

  *References must be submitted through the "Vendor Questionnaire, References, & Forms" section of this solicitation.

• TIE BIDS —

  If two identical low bids are received from responsive and responsible bidders, the District will determine which bid will be accepted pursuant to California Public Contract Code Section 20117.

• SMALL BUSINESS, MINORITY-OWNED, WOMAN-OWNED, AND DISABLED VETERAN BUSINESS ENTERPRISES – (MUST BE SUBMITTED WITH PROPOSAL IF APPLICABLE) —

  Small Business, minority, woman, and disabled veteran business enterprises are encouraged to participate in this proposal solicitation opportunity. Qualified Proposers that meet federal requirements shall submit documentation of qualification and copy of certification with proposal through the "Vendor Questionnaire, References & Forms" section of this solicitation.

• BID PROTEST PROCEDURE —

  Any bid protest by any bidder regarding any other bid must be submitted in writing to: Sr. Director of Purchasing, Shamica R. Nance at shamica.nance@fusd.net, not more than five (5) calendar days after receipt of written notice of the District’s intent to award to another bidder and must meet the following requirements:

  1. 1. 1. The protest must contain a complete statement of any and all basis for the protest.
        2. The protest must refer to the specific portions of all documents that form the basis for the protest.
        3. The protest must include the name, address, email and telephone number of the person representing the protesting party.

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

• 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.

• SCOPE OF SERVICES —

  The selected vendor will partner with the District over the term of the contract resulting from this solicitation to procure and deliver fresh bread products, including but not limited to whole wheat sandwich breads, bagels, rolls, and tortillas, to the district warehouse and school site kitchens. Delivery schedules will be determined by the District based on operational needs. The bread products must be delivered in a clean and sanitary truck with temperature control. A lift gate and pallets will be required.

  Additional product and service requirements are outlined within the proposal documents.

• PRODUCT SPECIFICATIONS —

  General Requirements:

  All bread products provided for school meals must adhere to stringent nutritional, safety, and quality standards to comply with federal guidelines and ensure healthy and safe options for students.

  Specifications:

  • Bagel, Plain, White Whole Wheat, approximately 3 ounces per serving. Each slice/serving will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • Bagel, White Wheat, Cinnamon Raisin, approximately 3 ounces per serving. Each slice/serving will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • Bread, Sandwich 100% Whole Wheat, 15 cases of 24 sliced bread. Each slice will meet the requirement for 1.25 servings of grain equivalent for the National School Breakfast and Lunch Programs. All products must be wrapped in cellophane wrap and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • Bread, Sandwich slice, 51% Whole Grain*, 15 cases of 24 sliced bread.  Each slice/serving will meet the requirement for 1.25 servings of grain equivalent for the National School Breakfast and lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • Bun, Hamburger, 4", 51% Whole Grain* Wheat, approximately 2.00 grain equivalents for the National School Breakfast and Lunch Programs per bun, 4” diameter, sliced completely through. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • Bun, Hamburger, 4", White, approximately 2.00 grain equivalents for the National School Breakfast and Lunch Programs per bun, 4” diameter, sliced completely through. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • Bun, Hot Dog 6", 51% Whole Grain Wheat, approximately 2 ounces per serving. Each serving will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • Fresh Artisan Rolls, 51% Whole Grain*, approximately 2 ounces per roll/serving. Each roll/serving will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and Lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • Fresh Artisan Rolls, 51% Whole Grain*, approximately 1 ounce per roll/serving. Each roll/serving will meet the requirement for 1.00 servings of grain equivalent for the National School Breakfast and Lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • 51% Roll Hoagie, Whole Wheat hinged - 5", approximately 2 ounces per roll/serving. Each roll/serving will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and Lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • 10" Flour Tortilla-Pressed, Enriched Wheat, approximately 2 ounces per serving. Each serving will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • 10" Flour Tortilla-Pressed Whole Grain* Wheat, approximately 2 ounces per serving. Each serving will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • 6" Ultra Grain Tortillas, approximately 2 ounces per serving. Each serving (2 count) will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • 51% sliced Roll, French, 6" hinged, approximately 2.6 ounces per roll/serving. Each roll/serving will meet the requirement for 2.50 servings of grain equivalent for the National School Breakfast and Lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • 51% Hawaiian Dinner Roll, Whole Wheat, approximately 2 ounces per roll/serving. Each roll/serving will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and Lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • English Muffin Sliced Whole Grain*, approximately 3.5 ounces per serving. Each/serving will meet the requirement for 1.75 servings of grain equivalent for the National School Breakfast and lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.
  • 4" 51% Knot Bun/Corn Top Whole Wheat, approximately 2 ounces per serving. Each/serving will meet the requirement for 2.00 servings of grain equivalent for the National School Breakfast and lunch Programs. All products must be wrapped and properly sealed. All bread and bakery products shall have been baked NOT more than 24 hours before delivery.

  *A whole grain bread product must contain a minimum of 51 percent whole grain and contain 16 grams of creditable grains with a minimum of 8 grams of whole grain flour per grain equivalent.

  NUTRITIONAL INFORMATION AND PRODUCT FORMULATION STATEMENTS

  Vendor shall provide product formulation statements FOR ALL food items listed on this proposal with evidence of contribution to federal meal program menus, ingredient statements, and nutritional content. Blank Product Formulation Forms can be found in the "Vendor Questionnaire, References, & Forms" section of this solicitation. Sample Product Formulation Forms can be found in the "Attachments" section of this solicitation.

• QUALITY —

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

• AWARD OF CONTRACT —

  The District reserves the right to award by individual line item, group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the District. A successful bid must deliver the items within the required delivery schedule in order to be declared responsive to this bid. The District further reserves the right to reject any or all bids, to waive any irregularities or informalities in any bid or in the bidding and to increase or decrease quantities as necessary without prior notification. The District makes no representation that participation in the bid process will lead to an award of contract, or any consideration whatsoever. The District shall, in no event, be responsible for the cost of preparing any bid in response to this solicitation. The awarding of the goods and/or services contract, if at all, is at the sole discretion of the District.

  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 award to the next lowest responsive, responsible proposer or reject all proposals.

• WARRANTY —

  Items delivered under this contract will have standard warranty, including full parts, labor to repair (if needed). Unless otherwise specified, warranty “period of time” should commence after receipt of item/material by the District. The successful bidder will be solely responsible for handling all warranty claims.

• CONTRACT DOCUMENTS —

  The Complete contract will consist of the Notice Inviting Bids (NIB), General Bid Instructions & Conditions, Special Conditions/Specifications, the proposal of the vendor, its acceptance by the District, the Purchase Order(s) issued by the District, and all amendments, any of which shall be interpreted to include all provisions of the other documents as though fully set forth therein

• SAMPLES AND TESTING —

  Samples of items, when required, shall be furnished free of expense to the District, and may be retained by the District for the purpose of comparing against material delivered by the apparent low bidder, and if not destroyed by tests will, upon request, be returned at bidder’s expense. The final decision as to whether the material or product is the equal to that specified shall be made by the District. In all cases when a sample is taken from a shipment and sent to a public testing laboratory and the test shows that the sample does not comply with the specifications, the bidder shall pay the cost of the tests. In all cases the District reserves the right to make test it deems necessary.

• PATENT INFRINGEMENTS —

  The successful bidder shall hold the Fontana Unified School District, its officers agents, servants and employees, harmless from liability of any nature or kind on account of use of any copyrighted or un-copyrighted composition, secret process, patented invention, article, or appliance, furnished or used, under this bid.

• PERIOD OF CONTRACT —

  The initial contract period will be effective July 1, 2026 through June 30, 2027 with the option to renew for up to two (2) additional years, in one (1) year increments, 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.

• DELIVERY —

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

• 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 two (2) additional years, 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 January.

  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.

  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. 

• SALES TAX —

  (A) Do not include California State Sales Tax in bid; said tax will be added to invoice and paid by the District. (B) Do not include Federal Excise Tax or Use Tax in bid: the District is not subject to same.

• 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.

• DISCONTINUANCE OF SERVICE —

  Failure on the part of successful Distributor to meet contract requirements shall be cause for cancellation. Either party may cancel the contract upon a thirty (30) day written notice to the other party prior to the end of contract term.
  
  The District reserves the right to discontinue service upon 24-hours’ notice for due cause which shall include such reasons as unsatisfactory product or service; or to extend the contract with present Distributor upon annual review of weight factors, performance of service and/or provision of quality products. FAILURE TO FURNISH ALL ITEMS INCLUDED IN THE CONTRACT SHALL CONSTITUTE UNSATISFACTORY SERVICE.
  
  The District shall hold the successful Distributor liable and responsible for all damages which may be sustained because of its failure to comply with any conditions herein. If the successful Distributor fails to furnish or deliver any material, supplies, equipment, or services at the prices quoted, or at the times and places stated, or otherwise fails to comply with the terms of the documents in their entirety, the District may purchase the items herein specified elsewhere, without notice to the successful Distributor. Additional cost accrued by the District through this purchase may be deducted from unpaid invoices or must be paid to the District by the successful Distributor. Prices paid by the District shall be considered the prevailing market prices at the time such purchase is made.

• DISCOUNT —

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

• BID NEGOTIATIONS —

  A bid response to any specific item of this bid with terms such as “negotiable”, “will negotiate”, or similar, will be considered non-responsive to that specific term. Alternate bids will be rejected.

• PRICING / BID FORM —

  Bidder MUST indicate the brand name and product number for each item, even if bidding “as specified”. Items bid without brand name and product number specified will not be considered. Bidder shall provide origin of purchase upon District’s request. Prices must reflect the unit of measure indicated on the Bid Form.

  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.

• INTERPRETATIONS OF BID DOCUMENTS —

  All interpretations of the bid conditions and/or specifications shall be made only by written addendum. The District shall not be responsible for any other explanation or interpretation of the bid document.

• SUBSTITUTIONS FOR BID SPECIFIED ITEMS —

  Whenever in these specifications any equipment or material is indicated or specified by patent or proprietary name or by the name of a manufacturer, such specifications shall be deemed to be used for the purpose of facilitating description of the equipment or materials desired and shall be deemed to be followed by the words "or equal.” Bidders may propose equipment or materials equal to those specified herein, but must furnish complete specifications of each item, along with a point-by-point comparative data, and, if requested to do so, provide a sample of the item proposed within five days of request at no cost or obligation to the District for the purposes of testing and evaluation. The District will notify bidder whether the requested substitution has been approved as an "or equal" to the specified equipment or material. If not consumed or destroyed in such testing, the sample will be returned to the vendor. Substitution of equipment/supplies after the award will not be permitted. The district shall have full power and authority to reject any and all items furnished which, in their opinion, are not in strict compliance and conformity with the requirements of the specifications or equal in every respect to the sample submitted. All articles so rejected shall be promptly removed from the premises of the District at the expense of the bidder. Non-compliance with this condition will cause the item to not be considered for award. Bidder shall bear all costs of sample submittals.

• LEGAL REQUIREMENTS —

  All bidders are required to comply with and be bound by all applicable provisions of law whether or not referred to herein.

• QUESTIONS, POSSIBLE ADDENDA AND WITHDRAWL OF BIDS —

  For questions or comments regarding this bid process or the bid documents, please submit your questions or comments through the Procurement Portal.  Entities responding to this bid “Vendor(s)” or “Proposer(s)” may submit requests for information and/or clarification through the Procurement Portal no later than 2:00 pm on Wednesday, March 25, 2026.  The Fontana Unified School District (“District” or “FUSD”) shall not be obligated to provide responses to any questions received after the above- specified deadline or respond to any questions submitted in a manner other than as instructed above.  FUSD will respond through the Procurement Portal.

  The District’s assigned representative under this bid shall be Monique Farrugia (“District Representative”).

  It is the Proposers responsibility to obtain any and all addenda issued relating to this bid. Furthermore, it shall be the responsibility of the Proposers to review the Procurement Portal as to whether any addenda, notices, or Question & Answers were issued.

  The District shall not be responsible for, nor accept as a valid excuse for late question submission, any delay or malfunction in transmittal or any other method of delivery used by the proposer.

  If it becomes necessary for the District to revise any part of this bid, or to provide clarification or additional information after the bid is released, a written addendum will be issued.

  All addenda issued shall become part of the bid.  It shall be the responsibility of the potential Vendors to inquire with FUSD as to whether any addenda were issued.

  FUSD shall not, under any circumstance, be liable for any pre-contractual expenses incurred by potential Vendors. Vendors shall not include any such expenses as part of their responses to the bid (“Proposal(s)”).  Pre-contractual expenses are defined as any expenses incurred by a potential Vendor including, but not limited to: (1) preparing its Proposal in response to this bid; (2) submitting that Proposal to FUSD; (3) negotiating with FUSD any matter related to this bid, including a possible contract; or (4) engaging in any other activity prior to the effective date of award, if any, of a contract resulting from this bid.

  Withdrawal of Proposal: Any proposer may withdraw a Proposal, through the Procurement Portal, at any time prior to the scheduled closing time.

  The District reserves the right to issue addenda to the bid solicitation at any time prior to the date and time of the proposal submittal deadline. Addenda, if issued, will be posted through the Procurement Portal "Addenda & Notices" section. It is the responsibility of the proposer to ensure receipt and acknowledgement of any addenda issued. All addenda shall become part of the contract documents.

• COMMUNICATION OF AWARD —

  Bid awards made by the Board of Education shall not become binding upon the District until communication in writing to the successful bidder.

• ADDITIONAL ITEMS —

  The District reserves the right to add items to the contract during the contract period. Prices for additional items will be negotiated at time of request.

• SAFETY REGULATIONS —

  All equipment and supplies furnished, and/or all work performed, shall meet all applicable safety regulations of the Division of Occupational Safety and Health of the State of California and Safety and Health Codes of the State of California.

• AFFIRMATIVE ACTION —

  The Distributor shall certify that it is an Equal Opportunity Employer and has made a good faith effort to improve minority employment and agrees to meet Federal and State Guidelines. 
  No discrimination shall be made in the employment of persons because of sex, race, color national origin or ancestry, religion, or handicap.

• FIXED TERM AND PRICE ADJUSTMENT LIMITATIONS —

  Prices shall remain firm for the entire contract term. Price increases shall not automatically be passed on to the District. Any price increase must be approved by the District before such increase come into effect.

  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 then (10) days of price reduction to another purchaser, may be cause for cancellation of the contract.

• NON-COLLUSION DECLARATION —

  A signed Non-collusion Declaration must be uploaded in OpenGov.  Bids received without a signed Non-collusion Declaration cannot be accepted.

• FUEL SURCHARGES —

  Absolutely no fuel surcharges will be accepted under this contract and the addition of such charges shall not be permitted during the period of the term of this contract.

• ORDER QUANTITIES/DELIVERY MINIMUMS —

  There shall be no minimums in dollar, volume or case counts.

  The quantities indicated on the Bid Form are good faith projections of need and are given for the purpose of bid evaluation. The estimated quantities do not indicate the precise quantity which will be ordered and may increase/decrease, without prior notification, depending on budgetary allocations and/or need. There will be no minimum order requirements for any items listed on this bid. Bidders shall not specify minimum or maximum quantities or charges for specific order types. A District purchase order/s will be issued during the contract period based on District needs. Unit prices shall be held firm July 1, 2026 through June 30, 2027.

  
  The District shall not be obligated to purchase or reimburse the awarded bidder for any inventory of products, should purchases vary from the anticipated purchase patterns or if agreement expires or is terminated.

• INSURANCE AND WORKERS’ COMPENSATION —

  The successful bidder shall be required to furnish certificates and endorsements evidencing that the required insurance is in effect as set forth in the Agreement.  District may request that such certificates and endorsements are completed on District provided forms.  In accordance with the provisions of Section 3700 of the Labor Code, the successful bidder shall secure the payment of compensation to all employees.  The successful bidder who has been awarded the contract shall sign and file with District prior to performing the work, the Workers’ Compensation Certificate included as a part of the proposal documents.  Labor Code section 1861. 
  
  a) Successful bidder shall, at bidder’s sole cost and expense, maintain in full force and effect the following insurance coverages from a California licensed insurer with an A, VIII, or better rating from A.M. Best or an approved self-insurance program, sufficient to cover any claims, damages, liabilities, costs and expenses (including attorney fees) arising out of or in connection with bidder’s fulfillment of the obligations under this bid:

  i. Comprehensive General Liability Insurance, including bodily injury, property damage and contractual liability with minimum limits set by the District.  The policy may not contain an exclusion for sexual molestation or abuse coverage, may be waived by the District.

  a. General Aggregate                                      $2,000,000
  b. Each Occurrence                                         $1,000,000
  c. Products/Completed Operations                  $1,000,000
  d. Personal and Adverting Injury                      $1,000,000
  e. Damage to Rented Premises                       $50,000
  f. Medical Expense (any one person)              $5,000
  
  ii. Umbrella (excess) liability insurance coverage with a limit of $3,000,000, unless waived by the District.  The policy may not contain an exclusion for sexual molestation or abuse coverage, may be waived by the District. 

  iii. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit not less than $1,000,000 per occurrence.  

  iv. Professional Liability Insurance with a limit of $1,000,000 per occurrence, if applicable.  

  v. Workers’ Compensation and Employers Liability Insurance in a form and amount covering bidder’s full liability under the California Workers’ Compensation Insurance and Safety Act and in accordance with applicable state and federal laws.  The policy shall be endorsed with the insurer’s waiver of rights of subrogation against the District. 

  It should be expressly understood, however, that the coverage and limits referred to above shall not in any way limit the liability of the bidder. 

  b) The successful bidder shall not commence work or allow any subcontractor to commence work under this contract until all required insurance and certificates have been delivered in and approved by District.  

  c) Successful bidder shall provide prior written notice to the District thirty (30) days in advance of any non-renewal, cancellation, or modification of the required insurance.  The certificates of insurance providing the coverages referred to in clauses i. and ii. Above shall name District, its Governing Board, officers, and employees, as additional insureds with appropriate endorsements.  In addition, the certificates of insurance shall include a provision stating, “Such insurance as is afforded by this policy shall be primary, and any insurance carried by District shall be excess and noncontributory.”  Failure to maintain the above-mentioned insurance coverages shall be cause for termination of the Agreement.

• CALIFORNIA PUBLIC RECORDS ACT —

  All documents received by District, as a public agency, in connection with this bid are subject to the requirements of the California Public Records Act. Bidder shall identify any information contained in the bid that the bidder deems to be, and establishes as, confidential, or proprietary and wishes to be withheld from disclosure to others. Note: A blanket statement that all contents of the bid response are confidential or proprietary cannot be honored by District.

• ORDER CONFRIMATIONS —

  Email order confirmations required on all orders placed.

• DELIVERIES —

  Delivery Requirements

  A. Delivery Locations
  Site list can be found in the "Attachments" section of the bid.

  B. Delivery Schedule
  Deliveries shall be made at times specified by the Food Services Department. The awarded vendor must coordinate with the designated Food Services contact to ensure timely and accurate deliveries.

  • Vendor must be able to accommodate flexible scheduling, including early morning deliveries.
  • A minimum 24-hour notice will be provided for each delivery request.

  C. Vehicle Delivery Conditions

  • All vehicles and containers used for transporting foodstuffs must be kept clean and maintained in good repair and condition in order to protect foodstuffs from contamination and must be designed and constructed to permit adequate cleaning and/or disinfection.
  • Vehicles must be capable of maintaining food stuffs at appropriate temperatures and, where necessary designed to allow those temperatures to be monitored. This means that vehicles that transport perishable food items, either frozen or refrigerated, must be equipped with appropriate refrigeration systems in order to maintain products at appropriate temperatures.
  • Products will be delivered free of infestation including but not limited to larvae and rodent droppings.
  • Any product that fails to be delivered within these parameters will be rejected.

  D. Delivery Slips
  Delivery slips will be furnished with each delivery, in duplicate, as follows:

  • Original - signed by person receiving order and retained by successful vendor.
  • Duplicate - shall be left at each location - Food Services copy

  E. Missed or Late Deliveries

  • Failure to deliver on time may result in penalties or cancellation of the contract.
  • Repeated delivery issues may be grounds for termination.

  The District reserves the right to add or remove delivery sites as needed throughout the contract period.

• PACKAGING —

  Cases and packages shall be so constructed as to ensure safe and sanitary transportation to point of delivery. All packaging materials shall be FDA approved to meet all pertinent State and Federal regulations for safe use with foods. Packaging materials shall impart no odor, flavor or color to the product.
  
  Damaged cases or packages may be rejected and returned for credit or immediate replacement, at no cost to the District for product of freight.

• INVOICES/PAYMENT TERMS —

  Invoices will be furnished in duplicate and include purchase order number, delivery site, product name, quantity ordered, quantity delivered, unit size, unit price. The original copy is to be kept by the Distributor. The original invoice must be signed by the individual receiving the product and is to be left for the Food Service lead. An invoice signed by the Food Service lead or designee is required in order for the invoice to be processed for payment.
  
  A legible delivery discrepancy receipt shall be left at the site in the case of a return or shortage. Credits shall be issued in a timely manner.
  
  Statements for all goods purchased within a calendar month shall be made available on an individual school basis. Statements should be sent by the 10th of the month following the month of purchase. Payment will be made within 30-60 working days after actual delivery of goods to the required destination and upon receipt of invoices acceptable to the District.

• CREDIT MEMOS —

  The successful Proposer delivery driver shall provide each location with a credit at the time of delivery for all merchandise short on delivery, or damaged or spoiled product necessitating a return or reorder. A copy of this credit, priced and extended, shall be mailed with the corresponding invoice to the District's Food Services Accounting Department, or e-mailed upon DISTRICT request.

• PRODUCT QUALITY CONTROL —

  The District reserves the right to discontinue service of all or any portion of any contract resulting from this bid for any reason determined by the District to be detrimental to the health and welfare of the students and school personnel, or failure to meet contract specifications or wholesomeness standard and to hold the vendor in default.

  All products received under this contract shall be processed according to the health and sanitation standards for plant facilities and food processing established by the locality or state in which Distributor’s plant is located or by the applicable federal standards, whichever is higher.

  Vendor(s) must state the product “Expiration Date” or “Use by Date.” Use by dates are preferred.

  Federal regulations require that to the maximum extent possible, only domestic products shall be purchased for use in federally funded school food programs. Brand and processor must be identified.

  Distributor shall provide products from manufacturers with a Hazard Analysis Critical Control Point (HACCP) system in place. Additionally, Distributor shall ensure that all products received under this contract shall be prepared, handled and are stored in accordance with the health and sanitation standards for the County of San Bernardino or local city/county agency in which product was produced, State of California, and/or Federal Government, whichever is higher.

  Distributor shall follow appropriate procedures for First in First out (FIFO) stock rotation system. Products received shall not have a shelf life or expiration date less than one month from the dated of delivery.

  Distributor shall follow appropriate handling and storage practices; this will include providing proof of established sanitation procedures and active pest control program to assure proper information. A copy of the vendor’s Hazard Analysis Critical Control Point (HACCP) system must be submitted with its proposal. Proof of regular voluntary audits by a third-party inspector is required – copies from the previous three (3) years must be included with the bid submission.

  In the event of a product contamination issue, Distributor shall provide trace back capabilities for all products to the point of origin. Evidence of such procedures should be submitted with proposal (HACCP Plan, Food Security and Safety Program including Pest Control Policy).

  The Distributor agrees to permit inspection of delivered items by a representative of the District’s Nutrition Services Department with the right of rejection of inferior merchandise. The District’s decision shall be final and credits must be provided upon request.

• NUTRITIONAL INFORMATION AND LABELING —

  For the District to be compliant with California Department of Education and USDA labeling requirements, the Food Services Department requires Product Formulation Statements (PFS) or Child Nutrition (CN) labels for all products. Detailed and accurate nutritional information is required for all food items purchased by the District. The successful Proposer, therefore, will be required to furnish nutritional information on processed or manufactured food items. In order to accommodate the computerized menu system utilized by the Food Services Department, the successful Proposer shall be required to provide a complete nutrient analysis of some products, as requested by the District. The nutrient information may be obtained from an independent laboratory.

  The following information will be required from the manufacturer: weight (gm), water content (gm), calories (Kcal), protein (gm), carbohydrate (gm), fat (gm), polyunsaturated fat (gm), saturated fat (gm), trans fat (gm), sodium (mg), cholesterol (mg), dietary fiber (gm), vitamin A (IU), vitamin C (mg), calcium (mg), and iron (mg).

  ALL PROCESSED FOODS SHOULD NOT CONTAIN ANY ARTIFICIAL TRANS FAT.

  All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration. Labels must list the presence of ingredients which contain: protein derived from milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans.

  Successful Proposer shall immediately notify the FUSD Food Services Department whenever there is a product/ingredient change or reformulation in any item provided to the District. If any product changes occur, Successful Proposer shall provide new nutritional statements and ingredient listings to the District. Failure to provide notification to the District of any product changes or reformulation, of which the Successful Proposer is aware of, may result in termination of the contract.

• PEANUTS, PEANUT PROTEIN OR PEANUT BY-PRODUCTS —

  The District reserves the right to decline and award on items that contain peanuts, peanut protein or peanut products. A statement of ingredients and formal nutritional analysis for those items must be submitted with bid and any/all items that are proposed containing peanuts, peanut protein or peanut by-products must be clearly and separately identified.

• SUBSTITUTIONS AND DISCONTINUED ITEMS DURING CONTRACT PERIOD —

  The District will not allow substitutions without prior approval. In the event Successful Proposer is unable to deliver an item as specified in this contract, notification of shortage must be made orally, or by electronic mail at least 24 hours prior to scheduled delivery to the District designee stated below. An equal or better substitute product must immediately be made available to the District for approval and subsequent distribution to the cafeterias, at no additional charge to the District for product, freight, or redelivery to District sites. Substitutions in quality or quantity must receive prior approval from the District Purchasing Department. When substitutions do occur, vendor shall provide nutritional statements and ingredient listings on these products.
  
  Fontana Unified School District
  Food Services Office (909) 357-5160
  
  If substitution is unavoidable due to market conditions, Successful Proposer must provide equivalent item for District approval at no additional cost to the District for product or freight. Authorization of a substitute product shall be at the sole discretion of the District.
  
  Successful Proposer shall immediately notify Fontana Unified School Districts Food Services Department if they become aware of any product changes or reformulation. When product changes do occur, Successful Proposer shall provide nutritional statements and ingredient listing of these products to the District. Failure to provide notification to Food Services of any product changes or reformulation, of which the Proposer is aware of, may result in termination of the contract.
  
  The Successful Proposer must provide the specified product or an acceptable substitute, as determined by the District. If, because of failure to deliver specified product in a timely manner, the service of meals fails to contain the required components of a reimbursable meal, Proposer shall be required to reimburse the District for the full value of all of the identified meals, as determined by the National School Lunch Program. Financial restitution shall be made within 60 days of written request by the District.

• ERRORS AND OMISSIONS —

  It shall be the responsibility of the bidder to acquaint him/herself with the contract documents before submitting a bid, and the bidder shall assume full liability for any errors or omissions in their bid.

  In the event there is a discrepancy between the extended amounts and the unit prices bid, the unit prices shall prevail, and the corrected sum will be considered the bid price.

• LIMITATIONS —

  The District makes no representation that participation in the bid process will lead to an award of contract, or any consideration whatsoever. The District shall, in no event, be responsible for the cost of preparing any proposal in response to this solicitation. The awarding of the services contract(s), if at all, is at the sole discretion of the District.

• MERGERS, ACQUISITIONS, OR BUYOUTS —

  In the event that the awarded distributor sells the company or merges with another company, current contract conditions must remain the same as awarded. Contracts will not be renegotiated due to a merger, acquisition, or buyout.

• RIGHT TO AUDIT —

  The Successful Proposer shall submit to third party audits and/or inspections initiated by the District during the term of the contract and for one year following the end of the contract. Audits and/or inspections will serve to ensure compliance with contract terms, food safety guidelines, pricing, and billing. Distributor must take steps to correct findings identified during audits and/or inspections, including financial restitution for any pricing or billing errors which may have occurred during the length of the contract period.

• SAFETY AND SECURITY —

  The distributor shall comply with all District security regulations.
  
  All equipment and supplies furnished, and/or all work performed, shall meet all applicable safety regulations of the Division of Occupational Safety and Health of the State of California and Safety and Health codes of the State of California (CalCode).
  
  Distributor’s representatives driving motor vehicles on school grounds must use extreme caution during times when school is in session. Any unusual condition noted by drivers, such as evidence of vandalism, power failure, fire, water damage, gas leak, etc., must be reported to the District School Police at:
  
  Fontana Unified School District
  Dispatch (909) 357-7600 Ext. 29060

• FINGERPRINTING —

  Successful Proposer agrees to comply with all provisions of Education Code 45125.1 and will certify in writing that the requirements subject to this code have been complied with. Successful Proposer will be required to submit the Criminal Background Investigation/Fingerprinting Certification form included in Proposal documents prior to issuance of the District purchase order.

• PROCUREMENT CODE OF ETHICS —

  The District will be strictly adhering to the Fontana Unified School Food Services Department Procurement Code of Ethics as required by 2CFR Part 200.318. (Attachment A)

• INSPECTION OF FACILITIES —

  The District reserves the right to inspect the facilities of the proposer prior to and/or following award of the contract. The District may request to review the proposer’s current Hazard Analysis Critical Control Program (HACCP) and/or food safety system for their facility and relevant equipment maintenance schedules in order to ensure optimum manufacturing, storage and distribution practices. If the District determines after such inspection that the Proposer is not capable of performance within the District’s standards, his/her proposal will not be considered. The findings and decisions of the District shall be final.

• BID SECURITY —

  Bid bond/security is not required.

• HOLD HARMLESS —

  The successful bidder shall save, defend, hold harmless and indemnify the District against any and all liability, claim, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of contractor, and subcontractor, or any employee, agent, or representative or vendor and/or subcontractor.

• TERMINATION CLAUSE —

  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.

• FORCE MAJEURE —

  The parties to the executed contract will be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by “Act of God”, fire, strike, loss or shortage of transportation, facilities, lockout, or commandeering of materials, products, plants, or facilities by the government, when satisfactory evidence thereof is presented to the other party provided that it is satisfactorily established that the non-performance is not due to the fault or negligence of the party not performing.

• CANCELLATION FOR INSUFFICIENT OR NON-APPROPRIATED FUNDS —

  The bidder hereby agrees and acknowledges that monies utilized by the District to fulfill bid requirements is public money appropriated by the State of California or acquired by the District from similar public sources and is subject to variation. The District fully reserves the right to cancel this bid at any time and/or limit quantities of items due to non-availability or non-appropriation of sufficient funds. Items listed on the attached Bid Form are subject to change without notice depending on budgetary allocations.

• DRUG-FREE WORKPLACE CERTIFICATION —

  Pursuant to Government Code section 8350 et seq., the successful bidder will be required to execute a DrugFree Workplace Certification upon execution of the contract. The bidder will be required to take positive measures outlined in the certification in order to ensure the presence of a drug-free workplace. Failure to abide
  with the conditions set forth in the Drug-free Workplace Act could result in penalties including the termination of the contract or suspension of payment thereunder.

• ALCOHOLIC BEVERAGE AND TOBACCO-FREE CERTIFICATION —

  The successful bidder shall agree to enforce an alcoholic beverage and tobacco-free work site and will be required to execute an Alcoholic Beverage and Tobacco-free Certification upon execution of the contract.

• CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION —

  The successful bidder shall maintain a policy of workers’ compensation insurance as required by Labor Code Section 3200 et. seq. A certificate evidencing this coverage shall be filed with the District prior to the commencement of work under this agreement and will become part of the contract. Notification by the carrier to the District at least 30 days prior to cancellation, failure to renew, or other termination, is required.

• 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.

• COMPLIANCE WITH APPLICABLE LAWS —

  All property or services furnished must comply with all Federal, State and Local laws, rules, regulations, and ordinances.

• DISTRICT CONTACT —

  Bidders are hereby notified that any contact with a member of the Board of Education, Superintendent, Associate Superintendent, or employee of the District, other than the Buyer or Sr. Director of Purchasing, regarding this bid could result in the rejection of their proposal.

Submission Requirements

• CERTIFICATIONS & DECLARATIONS TO BE SUBMITTED WITH BID —

  Please download the below documents, complete, and upload.

• Non-Collusion Declaration (required)
• Buy American Certification (required) —

  Please download the below documents, complete, and upload.

• Certificate of Independent Price Determination (required)
• Certification Regarding Lobbying (required)
• Clean Air & Water Certification (required) —

  Please download the below documents, complete, and upload.

• Contractor's Certificate Regarding Workers Compensation (required) —

  Please download the below documents, complete, and upload.

• EDGAR Certification Form (required) —

  Please download the below documents, complete, and upload.

• Iran Contracting Act (required)
• Suspension and Debarment Certification (required) —

  Please download the below documents, complete, and upload.

• W9 Form (upload page 1) (required)
• PROVIDE OWN DOCUMENTATION FOR THE FOLLOWING:
• PRODUCT INFORMATION SHEET/SHEETS (required) —

  Must provide a Product Information Sheet for each item bid on. This sheet must include the following details:

  • Nutrition Facts Label
  • Product Description
  • Ingredients
  • Product Information: Including item code, cut specifications, and shelf life
  • Storage Requirements
  • Date Code Format
  • Packaging Information
  • Labeling Information
  • Product Attributes
  • State and Country of Origin

  This information is required for all items in your bid to ensure compliance with our standards.

• PRODUCT FORMULATION STATEMENT FOR DOCUMENTING GRAINS OUNCE EQUIVALENTS IN CHILD NUTRITION PROGRAMS (required) —
  Please download, complete, and upload the documents listed below. You may also upload your own equivalent document if preferred.
   
  *Sample of completed document can be found in the "Attachments" section of this solicitation.
• Business License (required) —

  Upload a copy of your Business License.

• Health Permit (required) —

  Upload copy of current Health Permit.

• HEALTH INSPECTION REPORT (required) —

  Provide a copy of your most recent health inspection report.

• HAZARD ANALYSIS CRITICAL CONTROL POINT (required) —

  Provide a copy of your companies Hazard Analysis Critical Control Point (HACCP) plan or equivalent certification. 

  Proof of regular voluntary audits by a third-party inspector is required – copies from the previous three (3) years must be included with this bid submission.

• PRODUCT RECALL (required) —

  Provide a copy of your product recall procedures.

• Food Security and Safety Program, including Pest Control Policy. (required) —

  Upload your Food Security and Safety Program, including Pest Control Policy.

• Small Business, Minority-Owned, Woman Owned, and Disabled Veteran Business Verification —

  If applicable, upload Small Business, Minority-Owned, Woman Owned, and Disabled Veteran Business Verification.

• CONTRACT FORMS TO BE SUBMITTED BY VENDOR AFTER AWARD ON CONTRACT —

  For reference only, no need to submit at this time. 

• Sample Purchase Agreement Form
• Contractor’s Certificate Regarding Drug-Free Workplace
• Contractor’s Certificate Regarding Alcohol & Tobacco (required)
• Criminal Background Investigation - Fingerprinting Certification (required)
• VENDOR QUESTIONNAIRE —

  Please complete this qualifying criteria questionnaire.

• General Company and Contact Information (required) —

  Provide the following information:

  General Company Information:
  Company Name:
  Business Address:
  City, State, Zip Code:
  Website:

  Primary Contact Person:
  Name:
  Title:
  Phone:
  Email:

  Years in Business:
  Tax Identification Number (EIN):

• Do you have an online ordering system? (required)
• How do you plan to work with the district to set up a delivery schedule? (required)
• What is the lead time you require for orders that ensures a 99.5% fill rate? (required)
• What is your company’s “fill rate” to your customers? Please explain how you calculate this fill rate. What provisions does your firm take to achieve a high level of execution? (required)
• How late can add-ons be added to next day delivery? Is there a limit on the number of items that can be added on? (required)
• Please describe your method of delivery. How do you ensure food safety and quality are maintained?
• How do your delivery drivers provide company identification upon delivery? (required)
• Please describe the reports that you make available to your customers (e.g. monthly usage, data analysis, business intelligence, etc.). How are customers able to access these reports? (required)
• Describe how your company complies with the Buy American provision, including which items are non-domestic (if any) and what type of data you provide to inform the district of the total dollars spent with your company on non-domestic versus domestic foods annually. (required)
• What is your procedure for notifying customers of shortages and/or late deliveries? (required)
• What is your procedure for notifying customers of a product recall? (required)
• What procedures do you have in place to fill emergency orders? (required)
• REFERENCES —

  List a minimum of three (3) references with similar type of goods and services to another school district, or public agency, at the similar size and scope as Fontana Unified School District in the last five (5) years.

  Copy & paste this template (or include data) for each Reference response: 
  Name of Reference:   
  Company Address:    
  Contract Person Name, Title: 
  Email, Phone Number:          

  Scope of Work/Product:        
  Contract Effective Dates:      
  Contract Total Dollar Amount:

• Reference 1:  (required)
• Reference 2:  (required)
• Reference 3:  (required)
• Reference 4: 
• Reference 5: 
• Certification of Bid Review & Authorized (required) —

  I certify that I have read Notice of Inviting Bid and all documentation provided. I further certify that I must submit firm’s bid response in response to this request via OpenGov Procurement and that I am authorized to commit the firm to the bid submitted.

  In submitting this Bid, the undersigned Vendor acknowledges receipt of all Addenda issued by or on behalf of the District, as set forth below. The Vendor confirms that this Bid incorporates and is inclusive of, all items or other matters contained in all

  The undersigned hereby proposes and agrees to furnish and deliver the goods or services as quoted in accordance with the terms, conditions, specifications, and prices herein quoted.

• Provide Publication Dates (required) —

  Example: December 12, 2025 and December 19, 2025

• What is the Term of Contract? (required) —

  This is also referred to as the Period of Contract.

  Example: January 1, 2026 through June 30, 2026 
  or Example: January 1, 2026, or date of award, through June 30, 2026 

• Years for multi-year renewals/extensions (if applicable) —

  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 ____ (_) additional years, not to exceed ____ (_) years total
  Example: for up to two (2) additional years, in one (1) year increments
  or Example: for two (2) additional years, not to exceed three (3) years total
  or Example: for four (4) additional years, not to exceed five (5) years total

• Type of Product (required) —

  Examples: custodial products; security camera equipment; TV receivers

• Does this project include Federal Funding? (required)
• Federal Funding: (required) —

  This Project will use federal funding including, but not limited to, funds from [insert federal program such as Elementary and Secondary School Emergency Relief Fund (ESSER)]. Contractor and all subcontractors must comply with all applicable federal requirements including, but not limited to Davis-Bacon and related Acts.