WESTMINSTER SCHOOL DISTRICT NUTRITION SERVICES REQUEST FOR PROPOSAL FRESH PRODUCE 17/ For: July 1, 2018 to June 30, 2019

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1 WESTMINSTER SCHOOL DISTRICT NUTRITION SERVICES REQUEST FOR PROPOSAL FRESH PRODUCE 17/18-05 For: July 1, 2018 to June 30, 2019 DUE DATE OF PROPOSAL: MONDAY, APRIL 23, :00 AM DROPPING OFF PROPOSAL: NUTRITION SERVICES OFFICE STACEY/CLEGG SCHOOL 6311 LARCHWOOD DRIVE HUNTINGTON BEACH, CA (Map of back entrance to Nutrition Services Dept. enclosed) IF MAILING PROPOSAL, SEND TO: WESTMINSTER SCHOOL DISTRICT ATTENTION: NUTRITION SERVICES DEPARTMENT CEDARWOOD AVENUE WESTMINSTER, CA Questions regarding this proposal should be directed to: Stephanie Tovar, Director Child Nutrition & Food Service Programs Nutrition Services Office 714/

2 FRESH PRODUCE 17/18-05 WESTMINSTER SCHOOL DISTRICT REQUEST FOR PROPOSAL SCHOOL YEAR DUE DATE OF PROPOSAL: MONDAY, APRIL 23, :00 AM Refer questions regarding this proposal to: Stephanie Tovar, Director, Child Nutrition & Food Service Programs, 714/ PURPOSE OF THIS RFP: The Westminster School District is seeking proposals from qualified companies to procure and deliver produce to their school district. SCOPE OF SERVICES: The selected vendor will partner with the district over the term of the contract resulting from this RFP to procure and deliver produce on a dedicated truck (not to be shared with frozen food products) to the sites designated and on the days specified below: 1. Five (5) times a week between 6 a.m. - 9 a.m.to the following delivery location: Stacey Nutrition Center 6311 Larchwood Drive Huntington Beach, CA Once per week between 6 a.m. 9 a.m. to the following delivery locations: TERM: Johnson Middle School Schmitt Elementary School Warner Middle School Edwards Street 7200 Trask Avenue Newland Street Westminster, CA Westminster, CA Westminster, CA July 1, 2018 to June 30, 2019 with the option to renew for (4) additional one year terms by mutual agreement of the parties in one-year increments through June 30, 2023 pursuant to Education Code

3 GENERAL INSTRUCTIONS FOR RESPONDENTS: 1. Prepare proposals simply and economically. Provide a straightforward concise description of the Respondent s capability to satisfy the District s requirements. Emphasis should be placed on completeness and clarity of content. 2. Submit proposals for the performance of all the services described within this RFP. The District will not consider any deviation from these specifications and will reject such proposals. 3. The District may reject a proposal if the proposal is conditional or incomplete, deemed nonresponsive, or if it contains any alterations of form or other irregularities of any kind. The SFA may reject any or all proposals or waive any immaterial deviation in a proposal. The SFA s waiver of an immaterial deviation shall in no way modify the RFP document or excuse the Respondent from full compliance with all other requirements if awarded the contract. 4. Respondents are responsible for the costs of developing proposals, and shall not charge the District for any preparation costs. 5. The District intends to select (1) responsible Distributor that best meets the District s needs for supply and distribution of fresh & fresh packaged produce. The RFP response shall offer one firm, fixed price for each item quoted on Appendix A. The District will not necessarily award to the lowest price bidder and selection will be based on the scoring metrics listed in item M below. The decision of the District is final. 6. Respondents may modify their proposal after submission by withdrawing the original proposal and resubmitting a new proposal prior to the submission deadline. The District will not consider proposal modifications offered in any other manner, either oral or written. 7. The Respondent shall secure State or local health certification for any facility outside the school in which it prepares meals. The Respondent shall maintain this certification for the duration of the contract.[7 CFR Section (a)[7] 8. The District participates in meal programs that require the use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A domestic commodity or product is defined as one that is either produced in the U.S. or is processed in the U.S. substantially (51% or more by weight or volume) using agricultural commodities that are produced in the U.S. as provided in 7 CFR (d) and [d]).

4 9. The Respondent will document why a non-domestic food is being substituted for domestic foods. The documentation is intended to indicate if the alternative food is due to the cost of domestic being significantly higher than non-domestic foods and/or the domestic foods are not produced or manufactured in sufficient and reasonable available quantities of a satisfactory quality. The Respondent will provide documentation justifying their use of exceptions on the Buy American Affidavit (see item K) 10. The Respondent will provide documentation about the percentage of domestic product in any processed end product. If the percentage is less than 51% then the respondent will notify the SFA of the non-domesticity of the processed end product on the Buy American Affidavit (Item K) 11. The Respondent will provide certification of domestic origin for products which do not have country of origin labels (Item K) 12. The Westminster School District shall include a 21 Day Cycle menu. (7 CFR, Section ) 13. The Respondent must credit the recipient agency for the value of all donated foods received for use in the recipient agency's meal service in the school year or fiscal year (including both entitlement and bonus foods), and including the value of donated foods contained in processed end products. [7 CFR, Section (a)] 14. The Respondent will provide the method and frequency by which the crediting will occur and document that the value of all donated foods will be credited. [7 CFR, Section (b)] 15. The Respondent will provide the method of determining the donated food values to be used in crediting. [7 CFR, Section (c)] 16. The Respondent shall agree to penalties for nonperformance. [7 CFR, Section (b)(1)] 17. Small Businesses and Minority Business - (a) The non-federal entity must take all necessary affirmative steps to assure that minority businesses, women s business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women s business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women s business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women s business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority

5 Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. (Title 2, Code of Federal Regulations, Section (a)(b)(1-6)) 18. Respondents may withdraw their proposal by submitting a written withdrawal request to the District, signed by the Respondent or their authorized agent, through the contact person named in the Contact Information of this RFP. RFP. Thereafter, a Respondent may submit a new proposal prior to the proposal submission deadline. Respondents may not withdraw their proposal without cause after the proposal submission deadline. 19. The District may modify the RFP prior to the date given for submission of proposals by posting an addendum on the Nutrition Services website at The District will notify Respondents so they can obtain any addenda from the District s Web site, or request it by , postal mail, or fax. 20. The District reserves the right to reject all proposals for reasonable cause. If the costs of all proposals are excessive, the District is not required to award a contract. 21. The District will not consider more than one proposal from an individual, firm, partnership, corporation, or association under the same or different names. Reasonable grounds for believing that any Respondent has submitted more than one proposal for work contemplated herein will cause the District to reject all proposals submitted by the Respondent. If there is reason to believe that collusion exists among the Respondents, the District will not consider any of the participants of such collusion in this or future solicitations. 22. The District will not consider a joint proposal submitted by two or more entities. 23. All proposals shall include all forms/attachments listed in items A-K of this RFP. Respondents may request copies of these forms by ing Susan Williams at or may go on line to download the forms at under the Produce RFP. A proposal is considered responsive if it follows the required format, includes all attachments, and meets all deadlines and other requirements outlined in this RFP. 24. The District shall not accept proposals after the submission deadline specified in the RFP and shall return the unopened proposals to the respective Respondents. The District will not consider late proposals under any circumstances. 25. Respondents are responsible for examining the entire RFP package, seeking clarification for any item or requirement that may not be clear to them, and checking all responses in their proposal for accuracy before submitting it.

6 26. Respondents may submit their questions regarding the information presented in this RFP to Stephanie Tovar in writing by postal mail at Cedarwood Ave., Westminster, CA or s at: no later than April 17, The District will answer all questions received by the deadline in writing without exposing the query source. This will be the sole process for asking and answering questions regarding this RFP. Respondents may not contact SFA employees directly to ask questions. 27. District representatives reserve the right to inspect a Respondent s other food service operations prior to any award of a contract. 28. The District reserves the right to negotiate the final terms and conditions of the contract, which may differ from those contained in the proposal, provided the District considers such negotiation to be in its best interest. Any change in the terms and conditions must not create a material change, which is any alteration or modification to the original terms stated in the RFP that would have resulted in different proposals from all respondents. A material change will require the District to rebid the contract. 29. Respondents shall submit two paper copies of the proposal. a. The paper copies must contain the original signature of the individual(s) authorized to bind the Respondent contractually and be labeled Master Copies. b. The sealed proposal envelopes must be marked legibly with the Districts RFP number and title, and the District name and address, as shown in the following example: Proposal Fresh Produce [Enter Vendor Name Submitting RFP] 17/18-05 Fresh Produce Westminster School District Stephanie Tovar, Director Cedarwood Ave Westminster, CA 92683

7 PROJECT SCHEDULE DATE April 9, 2018 April 23, :00 a.m. April 25-27, 2018 May 10, 2018 May 14, 2018 EVENT Release of the RFP Deadline for submission of RFP RFP Committee to follow up with submitters as necessary Award of contract by Board of Trustees to selected Distributor Notification to selected Distributor INSTRUCTIONS FOR SUBMITTING PROPOSALS: WARNING: READ THIS DOCUMENT CAREFULLY Distributors responding to this RFP must follow the format below. Submitted materials must be in 8 ½ x 11 format. Distributor is to submit two (2) paper copies of their proposal. Proposals should be properly and legibly filled out, include responses to all questions and be verified prior to submission. Any proposal received after the scheduled closing time for receipt of proposal will be returned to the Distributor unopened. No oral or telephonic modification of any proposal submitted will not be considered. PROPOSAL COMPONENTS: MINIMUM QUALIFICATION REQUIREMENTS In order to be found sufficiently qualified to propose on this RFP, a firm must show that it meets/submits documents related to the Minimum Qualification Requirements listed below & submit documents (A-K) on or prior to the deadline of April 23, 2018 at 8:00 a.m: Minimum Qualification/Requirement Provide a complete balance sheet or annual report (verified by a certified public accountant) for the last two years of operation along with insurance requirements listed in item F. Minimum of 7 years distribution to comparable sized K-12 school district accounts Satisfactory third-party safety assessments by a third party auditor within the last (3) years Record of integrity. Respondent is licensed to do business in the State of California What proposer must submit Annual report or balance sheet & insurance coverage evidencing that the company is operating at a profit. Representation that the proposer has been in Business as a supplier of the product category for at least (7) years as evidenced in cover letter & evaluation questionnaire Signed safety plan certification Satisfactory third-party safety assessments by a third party auditor within the last (3) years Written representation that the company has not declared bankruptcy or been in receivership for a period of not less than (5) years. Current California Business License.

8 A. COVER LETTER This should include a brief statement of interest and summarize distributor qualifications as well as the name and nature of the Distributors Legal Entity. An authorized officer or person shall sign the proposal. Please include the following information in the cover letter: a. Distributor name b. Address c. Name of contact person d. Phone number e. address f. Year company was established (Minimum of 7 years) g. Number of employees h. Website i. Signature of authorized officer j. Key staff members assigned to the account k. Customer Service record l. Annual Report or balance sheet for the last (2) years m. Current California Business License n. Signed Safety Plan Certification by a 3 rd party auditor within the last (3) years B. PRICING 1) Provide Pricing for all items listed on Exhibit A. 2) Pricing for items listed is to be firm for the period of July 1, 2018 June 30, ) Prices must be listed in full cases or in pounds. 4) Provide a blanket mark-up percentage for any new product items or other produce selected for purchase by the District not listed in Exhibit A. The mark-up percentage will be based on the low price listed on the issue of the LA Wholesale Fruit & Vegetable Report. 5) Provide delivery prices for DOD produce as a delivery charge per case for the entire service period. Cases shall not be split. Vendor is responsible for sending monthly DOD balance reports to Westminster School District. 6) Prices quoted shall be FOB the individual delivery sites (Johnson, Warner, Schmitt & Nutrition Center) Prices quoted shall be fixed for the period of the agreement.

9 C. REFERENCE LIST Please supply the contact information on the included Reference form for (3) School District Food & Nutrition Departments. The list must include the following: a. District name b. Address c. Contact name and telephone number D. EVALUATION QUESTIONAIRE Distributor shall respond to the Westminster School District Evaluation Questionnaire and may attach comprehensive responses as necessary in order to answer all questions completely and accurately. E. DELIVERY PLAN Please describe the personnel, vehicles to be used, delivery schedule and detailed delivery schedule timing & personnel that the distributor will use to service the Westminster School District produce account. F. INSURANCE: Please supply proof of insurance for: Bodily Injury and Accidental Death Liability including auto in the amount of not less than $2,000,000/$2,000,000 aggregate. Property Damage Liability including auto (not less than $2,000,000 in the aggregate) Workers Compensation and Employers Liability Insurance in a form and amount covering Supplier s full liability under the California Workers Compensation Insurance and Safety Act. Part A - $2,000,000 Statutory Limits for Supplier Part B - $2,000,000 Employers Liability Insurance Certificate must name Westminster School District as additional insured and be submitted by the vendor prior to the award G. HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) PLAN Distributors on this contract must have a HACCP Program in place for their company. A copy of the vendors HACCP plan must be submitted with this proposal. H. SUSPENSION AND DEBARMENT CERTIFICATION Vendor must submit a Suspension and Debarment Certificate for this quote/bid and any bid that results in an annual contract in excess of $100,000. A form is included in the RFP packet to be completed and included with this submission.

10 I. CERTIFICATION REGARDING LOBBYING A Certification Regarding Lobbying and a Disclosure of Lobbying Activities is required to be submitted with this RFP. A form is included in the RFP packet to be completed and included with this submission. J. NON COLLUSION AFFIDAVIT Each distributor proposing on this RFP is required to execute and deliver a non-collusion affidavit in the form included in this RFP. Failure to submit such non-collusion affidavit shall be grounds to reject a proposal as non-responsive. K. BUY AMERICAN AFFIDAVIT The United States Department of Agriculture requires that Westminster School District purchase, to the maximum extent practicable, domestic commodities or products. The definition of domestic commodity or product means: (i) An agricultural commodity that is produced in the United States; and (ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Proposers on this RFP must submit a Buy American Affidavit notifying Westminster School District of any products proposed on this contract that will not be produced or processed in the United States. L. ALLOWABLE COSTS/INVOICING Allowable costs on this contract will be paid by Westminster School District Nutrition Services nonprofit food service account to the Distributor, net of all discounts, rebates and other applicable credits, to the extent that those credits are allocable to the allowable portion of the costs billed to Nutrition Services. (i) The Distributor must separately identify the amount of those costs that is allowable (that can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account); or (ii) The Distributor must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification; (iii) The Distributor s determination of its allowable costs must be made in compliance with the applicable Departmental and USDA regulations and Office of Management and Budget cost circulars; (iv) The Distributor must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to Westminster School District for payment and individually identify the amount as a discount, rebate, or in the case

11 of other applicable credits, the nature of the credit. If approved by the CDE, Westminster School District may permit the Distributor to report this information on a less frequent basis than monthly, but no less frequently than annually; (v) The Distributor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and (vi) The Distributor must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to Westminster School District, the CDE or the USDA. M. EVALUATION AND SELECTION CRITERIA Selection of a qualified and responsible Distributor will be based on the following weighted factors: A. Vendor meets all minimum qualification criteria listed above B. Pricing 40 points C. Delivery & Ordering 25 points D. Customer Service references & product quality 20 points E. Financial stability & experience 15 points The District reserves the right to contract with any entity responding to this RFP, to reject any proposal as non-responsive, and not to contract with any Distributor for the services described herein. The District makes no representation that participation in the RFP process will lead to an award of contract. The District is no obligated to accept the lowest priced proposal. This District reserves the right in its absolute discretion to accept proposals as deemed necessary for the best interest of the District. The District reserves the right to reject all proposals, or to waive any irregularities or informalities in any proposal and to make its selection of items awarded based upon its specifications. The District further reserves the right to not necessarily purchase all items or quantities listed in this RFP document. The quantities listed are estimates only and may be adjusted to meet the needs of the District as determined. Subject to the provisions herein, contract award will be made to the responsible proposer with the highest scored responsive proposal based upon the scored criteria listed in item J. ALL PROPOSALS MUST BE RECEIVED IN A SEALED ENVELOPE MARKED: RFP 17/18-05 FRESH PRODUCE DUE: MONDAY, APRIL 23, :00 AM.

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