BCSD Bakery Products Bid 26-04-05 Instructions

Bakersfield City School District
1300 Baker Street
Superintendent Bakersfield, California 93305
Dr. Karling Aguilera-Fort
Director of Nutrition Services
Nutrition Services Department
Eric J. Sabella
(661) 631-4733
INTRODUCTION:
The Bakersfield City School District (BCSD) is located in Kern County. The District's projected student
enrollment for the 2026-2027 school year is approximately 28,000 students. The Bakersfield City
School District is seeking bids from qualified companies to procure and deliver bakery products to
District Kitchens. This bid defines the program, the products and the services that are being sought
from the Distributor and generally outlines the program requirements.
District Objectives
The Bakersfield City School District is seeking to:
1. Ensure that students are receiving high quality bakery products.
2. Purchase high quality bakery products at the best possible price.
3. Utilize the expertise of our vendor to provide training information for our department staff on best
practices for purchasing, receiving, storing, and preparing bakery products.
4. Partner with a bakery product vendor that will provide excellent customer service.
5. Web based access for on-line ordering.
6. Marketing assistance to increase student participation.
General Terms and Conditions
General - This information to bid is in addition to any instructions or conditions stated elsewhere in the
Contract Document.
Bids - To receive consideration, bids shall be made in accordance with the following instructions.
Deadline for Receipt of Bids - Bids must be submitted electronically on or before Tuesday, May 26, 2026 at
11:00 am.
It is the responsibility of the vendor to ensure that the bid is submitted on time and to the
authorized agent.
The Bakersfield City School District reserves the right to reject any or all bids and to waive any
formality or irregularities in the bid.
Questions regarding the bid and/or bid documents will only be through the online bid portal on or
before 10:00am Tuesday, May 12, 2026.
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Bids: To receive consideration, bids shall be made in accordance with the following terms:
1. THE BID - Line-item responses and all required documents must be submitted electronically
through the online bid portal prior to the bid deadline.
2. BID SUBMISSION TYPES - Facsimile, email, or hardcopies of Bids will not be accepted.
3. DEFINITIONS - Responsible; a requesting party possessing the skill, judgment, integrity and
financial ability necessary to timely perform and complete the contract being requested. Responsive;
a bid which meets all of the specifications set forth in the bid.
4. WITHDRAWAL OF BID - Bids may be withdrawn by the bidder prior to the time fixed for the
opening of bids, but may not be withdrawn for a period of ninety (90) days after the opening of bids
(Public Contract Code sections 5100 et seq.). Written confirmation prior to the time established for
bid opening must be submitted.
5. ASSIGNMENT OF CONTRACT OR PURCHASE ORDER - The awarded bidder shall not
assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or
obligations without the prior written consent of the District.
6. BID NEGOTIATIONS - A bid response to any specific item of this bid with terms such as
"negotiable," "will negotiate" or of similar intent, will be considered as non-responsive to the specific
item.
7. PRICES - Prices should be entered as instructed on the bid general instructions for each item, in the
amount of the quantity specified in the bid. Taxes shall not be included. If during the contract period
there should be a decrease in prices of the items requested, a corresponding decrease in prices on
the balance of the deliveries shall be made to the District for as long as the lower prices are in effect,
but at no time shall the prices charged the District exceed the prices requested. The District shall be
given the benefit of any lower prices which may, for comparable quality and delivery be given by the
contractor to any other school district or any other state, county, municipal or local governmental
agency in Kern County for products listed herein.
8. TAXES - Taxes, whether Local, State or Federal, shall not be included in the bid price term.
9. BRAND NAME AND NUMBER - The bidders shall state the brand name and number in the column
provided. If none is indicated, it shall be understood that the bidder is quoting on the exact brand name
and number specified in the bid form. Should any item for which bids are requested be patented, or
otherwise protected or designated by a particular name of the maker and the bidder desires to propose
on an item of equal character and quality, the bidder may offer such substitute item by clearly indicating
that such substitution is intended and specify the brand. The District shall have the right to request
specifications of the proposed item. Such substitution shall be accepted only if deemed by the Director
of Nutrition Services to be equal in all respects to that specified.
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10. QUANTITY AND QUALITY OF MATERIALS OR SERVICES - The successful bidder shall
furnish and deliver the quantities designated on purchase orders based on provided historical data.
All materials, supplies or services furnished under the contract shall be in accordance with the bid
specifications and the District's sample or the sample furnished by the bidder and accepted by the
District. Materials or supplies which, in the opinion of the Director of Nutrition Services, are not in
accordance and conformity with said specifications and samples shall be rejected and removed from
the District premises at the bidder expense. When a sample is taken from a shipment and sent to a
laboratory for testing and the test shows that the sample does not comply with the bid specifications,
the cost of the test shall be paid by the bidder. In completing the bid, the bidder certifies that all
materials conform to all applicable requirements of CAL OSHA and all other requirements of the
law. All items of equipment and individual components, where applicable standards have been
established, shall be listed by the Underwriter Laboratories, Inc., and bear the UL label.
11. DISTRICT REQUIREMENTS- The quantity shown is the estimate of consumption for the contract
period. The needs of the District may be substantially more or less than such referenced quantities.
The articles, supplies or services listed in the bid required during the contract period shall be ordered
and purchased from the successful bidder during such period. The District shall have the right to
submit orders up to and including the last day of the contract period even though the time provided
for delivery may extend beyond such period. The District reserves the right to acquire from other
sources during the life of the contract such items as may be required for testing, evaluation or
experimental purposes, or for special programs of an emergency nature, and purchases made by
individual schools.
12. ACCEPTANCE OR REJECTION OF BIDS - The District may purchase an individual item or
combination of item, whichever is in the best interest of the District, provided also that bidder may
specify that the District's acceptance of one item shall be contingent upon the District's acceptance
of one or more additional items submitted in the same bid. Bids shall remain open and valid and
subject to acceptance for ninety (90) calendar days after the bid opening.
13. ALL BID EXCEPTIONS - All exceptions which are taken in response to this bid must be stated
clearly. The taking of bid exceptions or providing false, incomplete or unresponsive statements may
result in the disqualification of the bid. Allowance of exceptions will be determined by the
governing board whose decisions shall be final. Any bid exceptions or additional conditions
requested after the bid closure, which are not detailed within the bid response, may result in
disqualification of the bid. No oral or telegraphic modification of any bid submitted will be
considered.
14. AWARDS - The District reserves the right of determination that items requested meet or do not meet
bid specifications. Further, the Board of Education reserves the right to accept or reject any or all
bids and to waive any informality or irregularities in the bids.
15. EXECUTION OF CONTRACT- Issuance of a Purchase Order shall be evidence the contractual
agreement between the bidder and the District and the bidder's acceptance of these bid General Terms,
Instructions, and Conditions.
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16. ORDERS- Bidder shall offer an electronic on-line ordering system that will generate a confirmation
to the individual school sites. As a backup system, the bidder shall have a toll-free phone number for
individual schools to place orders in the event of an electronic failure. Bidder will have personnel
available to make adjustments and handle inquiries by the district staff.
17. DELIVERY - Time and manner of delivery are essential factors in proper performance under the
contract. Unless otherwise specified, the successful bidder shall be responsible for delivery and shall
pay all costs, including drayage, freight and packing for delivery to locations in the District as may
be specified in the bid form. Each item shall be securely and properly packed and clearly marked as
to contents. All shipments shall be accompanied by a packing slip/invoice.
18. SAFETY DATA SHEETS - For all products requiring a Safety Data Sheet - The District requires
that a Safety Data Sheet accompany orders at the time of delivery.
19. PIGGY BACK OPTION - Pursuant to Public Contract Code Sections 20118 and 20265, other Kern
County Public School Districts, and Kern County Office of Education, may purchase Bread Products
and related items and associated alternates under the same terms and conditions of this bid. The
District waives its rights to require other districts to draw their warrant in favor of the district and
authorizes each district/agency to make payments directly to the successful bidder. Bidders have the
option to accept or decline this piggyback option on a per request basis.
20. DEFAULT BY CONTRACTOR - The District shall hold the bidder responsible for any damage
which may be sustained because of failure or neglect to comply with the terms or conditions listed
herein. It is specifically provided and agreed that time shall be of the essence in meeting the contract
delivery requirements. If the successful bidder fails or neglects to comply with the terms of the bid,
the District may, upon written notice to the bidder, cancel the contract/purchase order in its entirety
or cancel or rescind any or all items affected by such default, and may, whether or not the contract is
canceled in whole or in part, purchase the materials, supplies or services elsewhere without further
notice to the bidder. The prices paid by the District at the time such purchases are made shall be
considered the prevailing market price. Any extra cost incurred by such default may be collected by
the District from the bidder, or deducted from any funds due the bidder.
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21. INSURANCE - The successful bidder shall maintain insurance adequate to protect him from claims
under Workers Compensation Laws and from claims for damages for personal injury, including death
and damage to property, which may arise from bidder's operations under the contract. The bidder
must have the Worker's Compensation Certificate, attached hereto, with their bid. Also, the
bidder may be required to file proof of such insurance, naming Bakersfield City School District as an
additional insured and requiring the bidder's insurance to be primary by separate endorsements as
follows: The bidder is required to provide proof of insurance to the Governing Board of a
comprehensive general liability insurance policy providing occurrence-based coverage to be in effect
during the term of the contract. Bodily injury shall be $1,000,000, combined single limit or
$1,000,000 per person, $1,000,000 per accident; $2,000,000 aggregate. Property Damages shall be
$1,000,000 per loss. The bidder shall also maintain automobile liability insurance covering bodily
injury and property damage in an amount of no less than $1,000,000 combined single limit for each
occurrence. Such insurance shall include coverage for owned, hired and non-owned vehicles. Failure
to furnish such evidence and insurance, if required, may be considered default by the bidder. The
contractor will not begin any services applied to this contract until all required insurance has been
provided and certificates indicating coverage have been proven. The certificate of insurance for the
above shall provide 30 days advance written notice to Director of Nutrition Services regarding
cancellation nonrenewal or reduction of coverage of any of the above insurance. The District has the
right to request a copy of the current certificate insurance at any time.
22. INVOICES AND PAYMENTS - Unless otherwise specified, the successful bidder shall render
invoices in duplicate for materials delivered or services performed under the contract, to the
individual school site, names and addresses per attached list. Invoices shall be submitted under the
same firm name as shown on the bid. The successful bidder shall list separately any taxes PAYABLE
BY THE DISTRICT and shall certify on the invoices that Federal Excise Tax is not included in the
prices listed thereon. The District shall make payment for materials, supplies, or services furnished
under the contract within a reasonable and proper time after acceptance thereof and approval of the
invoices by the authorized District Representative.
23. STATEMENT - The successful bidder shall render bills or statements to the Bakersfield City School
District, Fiscal Services Department, 1300 Baker Street, Bakersfield, CA, 93305, following the
delivery of products. An itemized, numbered invoice showing the vendor's name, date, quantity,
type, prices and extended charges of items purchased, must be furnished in duplicate to the individual
school kitchen at time of delivery, and signed by the Kitchen/Satellite Supervisor or assigned
designee. The vendor's delivery driver shall provide each location with a credit at the time of delivery
for all merchandise short on delivery, damaged or spoiled product necessitating a return, redelivery
or reorder. A copy of this credit, priced and extended, shall be mailed with corresponding invoice to
the District's Fiscal Department. The successful bidder shall submit monthly electronic statements to
the following name and address:
Bakersfield City School District
Fiscal Services Department
1300 Baker Street Bakersfield,
California 93305
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The Nutrition Service billing cut-off is the 25th of each school month, with the exceptions of the
months of June and September, which shall be the 30th. Please state discounts terms for weekly
payment. Statement may be submitted weekly for term discount or monthly for no term discount. The
monthly statement shall be broken down by site, by date and include invoice numbers for all charges.
This statement showing the month's purchases shall be received by Nutrition Services Department
by the 10th of the following month. Payment by the District will be made monthly for service
satisfactorily performed by the successful bidder after receipt of properly documented
invoices/statement.
24. VELOCITY REPORT - The District reserves the right to request velocity reports throughout the
course of contract for any and all items ordered. Velocity reports will be delivered via email to better
assist for inventory tracking purposes.
25. APPLICABLE 'BUY AMERICAN' PROVISIONS - The Buy American provisions are found in
the regulations of the National School Lunch Program (NSLP) at 7 CFR 210.21(d) and the School
Breakfast Program (SBP) at 7 CFR 220.16 (d). The Buy American provisions of Public Law (PL 100-
237) requires participants to purchase, to the maximum extent practicable, domestic commodities or
products for use in meals served under the NSLP and SBP to include the CACFP Program. Two
situations, which may warrant a waiver to permit purchases of foreign food products, are: 1) The
product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities
of a satisfactory quality. 2) Competitive requests reveal the costs of a U.S. product are significantly
higher than the foreign product. A domestic commodity or product is one that is produced and
processed in the United States substantially using agricultural commodities that are produced in the
United States. "Substantially using" means over 51 percent of the final processed product consists of
agricultural commodities that were grown domestically. This includes foods that are sold to students
as a la carte food items. Actions that districts/sponsors can take to comply with the Buy American
requirements are:
Including a Buy American clause in all procurement documents (product specifications,
bid solicitations, requests for proposal, purchase orders, etc.)
Monitoring contractor performance
Requiring suppliers to certify the origin of the product
Examining the product packaging for identification of the country of origin
Asking the supplier for specific information about the percentage of U.S. content in the food
product
26. FUEL CHARGES - 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.
27. MULTI-YEAR EXTENSIONS: Subject to the provision of pricing-terms of contract, and pursuant
to Education Code Section 17596 and 81644, this bid may be extended (by mutual consent expressed
in writing) for two (2) additional fiscal years. The renewal is contingent upon competitive pricing
and upon all terms and conditions of the original contract. The extension may be granted on a year
by year basis provided that the following conditions are being met:
1. The District has deemed the products and services of the vendor satisfactory.
2. The Vendor shall submit a list of the price increases for the next fiscal year (July 1- June 30)
by the last business day in April. Price increase must not exceed the Kern County Area
Consumer Price List for the current year with a maximum of 5% per contract term.
3. Such renewal will be made by notifying the vendor, in writing, thirty (30) days prior to the
expiration of the contract.
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28. AWARD
The District reserves the right to reject any and all bids without explanation or recourse and to
negotiate with companies submitting a bid. The District further reserves the right to contract the work
with whomever and in whatever manner the District decides, to abandon the work entirely, and to
waive any informality or non-substantive irregularity as the interest of the District may require. A
bid submitted will be administered in the following manner:
1. The committee may investigate the qualifications of the bidder/vendor under consideration,
require confirmation of information furnished by the bidder/vendor, and require additional
information and/or evidence of qualification to perform the services described in the bid. The
bid committee shall have the right to inspect the distribution facility or facilities and
equipment to be utilized by the vendor.
2. The committee will make a recommendation to the Director of Nutrition Services.
3. The Director of Nutrition Services will be the sole judge of merit. On behalf of the District,
the Nutrition Services Department will issue an Intent to Award Letter to the successful
bidder. The award will be formally made by the Bakersfield City School District Board of
Education in a timely manner.
29. BASIS OF AWARD
The bid will be awarded to the lowest responsive and responsible bidder that meets the District's
terms, conditions, and specifications. The award of this bid will be an all or nothing bid. The
bidder must respond to each line item in each category. If you do not carry the product as
specified, indicate "no" on that line item's response field. If equal is offered, "unit" must be the
same. The decision on substitutions rests solely with the Director of Child Nutrition Services.
The Governing Board of the District, however, reserves the right to reject any or all bids, to
accept or reject any one or more items of a bid, and to waive any informality in the bids or in the
bidding.
1. Bakery Products and related items shall be awarded to one vendor for service between
August 1, 2026 and July 31, 2027.
2. Awarded vendor will be required to enter into a contract with Bakersfield City School
District.
30. BID PROTEST PROCEDURES
A. Protest Procedures: Any bidder may file a Protest. Only those bidders who have actually
submitted a bid on the project shall have the right to file a Protest. The protest shall be received
in writing by the District's Nutrition Services Department Director no later than 3:00 p.m. at
the conclusion of the third (3rd) business day following the date of the bid opening. Untimely
Protests will not be reviewed by the District and will be returned to the bidder. An e-mail
address shall be provided and by filing the protest, protesting bidder consents to receipt of e-
mail notices for purposes of the Protest and Protest relation questions and Protest Appeal, if
applicable.
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B. Content of Protest: The Protest must contain a complete statement of all grounds (both
factual and legal) for the Protest. The Protest must contain all facts, refer to the specific
portion(s) of any document relied upon, and shall include copies of all documents referred to
in the protest. Any grounds not set specifically forth in the Protest are waived. The party
filing the Protest must concurrently transmit a copy of the protest to the bidder whose bid is
being challenged pursuant to these procedures.
C. Resolution of Controversy: Once the Protest is received, the affected bidder will be notified
of the protest and the evidence presented. If appropriate, the affected bidder will be given an
opportunity to rebut the evidence and present evidence that the bidder should be allowed to
perform the work. District will issue a written decision within fifteen (15) business days of
receipt of the Protest, unless factors beyond the District's reasonable control prevent such
resolution. The District shall not be required to hold an administrative hearing to consider the
Protest, but may do so at the option of the District, or if otherwise legally required. The
Decision on the Protest will state the reasons for the actions taken by the District and will be
copied to all parties involved in the Protest.
D. Appeal: If the protesting bidder or the affected bidder is not satisfied with the decision, the
matter may be appealed to the Assistant Superintendent of Business Services, or their
designee, within three (3) business days after receipt of the District's written decision on the
protest. The appeal must be in writing, set forth all factual and legal grounds for the appeal,
and be sent via overnight registered mail with all accompanying information relied upon for
the appeal and an e-mail from which questions and responses may be provided to:
Bakersfield City School District
Business Services Department
1300 Baker Street
Bakersfield, California 93305
E. Appeal Review and Finality: The Assistant Superintendent of Business Services or their
designee shall review the decision on the protest from the Nutrition Services Department
Director and issue a written response to the appeal, or if appropriate, appoint a Hearing Officer
to conduct a hearing and issue a written decision. The written decision of the Assistant
Superintendent of Business Services or the Hearing Officer shall be rendered within fifteen
(15) business days and shall state the basis for the decision. The decision concerning the
appeal will be final and not subject to any further appeals.
F. Reservation of Rights to Proceed with Contract Pending Appeal: The District reserves
the right to proceed to award the contract and commence services pending the decision on the
protest and any appeal. If there is State Funding or a critical completion deadline, the District
may choose to shorten the time limits set if written notice is provided to the
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protesting party. E-mailed notice with a written confirmation sent by First Class Mail shall
be sufficient to constitute written notice. If there is no written response to a written notice
shortening time, the District may proceed with the award.
G. Waiver: The procedures and time limits set forth in this Protest procedure are mandatory and
are the bidder's sole and exclusive remedy in the event of a Protest. The bidder's failure to
comply with this or any Protest Procedure shall constitute a waiver of any right to pursue a
Protest or in any way challenge the award, including but not limited to, any challenge pursuant
to the California Public Contract Code, filing a claim pursuant to the California Government
Code, or filing of any other legal proceedings.
31. PROVISIONS:
A. Assignment of Contracts - The vendor shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written
consent of the District.
B. Binding Effect - This Agreement shall insure to the benefit of and shall be binding upon the
vendor and District and their respective successors and assigns.
C. Severability - If any provisions of this agreement shall be held invalid or unenforceable by a
court of competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provisions hereof.
D. Amendments - The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever except by written agreement signed by
the parties.
E. Entire Agreement - This bid and all attachments thereto constitutes the entire agreement
between the parties. There are no understandings, agreements, representations or warranties,
express or implied, not specified in the Agreement. Bidder, by the execution of his/her
signature on the bid Form acknowledges that he/she has read this Agreement, understands it,
and agrees to be bound by its terms and conditions.
F. Force Majeure Clause - The parties to the contract shall be excused from performance
thereunder during the time and to the extent that they are prevented from obtaining, delivering
or performing by acts of God, fire, strike, loss or shortage of transportation facilities, lockout,
or commandeering of materials, products, plants, facilities by the government, when
satisfactory evidence thereof is presented to the other party, provided that it is satisfactorily
established that the nonperformance is not due to the fault or neglect of the party not
performing.
G. Hold Harmless Clause - The successful bidder agrees to indemnify, defend and save
harmless Bakersfield City School District, its governing board, related divisions and entities,
officers, agents, and employees from and against any and all claims, demands, losses, defense
costs, or liability of any kind or nature which the District's, it's officers, agents, and employees
may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property as a result of, arising out of, or in any manner connected with the bidder
or bidder's agents, employees or subcontractor's performance under the terms of this contract,
excepting only liability arising out of the sole negligence of the District.
H. Prevailing Law - In the event of any conflict or ambiguity between these instructions and
state or federal law or regulations, the latter shall prevail. Additionally, all equipment to be
supplied or services performed under the bid shall conform to all applicable requirements of
local, state and federal law.
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