School Nutrition Programs Procurement Procedures And Code Of Conduct

school nutrition programs procurement procedures and code of conduct template school food authorities (sfas) can use this template to iden

School Nutrition Programs
Procurement Procedures and Code of Conduct Template
School Food Authorities (SFAs) can use this template to identify their
procurement plan for USDA School Nutrition Programs. School Nutrition
Programs include the National School Lunch Program (NSLP), School
Breakfast Program (SBP), Afterschool Snack Program (ASSP), and Fresh
Fruit and Vegetable Program.
This template can be used to guide SFAs in drafting procurement
procedures that are SFA specific. Each SFA is responsible for ensuring
that all procurement procedures comply with Federal, State, and Local
procurement regulations.
PROCUREMENT PROCEDURES
A. General Procurement
1.
The SFA plan for procuring items for use in the School Nutrition
Programs is as follows. The procurement procedures maximize full
and open competition, transparency in transactions, comparability,
and documentation of all procurement activities.
2.
If the SFA is purchasing an item or items with an aggregate total
of $10,000 or less, they may conduct a micro-purchase (open
market). To the extent practicable, the SFA must distribute
micro-purchases equitably among qualified suppliers.
Micro-purchases may be awarded without soliciting competitive
quotations if the SFA considers the price to be reasonable as
required by 2 CFR 200.67.
3.
For purchases of material goods and non-professional services
between $10,001 and $24,999 and professional services up to
$49,999, the SFA must conduct informal procurement at a minimum.
The SFA must draft specifications for the goods or services being
procured and solicit quotes from at least three (3) qualified
vendors.
4.
For purchases of $25,000 or more for goods and non-professional
services and $50,001 or more for professional services, formal
procurement procedures must be used as required by 2 CFR 200.318 -
200.326.
B. Formal Procurement
When a formal procurement method is required, the SFA must solicit
through a Request for Proposal (RFP) or Invitation for Bid (IFB).
1.
A solicitation of an IFB or a RFP must be placed in a public
news publication in order to publicize the intent of the SFA
to purchase needed items. The advertisement for
bids/proposals must run at least once over two consecutive
weeks. The solicitation will include:
*
general description of goods/services being purchased;
*
contact information where potential vendors can get more
information/bid packet;
*
date of pre-bid meeting (if applicable) and if attendance is a
requirement for bid award;
*
deadline for submission of sealed bids or proposals.
*
time and location of bid opening
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2.
In an IFB or RFP, each vendor must be given an opportunity to bid
on the same specifications.
2.
The developer of written specifications or descriptions for
procurements is prohibited from submitting bids or proposals for
such products or services.
2.
The IFB or RFP must clearly define the purchase conditions. The
following list includes requirements, not exclusive, to be
addressed in the procurement document:
*
contract period;
*
date, time, and location of IFB/RFP opening;
*
how vendor is to be informed of bid acceptance or rejection;
*
delivery schedule;
*
requirements (terms and conditions) that bidder must fulfill in
order for bid to be evaluated;
*
benefits to which the SFA will be entitled if the contractor
cannot or will not perform as required;
*
statement assuring positive efforts will be made to involve
minority and small business;
*
statement regarding the return of purchase incentives, discounts,
rebates, and credits to the SFA’s nonprofit school food service
account;
*
contract provisions as required in Appendix II to 2 CFR 200;
*
contract provisions as required in 7 CFR 210.21(f) for all cost
reimbursable contracts;
*
contract provisions as required in 7 CFR 210.16(a)(1-10) and 7 CFR
250.53 for food service management company contracts;
*
price adjustment clause (tied to a standard index, i.e., consumer
price index, or other as stated in terms and conditions for
pricing and price adjustments);
*
method of evaluation and type of contract to be awarded
(solicitations using an IFB are awarded to the lowest responsive
and responsible bidder; solicitations using a RFP are awarded to
the most advantageous bidder/offeror with price as the primary
factor among factors considered);
*
method of award announcement and effective date (if intent to
award is required by state or local procurement requirements);
*
method of shipment or delivery upon contract award;
*
provision requiring contractor to maintain all required records
for three years after final payment and all other pending matters
(audits) are closed for all negotiated contracts
*
description of process for enabling vendors to receive or pick up
orders upon contract award;
*
signed Debarment/Suspension Certificate;
*
“Buy American” as outlined in 7 CFR Part 210.21(d) and SP 24-2016;
and
*
specifications and estimated quantities of products and services
prepared by the SFA and provided to potential contractors desiring
to submit bids/proposals for the products or services requested.
2.
The following criteria will be used in awarding contracts as a
result of bids/proposals. Price must be the highest weighted
criteria. Examples of other possible criteria include quality,
service, delivery, and availability.
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Price
2.
In awarding a RFP, a set of award criteria in the form of a
weighted evaluation sheet will be provided to each bidder in the
initial bid document materials. Price alone is not the sole basis
for award, but remains the primary consideration among all factors
when awarding a contract. Following evaluation and negotiations, a
firm fixed price or cost reimbursable contract is awarded.
*
The contracts will be awarded to the responsible bidder/proposer
whose bid or proposal is responsive to the invitation and is most
advantageous to the SFA, price as the primary and other factors
considered. Any and all bids or proposals may be rejected in
accordance with the law.
*
A SFA representative is required to sign on the bid tabulation of
competitive sealed bids or the evaluation criterion score sheet of
competitive proposals signifying a review and approval of the
selections.
*
Any time an accepted item is not available, the SFA will select
the acceptable alternate. The contractor must inform the SFA if a
product is not available. In the event a nondomestic agricultural
product is to be provided to the SFA, the contractor must obtain,
in advance, written approval for the product. The vendor must
comply with the Buy American Provision.
*
Full documentation regarding the reason an accepted item was
unavailable, and the procedure used in determining acceptable
alternates, will be available for audit and review.
*
The SFA is responsible for maintaining all procurement
documentation.
C. Small Purchase Procedures
If the amount of purchases for items is less than $25,000 for goods
and non-professional services or less than $50,000 for professional
services, the following small purchase procedures including quotes can
be used. (SFAs can always conduct a formal procurement review even
when goods or services are below the formal procurement threshold).
1.
Quotes from an adequate number of qualified sources (at least 3)
are required.
2.
Written specifications will be prepared and provided to protential
vendors.
3.
Each vendor will be contacted and given an opportunity to provide
a price quote on the same specifications. A minimum of three
vendors must be contacted.
4.
The price quotes will receive appropriate confidentiality before
award.
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5.
Quotes will be awarded to the most responsive and responsible
vendor with price being the primary consideration.
6.
The SFA will be responsible for documentation of records to show
selection of vendor, reasons for selection, names of all vendors
contacted, price quotes from each vendor, and written
specifications. If the SFA awards to a vendor that is not the
lowest price quote, a written explanation must be documented as to
why.
7.
Bids will be awarded on the following criteria. Price must be the
highest weighted criteria. Examples of other possible criteria
include quality, service, delivery, and availability.
Price
8.
The SFA is required to sign all quote tabulations, signifying a
review and approval of the selections.
D.
Additional SFA Responsibilities:
The SFA shall agree to retain all books, records, and other documents
relative to the award of the contract for three (3) years after final
payment. If there are audit findings that have not been resolved, the
records shall be retained beyond the 3-year period as long as required
for the resolution of the issues raised by the audit. Specifically,
the SFA shall maintain, at a minimum, the following documents:
*
a copy of the original solicitation;
*
the selection of contract type (fixed/cost-reimbursable);
*
pre-bid meeting attendance logs (if applicable);
*
the basis for vendor selection;
*
the basis for award cost or price;
*
the terms and conditions of the contract;
*
billing and payment records;
D.
Code of Conduct
No employee, officer, or agent may participate in the selection,
award, or administration of a contract supported by a Federal, State,
or local award if he or she has a real or apparent conflict of
interest. Such a conflict of interest would arise when the employee,
officer, or agent, any member of his or her immediate family, his or
her partner, or an organization which employs or is about to employ
any of the parties indicated herein, has a financial or other interest
in or a tangible personal benefit from a firm considered for a
contract.
The officers, employees, and agents of the SFA may neither solicit nor
accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts. However, the SFA may
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set standards for situations in which the financial interest is not
substantial or the gift is an unsolicited item of nominal value.
The standards of conduct must provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or
agents of the SFA. Based on the severity of the infraction, the
penalties could include a written reprimand to their personnel file, a
suspension with or without pay, or termination.
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In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA,
its Agencies, offices, and employees, and institutions participating
in or administering USDA programs are prohibited from discriminating
based on race,
color, national origin, sex, disability, age, or reprisal or
retaliation for prior civil rights activity in any program or activity
conducted or funded by USDA.
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 Agency
(State or local) where they applied for benefits. Individuals who are
deaf, hard of hearing or have speech disabilities may contact USDA
through the Federal Relay Service at (800) 877-8339. Additionally,
program information may be made available in languages other than
English.
To file a program complaint of discrimination, complete the USDA
Program Discrimination Complaint Form, (AD-3027) found online at:
http://www.ascr.usda.gov/complaint_filing_cust.html, 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:
(1) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
(2) fax: (202) 690-7442; or
(3) email: [email protected].
This institution is an equal opportunity provider.
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