SCHOOL FOOD PROCUREMENT
The following procurement policy statement shall govern all purchasing activities that relate to any aspect of the National School Lunch and Breakfast Programs. This statement is meant to provide guidance to our personnel and vendors on acceptable and / or required procurement practices. Our goal is to fully implement all required and recommended procurement rules, regulations and policies set forth in 2 CFR 200, 7 CFR parts 210, 3016 and by the State Agency.
Procurement Policy
The purchasing procedure to be followed shall be determined by the anticipated total annual expenditure on items related to the food service program:
When the annual total for food service program related items is less than $150,000 per year (per procurement event or in aggregate purchases) this District will follow the informal Small Purchase Procedure.
When the annual total for food service program related items is greater than $150,000 per year (per procurement event or in aggregate purchases) this District will follow the Formal Competitive Solicitation Procedures.
Micro-Purchase Procedures Micro-Purchases may be used for a single purchase under $3,500 made with a vendor [2 CFR 200.320(a)].
Prices will be reviewed for reasonableness [2 CFR 200.320(a)].
Purchases will be spread equitably among all qualified sources [2 CFR 200.320(a)].
Small Purchase Procedures For purchases made below the small purchase threshold, a Small Purchase Procedures will be utilized to purchase necessary goods and services. When Small Purchase Procedures are used, this District will take the following steps:
1) Contact a minimum of three potential vendors
2) Document each vendor’s quoted price
3) Select the company that provides the lowest, most responsive, and responsible bid
4) Inform all bidding companies in writing of the final decision made by the sponsor
5) Write contract for meal service between the sponsor and the winning bidder.
Formal Competitive Solicitation Procedures For purchases made in excess of the small purchase threshold, a Formal Competitive Solicitation will be conducted. When Formal Competitive Solicitation Procedures are used, this District will take the following steps:
1) Prepare an IFB or RFP document specifically addressing the items to be procured
a. Include detailed specifications
b. Ensure price will be most heavily weighted
2) Publicly announce and advertise the bid/proposal at least 30 calendar days prior to bid opening
a. Announcements will include the date, time and location in which bids will be opened
3) Determine the most responsive and responsible bid/proposal by using the selection criteria set forth in the bid/proposal document
a. Responsive bidders will be those whose bid/proposal conform to all of the terms, conditions and requirements of the IFB/RFP
4) Award the contract
a. To the most responsive and responsible bidder based on the criteria set forth in the IFB/RFP
b. At least two weeks before program operations begin
c. If a protest is received, it must be handled in accordance with 7 CFR 210.21
5) Retain all records pertaining to the formal competitive bid process for a period of five years plus the current year
(Note: If the bid threshold established in the sponsor’s procurement policy statement is less than $150,000, the smaller bid threshold will govern.)
This District incorporates the following elements into the Procurement Policy Statement, as required by 2 CFR 200 and 7 CFR parts 210.
A. Competition: We shall demonstrate our goods and services are procured in an openly competitive manner. Competition will not be unreasonably restricted. [7 CFR 210.21(c)(1)] [2 CFR Part 200.319(a)(1-7]
B. Comparability: We recognize for true competition to take place, we must maintain reasonable product specifications to adequately describe the products to be purchased and the volume of planned purchases based upon pre-planned menu cycles. 2 CFR 200.319(a)(6)
C. Documentation: We shall maintain for the current year and the preceding three years all menus, production records, invitations to bid, bid results, bid tabulations or any other significant materials that will serve to document our policies and procedures. [2 CFR 200.318(i)
D. Code of Conduct: This program shall be governed by the attached Code of Conduct and it shall apply to all personnel, employees, directors, agents, officers, volunteers or any person(s) acting in any capacity concerning the food service procurement program. [2 CFR 200.318(c)(1) E. Procurement Review Process: This procurement plan shall receive an internal program review on an annual basis by a staff person who is not associated with food service procurement process. This review shall be summarized in written form and kept with the other required program documentation.
F. Contract Administration: Purchases shall be checked or verified by designated staff to assure that all goods and services are received and prices verified. All invoices and receipts shall be signed, dated, and maintained in the documentation file. [2 CFR Part 200.318(b)]
G. General Requirements:
• Small, minority and women's businesses enterprises and labor surplus firms are used when possible. [2 CFR 200.321]
• Ensure compliance with Buy American Provision. [7 CFR 210.21(d)]
• A cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. [2 CFR 200.323(a)]
• Documented Procurement Procedures and activities will be maintained. [2 CFR 200.318(a)]
H. Duties of Food Service Supervisor:
1. To work with staff and clients in developing acceptable menus for breakfast and lunch.
2. To compile market orders or requisitions for purchases which accurately reflect the total quantities of required foods to be ordered per (day, week or month).
3. To place and confirm orders with vendors, or make plans to purchase the required items.
4. To keep program menus up to date by testing and using new products and seeking feedback from staff and clients.
5. To send out bid quotation forms to vendors who have expressed an interest in doing business with the sponsor.
6. To make procurement awards based on the lowest and best vendor’s response as determined by quality, availability, service and price.
7. To work with vendors on a fair and equal basis.
8. To develop a list of acceptable brands. (multiple Brands per bid item when possible)
9. To conduct an in-house procurement review once per year
School Food Authority Code of Conduct
The District seeks to conduct all procurement procedures in compliance with state and federal regulations and to prohibit conflicts of interest with employees engaged in the selection, award and administration of contracts.
No employee, officer, or agent of the District may participate in the selection, award, or administration of a contract supported by Federal, State, or local funds 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.
No officer, employee, or agent of the District may solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
Officers, employees, or agents of the District who violate this policy shall be subject to appropriate disciplinary actions.
Legal Reference:
2 CFR 200 Uniform Admin. Reqrmnts, Cost Principles, and Audit Reqrmnts for Federal Awards
7 CFR 210 National School Lunch Program
2 CFR 200.317-326 Super Circular
7 CFR 210.21 NSLP Procurement
7 CFR 220.16 Breakfast Program
7 CFR 225 Summer Food Service Program
7 CFR 3016—Uniform Admin. Reqrmnts For Grants And Coop. Agreements To State And Local Govnmnts
