Regulation 3610-2

Periodic Audit

Procurement Plan School Food Authorities

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 07/11/2017
Related policies & regulations:  
Legal references:  

  

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 3019, and by the State Agency.

 

The purchasing procedure to be followed shall be determined by the anticipated total annual expenditure on items related to the food service program:

Micro-Purchase Procedures

Simplified Acquisition Threshold Procedures

For purchases made below the simplified acquisition threshold, Simplified Acquisition Threshold Procedures will be utilized to purchase necessary goods and services. When Simplified Acquisition Threshold Procedures are used, this organization 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 simplified acquisition threshold, a Formal Competitive Solicitation will be conducted. When Formal Competitive Solicitation Procedures are used, this organization will take the following steps:

  1. Prepare an Invitation for Bid (“IFB”) or Request for Proposal (“RFP”) document specifically addressing the items to be procured.
    • Include detailed specifications
    • Ensure price will be most heavily weighted
  2. Publicly announce and advertise the bid/proposal at least 21 calendar days prior to bid opening
    • 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
    • Responsible bidders will be those whose bid/proposal conform to all of the terms, conditions and requirements of the IFB/RFP
  4. Award the contract
    • To the most responsive and responsible bidder based on the criteria set forth in the IFB/RFP
    • At least two weeks before program operations begin
    • 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 simplified acquisition threshold established in the sponsor’s procurement policy statement is less than $250,000, the smaller bid threshold will govern.)

This organization incorporates the following elements into the Procurement Policy Statement, as required by 2 CFR 200 and 7 CFR parts 210, 3016 and 3019.

  1. 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)(l-7]
  2. 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)/7 CFR 3016.36(c)(3)(i)/7 CFR 3019.44(a)(3)(iv)]
  3. 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)/7 CFR 3016.36(9)]
  4. Code of Conduct:  This program shall be governed by the Code of Conduct found below 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)/7 CFR 3016.36(3)(1-1 v)]
  5. 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.
  6. 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]) [7 CFR Part 3016.36(b)(2)]
  7. General Requirements:
    • Small, minority, veteran-owned, and women’s businesses enterprises and labor surplus firms are used when possible. [2 CFR 200.321]
    • Ensure compliance with the Buy American Provision when purchasing food 7 CRF 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)]
  8. Duties of Food Service Supervisor:
    • To work with staff and clients in developing acceptable menus for breakfast and lunch.
    • 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).
    • To place and confirm orders with vendors, or make plans to purchase the required items.
    • To keep program menus up to date by testing and using new products and seeking feedback from staff and clients.
    • To send out bid quotation forms to vendors who have expressed an interest in doing business with the sponsor.
    • To make procurement awards based on the lowest and best vendor's response as determined by quality, availability, service and price.
    • To work with vendors on a fair and equal basis.
    • To develop a list of acceptable brands.  (Multiple brands per bid item when possible.)
    • To conduct an in-house procurement review once per year.

Written Code of Standards of Conduct for Nutrition Services Department

 

Regulations: 2 CFR Part 200.318(c)(l), formerly 7 CFR Part 3016.36(b)(3) and & CFR Part 3019.42, State Procurement Code and Regulations, and Lincoln Public School District Department of Purchasing.

 

Procedures: The Lincoln Public School District seeks to conduct all procurement procedures in compliance with stated regulations; and to prohibit conflicts of interest and actions of employees engaged in the selection, award and administration of contracts.

 

No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a 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.

 

The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, organizations may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.

 

Disciplinary actions, 4770 Standards for Classified and Hourly Employees as outlined in district policy will be applied for violations of such standards by officers, employees, or agents of the organization.