The New Procurement Review for School Nutrition …...CONNECTICUT STATE DEPARTMENT OF EDUCATION The New Procurement Review for School Nutrition Programs What schools need to …

CONNECTICUT STATE DEPARTMENT OF EDUCATION

The New Procurement Review

for School Nutrition Programs

What schools need to know

Fall 2016

Connecticut State Department of Education Revised September 2019 2

The Procurement Review for School Nutrition Programs

What schools need to know

Connecticut State Department of EducationBureau of Health/Nutrition, Family Services and Adult Education


Assigned Reviewers

Monica Pacheco Andy Paul


Procurement 101 Child Nutrition Programs


The purchase of goods and services

What is Procurement?

Awarding

a ContractManaging

a Contract

Advertising

Procurement

Drafting

SpecificationsPlanning


Procurement 101


Procurement 101 Informal Procurement Process


Procurement 101 Formal Procurement Process


Use when purchase value is less than $3500

What to do

• Write a product specification and any additional vendor requirements

• Make a purchase from responsive and responsible vendor at a reasonable price

Procurement 101Micro-purchase Threshold


Procurement 101Micro-purchase Threshold

Requirements and Reminders

• Document the purchase (file product specifications/invoices)

• Do not arbitrarily split procurements


Develop a specification

• Apples, US No. 1, five 185-count boxes per week for September through December

Solicit bids

• Contact vendors (by phone, fax, e-mail or in person and provide them with specifications

Procurement 101Informal Procurement: “Three Bids and a Buy”


Bid Documentation

• Write down each vendor’s bid and constraints

• File and save all documents





Procurement by competitive sealed bidding by issuing an IFB

Use when• A complete, adequate and realistic specification is

available

• The contract can be awarded solely on the basis of price

Procurement 101Formal Procurement: Invitation for Bid (IFB)


Procurement by competitive proposal by issuing an RFP

Use when

• Conditions are not appropriate for a sealed bid

• Price won’t be the sole basis for the award

Procurement 101Formal Procurement: Request for Proposal (RFP)


Contract type (fixed price/cost reimbursement) Introduction/scope General description of goods and services

(specifications) Timeline and procedures Technical requirements Evaluation criteria

Procurement 101Sections of a Solicitation (RFP)


Procurement 101Sections of a Solicitation (RFP)

7 CFR 210.21 and 220.16 2 CFR 200.317-326

Contractual responsibilities

Written code of conduct

Buy American provision

Geographic preference

Documented procurement procedures

Written code of conduct

Full and open competition


Reflect federal, state, and local laws and regulations provided that the procurements conform to applicable federal law

Maintain all records to detail procurement history

Product specifications

Ensuring responsive and responsible vendors

Contract responsibilities, including evaluation, protests, disputes, and claims

Documented Procurement Procedures


Governs performance of employees engaged in procurement for entities receiving federal funds

Written Code of Conduct


Prohibits employees from soliciting gifts, travel packages, and other incentives from prospective contractors



Prohibits employees from participating in the selection, award, and administration of any contract to which an entity, or certain persons connected to them, have financial interest



School food authorities (SFAs) must set standards when financial interest is not substantial or the gift is an unsolicited item of nominal value and may be accepted



Must provide for disciplinary action to be applied in the event the standards are violated



SFAs must purchase, to the maximum extent practicable, domestic commodities or products

• An agricultural commodity produced in the United States

• A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States

Buy American


Applies to SFAs and entities purchasing on their behalf

• Food service management companies (FSMC), cooperatives, intergovernmental and inter-entity agreements and GPOs

• Use a specification of 100% domestically grown and processed

• Requires advance notice/documentation if an exception is required to be substituted

Buy American


Limited exceptions

• A product is not produced or manufactured in the United States in sufficient and reasonable quantities of a satisfactory quality

• Competitive bid reveals the costs of United States product are significantly higher than the foreign product

• No dollar threshold to trigger exception

• Must document the exemption

Buy American


SFAs may apply a geographic preference when procuring unprocessed locally grown or locally raised agricultural products

Unprocessed means agricultural products retain their inherent characteristics

SFA has discretion to determine local area to which this option will be applied

Geographic Preference


• Solicitation must clearly outline how responses will be evaluated and scored, including geographic preference

• Application of preference option must leave an appropriate number of qualified firms, given the nature and size of the procurement

Geographic Preference


Institute of Child Nutrition (ICN)

Procurement in the 21st Century

https://doe.sd.gov/cans/documents/ICN-procurement.pdf

Procurement 101Resources


ICN Online Courses USDA State Agency Guidance to Procurement

(Topics 1, 2, and 3)


https://theicn.docebosaas.com/learn (search “procurement”)



https://www.fns.usda.gov/farmtoschool/procuring-local-foods

USDA

Procuring Local Foods for Child Nutrition Programs



www.nfsmi.org/documentlibraryfiles/PDF/20111129111739.pdf

ICN

First Choice: A Purchasing Systems Manual for School Food Service



https://www.fns.usda.gov/tn/food-buying-guide-for-child-nutrition-programs

USDA

Food Buying Guide for Child Nutrition Programs


Procurement 101

Questions?


The New Procurement Review


Ensure program integrity

Ensure SFA’s compliance with USDA regulations

Ensure SFAs are good stewards of federal dollars received

Purpose of Procurement Review


1. In summer prior to review year, CSDE identifies SFAs requiring a review

Connecticut Procurement Review Process


2. In August, CSDE sends letters to business officials informing SFAs they are having two reviews (Administrative and Procurement)

Administrative Review dates assigned

Procurement Review occurs about same time, depending if on-site visit is necessary



3. CSDE issues second letter to food service director with specific information

Documents needed in advance of the review

Procurement Review Tool

Review looks at prior school year, e.g.,for school year 2018-19, documents are for school year 2017-18



4. SFAs submit completed procurement review tool and all requested documents to lead reviewer by specified due date



5. Based on responses provided on the Procurement Review Tool, CSDE sends e-mail to food service director/business official specifying additional documents needed for specific procurements



6. CSDE determines whether there will be an on-site portion of review (one day)

Determined on case-by-case basis

• Requested documents

• Procurement Review Tool responses

• Technical assistance/corrective action needed



On-site portion (if applicable)

Upon arrival, CSDE conducts entrance conference with food service director and at least one SFA administrator

Workspace and internet access required for review of documentation

All requested documents should be organized and ready for review when CSDE arrives



7. After completing review of all required documentation (on-site or off-site), CSDE conducts exit conference with food service director and SFA administrator



8. Within 30 days, CSDE provides report that identifies

areas requiring corrective action

corrective action due date



9. SFA must submit written corrective action plan to CSDE lead reviewer



10. When CSDE receives, reviews and approves all corrective action, CSDE sends letter closing the procurement review to superintendent, business official and food service director



Will be sent to SFA after training

Asks SFA questions about their program and requests information

CSDE works collaboratively with SFA to gather information

Allows CSDE time to focus on areas of noncompliance and provide technical assistance







Identify staff involved in procurement

Identify if SFA is part of group purchasing organization (GPO) or co-op

Identify SFA small purchase threshold





Identify Micro Purchases

Identify Informal Purchases





Identify Formal Procurements

Vendor Goods/services provided Contract Value Solicitation Type (IFB or RFP) Contract Type Duration Number of responses Was GPO/Coop involved Amendments





Identify FSMC contracts Vendor Goods/services provided Contract value Solicitation type (IFB or RFP) Contract type Duration Number of responses Was GPO/Coop involved Amendments





Identify Processing Contracts for USDA Foods Processor Goods provided contract value Solicitation Type (IFB or RFP) Contract type Duration Number of responses Was GPO/Coop involved Amendments Value pass-through used



How Does CSDE Select Procurements to Review?


Type of Procurements

• Informal procurement/small purchase

• Formal procurement/IFB and RFP

FSMC contract

Processing USDA Foods contracts

How Does CSDE Select Procurements to Review?


CSDE will request copies and review

• Written code of conduct (2 CFR 200.318(c)(1))

• Documented procurement procedures (2 CFR 200.318(a))

• Vendor paid list/summary report of expenditures by vendor

• Additional documents if needed

General Procurement Documents


Report from SFA accounting system that

• identifies all vendors paid from nonprofit food service account

• summarizes total amount paid to each vendor for the period of review (SY 2015-16)

Vendor Paid List (Summary of Expenses)



Questions?


Andy [email protected]

Procurement Review Contacts

Connecticut State Department of Education

Bureau of Health/Nutrition, Family Services and Adult Education

450 Columbus Boulevard, Suite 504

Hartford, CT 06103-1841

Monica [email protected]


https://portal.ct.gov/SDE/Nutrition/Procurement-for-School-Nutrition-Programs

CSDE Procurement Webpage


https://portal.ct.gov/-/media/SDE/Nutrition/NSLP/Procure/BuyAmericanForm.pdf

Buy American Justification Form

CSDE Procurement Resources

http://portal.ct.gov/-/media/SDE/Nutrition/NSLP/SpecDiet/SpecialDietsGuide.pdf


Procurement Acronyms and Definitions


https://portal.ct.gov/-/media/SDE/Nutrition/NSLP/Procure/ProcureDefinitions.pdf



https://portal.ct.gov/-/media/SDE/Nutrition/NSLP/Procure/ProcureDocumentationReview.pdf

Sample Documentation for Procurement Review




Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions


https://portal.ct.gov/-/media/SDE/Nutrition/NSLP/Procure/ProcureDebarment.pdf



Sample Code of Conduct


https://portal.ct.gov/-/media/SDE/Nutrition/NSLP/Procure/ProcureConductCode.doc



Sample Procurement Procedures (Version 1)


https://portal.ct.gov/-/media/SDE/Nutrition/NSLP/Procure/ProcurePlan1.doc



https://portal.ct.gov/-/media/SDE/Nutrition/NSLP/Procure/ProcurePlan2.doc

Sample Procurement Procedures (Version 2)




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: How to File a Complaint, 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.

USDA Nondiscrimination Statement

http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf

http://www.ascr.usda.gov/complaint_filing_cust.html


The Connecticut State Department of Education is committed to a policy of equal opportunity/affirmative action for all qualified persons. The Connecticut Department of Education does not discriminate in any employment practice, education program, or educational activity on the basis of age, ancestry, color, criminal record (in state employment and licensing), gender identity or expression, genetic information, intellectual disability, learning disability, marital status, mental disability (past or present), national origin, physical disability (including blindness), race, religious creed, retaliation for previously opposed discrimination or coercion, sex (pregnancy or sexual harassment), sexual orientation, veteran status or workplace hazards to reproductive systems, unless there is a bona fide occupational qualification excluding persons in any of the aforementioned protected classes.

Inquiries regarding the Connecticut State Department of Education’s nondiscrimination policies should be directed to: Levy Gillespie, Equal Employment Opportunity Director/Americans with Disabilities Coordinator (ADA), Connecticut State Department of Education, 450 Columbus Boulevard, Suite 607, Hartford, CT 06103, 860-807-2071, [email protected].

CSDE Nondiscrimination Statement

mailto:[email protected]