Procurement for the Child Nutrition Program Procedures

Procurement Procedures for the Child Nutrition Program 

The Cache County School District Child Nutrition plan for procuring items for use in the Child Nutrition Program is as follows. The procurement procedures maximize full and open competition, transparency in transactions, comparability, and documentation of all procurement activities. 

If the amount of purchases is more than the Federal small purchase threshold currently valued at $50,000, or SFA approved threshold if less, formal procurement procedures will be used as required by 2 CFR 200.318-.326 and Utah State Procurement Code and Regulations 63G-6a. Informal procurement procedures (small purchase) will be required for purchases under the most restrictive small purchase threshold. 

The following procedures will be used for all other purchases: 

1. Formal bid procedures will be applied on the basis of:

Category	Procurement Method	Evaluation Used	Contract  Award  Type	Contract  Duration/  Frequency
All perishable and non  perishable foods  and Manual All  Purpose Cleaning  Supplies, Paper  and Plastic  Supplies	Formal	Bottom  line	Cost-reimbursa ble plus fixed  fee	Five years,  Maintained by  the  UCARE Co-Op
Small wares  Capital Equipment	Formal/Micro Purchase  Formal	Bottom  line  Bottom  line	Fixed price  Fixed price	Five years  Maintained by  the UCARE  Co-Op  As needed
Fresh Bread	Formal	Bottom  line	Fixed price  with price  adjustment	Five years  Maintained by  State of Utah  Purchasing

 

Cache County School District 

Policy Series 6000: Finance and Operations 

Milk and Dairy  Products	Formal	Bottom  line	Fixed price  with price  adjustment	Five years
Office Supplies	Micro  Purchase

 

Processing  USDA  Foods	Formal	Bottom  line	Fixed price	1 year (must  terminate on  June30 each year), plus 2 1 year  renewals.  Maintained by the UCARE Co-Op
Emergency	Micro  purchase/small  purchase  procedures  (requires  authorized PO)	Price  reasonable	No contract,  equitable  distribution,  transactions  limited to  $3,500 each	As needed:  Approved  locations:  Lee’s, Macey’s,  Smith’s

 

2. Formal bid procedures will be applied on the basis of a: 

__ x ___ Centralized System 

_______ Individual School 

____x __ Multi-School Systems 

___ x __ State Contract 

_______ Combination of above (specify): 

3. Because of the potential for purchasing more than $50,000, it will be the responsibility of Director of Student Services/Child Nutrition Coordinator/or Designee to document the amounts to be purchased so the correct method of procurement will be followed. 
4. When a formal procurement method is required, the following COMPETITIVE SEALED BID in the form of an Invitation for Bid or COMPETITIVE PROPOSAL in the form of a Request for Proposal (RFP) procedures will apply: 

• An announcement of an Invitation for Bid (IFB) or a Request for Proposal (RFP) will be placed in the (Newspaper/media, IPS Website, other internet source) to publicize the intent

Cache County School District 

Policy Series 6000: Finance and Operations 

of the School Food Authority to purchase needed items. The advertisement for bids/proposals or legal notice will be run for 10 Calendar days. 

• An advertisement is required for all purchases over the districts small purchase threshold of (actual amount of the SFA’s small purchase threshold.) The announcement (advertisement or legal notice) will contain a: 
• general description of items to be purchased 
• deadline for submission of questions and the date written responses will be provided including addenda to bid specifications, terms and conditions as needed ● date of pre-bid meeting, if provided, and if attendance is a requirement for bid award ● deadline for submission of sealed bids or proposals, and 
• address of location where complete specifications and bid forms may be obtained. ● In an IFB or RFP, each vendor will be given an opportunity to bid on the same specifications. 
• The developer of written specifications or descriptions for procurements will be prohibited from submitting bids or proposals for such products or services. ● The IFB or RFP will clearly define the purchase conditions. The following list includes requirements, not exclusive, to be addressed in the procurement document: 

▪ Contract period 

▪ SFA is responsible for all contracts awarded (statement) 

▪ Date, time, and location of IFB/RFP opening 

▪ How vendor is to be informed of bid acceptance or rejection 

▪ Delivery schedule 

▪ Set forth requirements (terms and conditions) which bidder must fulfill in order for bid to be evaluated 

▪ Benefits to which the School Food Authority will be entitled if the 

contractor can not or will not perform as required 

▪ Statement assuring positive efforts will be made to involve minority and small business 

▪ 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 

▪ Procurement instruments to be used are purchase orders from firm fixed prices after formal bidding

▪ Price adjustment clause (tied to a standard index) (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 invitation for bid are awarded to the lowest responsive and responsible bidder; requests for proposal 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) 

▪ Specific bid protest procedures including contact information of person and address and the date by which a written protest must be received ▪ Provision requiring access by duly authorized representatives of the 

School Food Authority, State Agency, United State Department of Agriculture, or Comptroller General to any books, documents, papers and records of the contractor which are directly pertinent to all negotiated contracts 

▪ 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 

▪ Provision requiring the contractor to recognize mandatory 

standards/polices related to energy efficiency contained in the State Energy Plan issued in compliance with the Energy Policy and Conservation Act (PL 94-165) 

▪ Signed statement of non-collusion 

▪ Signed Debarment/Suspension Certificate or statement included in contract or copy of Excluded Parties List System (EPLS). ▪ Provision requiring “Buy American” as outlined in 7 CFR Part 

210.21(d); specific instructions for prior approval of all of non-domestic product (s).

• Specifications and estimated quantities of products and services prepared by SFA and provided to potential contractors desiring to submit bids/proposals for the products or services requested. 
• If any potential vendor is in doubt as to the true meaning of specifications or purchase conditions, interpretation will be provided in writing to all potential bidders by Director of Student Services/Child Nutrition Coordinator/or Designee and date specified. The Director of Student Services/Child Nutrition Coordinator/or Designee will be responsible for securing all bids or proposals. The Director of Student Services/Child Nutrition Coordinator/or Designee will be responsible to ensure all SFA procurements are conducted in compliance with applicable Federal, State, and local procurement regulations. 
• The following criteria will be used in awarding contracts as a result of bids/proposals. i. Price 

1. Quality 

iii. Service 

1. Delivery 

In awarding a RFP, a set of award criterion 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 must be the primary factor, with other factors considered. Any and all bids or proposals may be rejected in accordance with law. 
• Director of Student Services/Child Nutrition Coordinator/or Designee 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. Director of Student Services/Child Nutrition Coordinator/or Designee should review the procurement system to ensure compliance with applicable laws. 
• Director of Student Services/Child Nutrition Coordinator/or Designee is responsible for documentation the actual product specified is received. 
• Any time an accepted item is not available, the Director of Student Services/Child Nutrition Coordinator/or Designee will select the acceptable alternate. The contractor must inform Director of Student Services/Child Nutrition Coordinator/or Designee within 24 hours of 

delivery when a product is not available. In the event a non-domestic agricultural product is to be provided to the SFA, the contractor must obtain, in advance, the written approval of the product. The Director of Student Services/Child Nutrition Coordinator/or Designee must comply with the Buy American Provision. 

• Full documentation as to the reason an accepted item was unavailable, and to the procedure used in determining acceptable alternates, will be available for audit and review. The person responsible for this documentation is Director of Student Services/Child Nutrition Coordinator/or Designee
• The Director of Student Services/Child Nutrition Coordinator/or Designee is responsible for maintaining all procurement documentation.

Cache County School District 

Policy Series 6000: Finance and Operations 

1. If the amount of purchases for items is less than the district’s small purchase threshold, the following, SMALL PURCHASE PROCEDURES, including quotes, will be used. Quotes from an adequate number of qualified sources will be required. 
2. Written Specifications will be prepared and provided to the vendor. 
3. Each vendor will be contacted and given an opportunity to provide a price quote on the same specifications. A minimum of two vendors shall be contacted. 
4. The (Director of Student Services/Child Nutrition Coordinator/or Designee) will be responsible for contacting potential vendors when price quotes are needed. 
5. The price quotes will receive appropriate confidentiality before award. 
6. Quotes will be awarded by Director of Student Services/Child Nutrition Coordinator/or Designee. Quotes awarded will be to the lowest and best quote based upon quality, service, availability, price, and/or delivery. 
7. The Director of Student Services/Child Nutrition Coordinator/or Designee 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. 
8. The Director of Student Services/Child Nutrition Coordinator/or Designee will be responsible for documentation that the actual product specified is received. 
9. Any time an accepted item is not available, the Director of Student Services/Child Nutrition Coordinator/or Designee will select the acceptable alternate. Full documentation will be made available as to the selection of the acceptable item. 
10. Bids will be awarded on the following criteria: 
11. Price (must be Primary Factor)_______________(Ex.: quality, delivery, service, etc.) b. Quality___________________________________ 
12. Service___________________________________ 
13. Delivery__________________________________
14. The Director of Student Services/Child Nutrition Coordinator/or Designee is required to sign all quote tabulations, signifying a review and approval of the selections. 
15. If items are available only from a single source when the award of a contract is not feasible under small purchase, sealed bid or competitive negotiation, NON-COMPETITIVE PROPOSAL procedures will be used: 
16. Written Specifications will be prepared and provided to the vendor.

Cache County School District 

Policy Series 6000: Finance and Operations 

2. The Director of Student Services/Child Nutrition Coordinator/or Designee will be responsible for the documentation of records to fully explain the decision to use the non-competitive proposal. The records will be available for audit and review. 
3. The Director of Student Services/Child Nutrition Coordinator/or Designee will be responsible for documentation that the actual product or service specified was received. 
4. The Director of Student Services/Child Nutrition Coordinator/or Designee will be responsible for reviewing the procedures to be certain all requirements for using single source or non-competitive proposals are met. 
5. Non-competitive proposals shall be used for one-time purchases of a new food item in order to determine food acceptance by students and for samples for testing purposes. A record of non-competitive negotiation purchase shall be maintained by the Director of Student Services/Child Nutrition Coordinator/or Designee. The record of 

non-competitive purchases shall include, at a minimum, the following: 

• item name 
• dollar amount 
• vendor, and 
• reason for non-competitive procurement 

A member or representative of the local Board of Education or 

Governing Board will approve, in advance, all procurements that result 

from non-competitive negotiations. 

1. Miscellaneous Provisions: 
2. New product evaluation procedures will include: 

• Quality 
• Nutritional Value 
• Food Components 
• Cost 
• Rating on all procedural items (1-5) with a 3 or higher moves to a Kid’s Fair for menu placement 

2. The School Food Authority agrees that the reviewing official of each transaction will be the Director of Student Services/Child Nutrition Coordinator/or Designee.
3. Payment will be made to the vendor when the contract has been met and verified and has met the SFA’s procedures for payment. (If prompt payment is made, discounts, etc. are accepted.) 
4. Specifications will be updated as needed. 
5. If product is not as specified, the following procedure will take place:

Cache County School District 

Policy Series 6000: Finance and Operations 

Provide for a written explanation by vendor and timeframe for delivery 

Appropriate substitutions if food item is no longer available 

1. Emergency or “Pressing Need” Purchases 

1). If it is necessary to make a one-time emergency procurement to continue service or obtain goods, the purchase must be authorized using a purchase order signed by the Director of Student Services/Child Nutrition Coordinator/or Designee. The following emergency procedures shall be followed. All emergency procurements shall be approved by the Director of Student Services/Child Nutrition Coordinator/or Designee. At a minimum, the following emergency procurement procedures shall be documented: 

• item name 
• dollar amount 
• vendor, and 
• reason for emergency 

2). If it is necessary, in the course of a pressing need, to make an emergency purchase by means of “piggybacking” on the bid of another district, the following conditions must exist and approved procedures must be followed and appropriately documented as follows: 

• The SFA originating the competitive procurement must 

have a “piggyback provision” in the original solicitation; 

Documentation of the emergency requiring the 

piggybacking must be maintained; 

• Approval from the purchasing SFA’s governing board will be obtained and documented; 
• Approval from the SFA that originated the competitive procurement will be obtained and documented; 
• Approval from the Vendor that was awarded the Contract (original 

solicitation) will be obtained and documented; Approval to piggyback will be obtained and documented from the governing board during a regularly 

scheduled meeting following the public notice; 

• Notification to the Vendor of final approval will be documented and issued; ● A contract with the Vendor will be developed including: 

1. The contractor shall agree to retain all books, records and other 

documents relative to the contract agreement for three (3) years after 

final payment, or until audited by SFA, whichever is sooner. The SFA, 

its authorized agents, and/or State and/or USDA auditors shall have 

full access to and the right to examine any of said materials during said 

period.

Cache County School District 

Policy Series 6000: Finance and Operations 

3). 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. Specifically the SFA shall maintain, at a minimum, the following documents: 

• Written rationale for the method of procurement; 
• A copy of the original solicitation; 
• The selection of contract type; 
• The bidding and negotiation history and working papers; 
• The basis for contractor selection; 
• Approval from the State agency to support a lack of 

competition when competitive bids or offers are not 

obtained; The basis for award cost or price; 

• The terms and conditions of the contract; 
• Any changes to the contract and negotiation history; 
• Billing and payment records; 
• A history of any contractor claims; and 
• A history of any contractor breaches. 

1. The following conduct will be expected of all persons who are engaged in the awarding and administration of contracts supported by School Food and Nutrition Program Funds. These written standards of conduct include: 
2. No employee, officer or agent of the Director of Student Services/Child Nutrition Coordinator/or Designee shall participate in the selection or in the award or administration of a contract supported by program funds if a conflict of interest, real or apparent, would be involved. 

Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award: 

1. The employee, officer or agent; 
2. Any member of the immediate family; 
3. His or her partner; 
4. An organization which employs or is about to employ one of the above. 
5. The Director of Student Services/Child Nutrition Coordinator/or Designee employees, officers or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. 
6. Penalties for violation of the standards of code of conduct of the Director of Student Services/Child Nutrition Coordinator/or Designee) School Child Nutrition Program should be: 
7. Reprimand by Board of Education; 
8. Dismissal by Board of Education; 
9. Any legal action necessary.

Legal References: Synopsis: 

Cache County School District Policy Series 6000: Finance and Operations 

Approved by District Administration: October 26, 2017

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