Procurement Plan Prototype

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PROCUREMENT PLANCHILD NUTRITION PROGRAMSA Procurement Plan for School Food AuthoritiesThis document is a sample and is not intended to be all inclusive. The School Food Authority isultimately responsible to ensure that the plan complies with all Federal Regulations, StateProcurement Code and Regulations and local procurement policies. Any plan must ensure there are noprovisions that unduly restrict competition. It is the SFA’s responsibility to follow their written plan.Name of School Food AuthorityThis procurement plan contained on the following pages through will be implemented onfrom that date forward until amended. All procurements must adhere to free andopen competition. Source documentation must be available to determine open competition, thereasonableness, the allowability and the allocation of costs.SuperintendentDateChild Nutrition DirectorDatePurchasing ms.asp1

(Name of School Food Authority)PROCUREMENT PLANA. General Procurement Procedures1. The SFA will have documented Procurement Procedures for all purchases where Child Nutrition Fundsare utilized. The SFA must follow their documented procurement procedures.2. The Procurement Plan provides for free and open competition, transparency in transactions,comparability, and documentation of all procurement activities using child nutrition program funds.3. If the amount of purchases is more than the Federal small purchase threshold (currently valued at 150,000 for Charter Schools), the State Small Purchase Threshold, currently valued at 30,000 (La.R.S. 38 Public Bid, or SFA approved threshold if less), formal procurement procedures will be used asrequired by 2 CFR Part 200.318-326 and (Name of State agency) Procurement Code and Regulations.Informal procurement procedures (micropurchase or small purchase) may be used for purchases underthe most restrictive small purchase threshold, which is for (Name of School Food Authority).4. Contracts that have been awarded by the State of Louisiana Office of State Purchasing may not beutilized by the SFA unless all federal requirements are met. As of January, 2018, all required federalrequirements have not been met. SFAs are not allowed to use state contracts.5. The (Name of School Food Authority) has written codes of conduct that include prohibiting real, orapparent conflicts of interest for employees engaged in selection, award, and administration ofcontracts? [2 CFR 200.318(c)(1)/7 CFR 3016.36(3)(1-1v)]The following conduct will be expected of all persons who are engaged in the awarding andadministration of contracts supported by School Food and Nutrition Program Funds. These writtenstandards of conduct include:A. No employee, officer or agent of the (School Food Authority) shall participate in theselection or in the award or administration of a contract supported by program fundsif a conflict of interest, real or apparent, would be involved.B. Conflicts of interest arise when one of the following has a financial or other interest inthe firm selected for the award:1.2.3.4.The employee, officer or agent;Any member of the immediate family;His or her partner;An organization which employs or is about to employ one of the above.C. The (School Food Authority)employees, officers or agents shall neither solicitnor accept gratuities, favors, or anything of monetary value from contractors,potential contractors, or parties to sub-agreements.D. Penalties for violation of the standards of code of conduct of the (School FoodAuthority) School Child Nutrition Program may include but are not limited to:1. Reprimand by Board of Education;2

2. Dismissal by Board of Education;3. Any legal action necessary.6. The SFA will maintain oversight to ensure that contractors perform in accordance with the terms, conditions,and specifications of their contracts or purchase orders 2 CFR 200.318(b).7. SFA will retain records for 3 years after the final claim for reimbursement for the fiscal year or untilresolution of any audits. These records will include, but are not necessarily limited to the following: invoices,request for quotes, specifications, Buy American requirements, quotes, IFB/RFP solicitations,advertisements, bid/RFP/quote analyses, contractor selection or rejection, and contracts including ract AwardTypeMiscellaneous itemsbelow 3,500 perpurchaseInformal:MicropurchaseFixed priceMiscellaneous itemsbelow the smallpurchase thresholdInformal:Smallpurchase. BuyAmericanrequirement ifagriculturalproduct.Micro purchasesmust be spreadamong availablevendorsSmall purchasesmust have atleast 2 quotes,preferably 3quotes,documentedContractDuration/FrequencyAs neededFixed priceAs needed3

8. Formal bid procedures may be used for any dollar amount but MUST be used for all purchases in excess ofthe small purchase ontract AwardTypeFrozen Foods(Meats, Fruits,Vegetables); CannedFoods(same asabove); Bakery, Pasta,and Miscellaneous,Manual-All PurposeCleaning Supplies,Paper and PlasticSuppliesFresh Fruits andVegetablesFormalBottom lineFixed priceFormalBottom lineDish machineChemicalsSmall waresCapital EquipmentFresh BreadCommodityProcessingMilk and DairyProductsFormalBottom lineCostreimbursablePlus fixed-feeFixed priceFormalFormalFormalFormalBottom lineBottom lineBottom lineBottom LineFixed priceFixed priceFixed priceFixed priceFormalFixed price withprice adjustmentAnnual by SYOffice SuppliesDistrictcontractFormalBottom line withNOPREFERENCEPOINTS FORLOUISIANAGROWNALLOWEDBottom lineFixed priceRFPFixed PriceAnnualJuly 1-June 30Annual with 2year renewaloptionSoftware includingmaintenance fees***This is a sample. SFAs are to include their methods of gust 1January 31;February 1-July31)Bi-annual, sameas aboveAugust 1-June15May/annualMay/annualAnnual by SYAnnual by SY

9. Formal bid procedures will be applied on the basis of a:Centralized SystemIndividual SchoolMulti-School SystemsCombination of above (specify):10.Because of the potential for purchasing more than the small purchase threshold, it will be theresponsibility of (Title of person/position) to document the amounts to be purchased so the correct methodof procurement will be followed.B. When a formal procurement method is required, COMPETITIVE SEALED BID, Invitation for Bid (IFB),or COMPETITIVE PROPOSAL in the form of a Request for Proposal (RFP) the following procedureswill apply: An announcement of an Invitation for Bid (IFB) or a Request for Proposal (RFP) will be placed inthe(Newspaper/media, IPS Website, other internet source) to publicize the intent ofthe School Food Authority to purchase needed items. The advertisement for bids/proposals or legalnotice will be run for (Length of Time). An advertisement is required for all purchases over the SFA/LEA’s small purchase threshold of (actualamount of the SFA’s small purchase threshold.) The announcement (advertisement or legal notice) willcontain a: general description of items to be purchaseddeadline for submission of questions and the date written responses will be provided includingaddenda to bid specifications, terms and conditions as neededdate of pre-bid meeting, if provided, and if attendance is a requirement for bid awarddeadline for submission of sealed bids or proposals, andaddress 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.Specifications provided in the solicitation must be in sufficient detail that all prospective vendors arebidding on the same item. The developer of written specifications or descriptions for procurements will be prohibited fromsubmitting bids or proposals for such products or services. The SFA will perform a cost analysis in connection with every procurement in excess of the SmallPurchase Threshold including contract modifications. This analysis is to be included in each solicitation. The IFB or RFP will clearly define the purchase conditions. The following list includes requirements, notexclusive, to be addressed in the procurement document: Contract periodDate, time, and location of bid openingHow vendor is to be informed of bid acceptance or rejection5

Delivery scheduleSet forth requirements (terms and conditions) which bidder must fulfill inorder for bid to be evaluatedBenefits to which the School Food Authority will be entitled if the contractorcannot or will not perform as requiredStatement assuring positive efforts will be made to involve minority and smallbusinessStatement regarding the return of purchase incentives, discounts, rebates,and credits to the School Food Authority’s non-profit Child Nutrition accountPiggybacking (optional)a. Must include limitations such as dollar value or the number of additionalparties that may be added if piggybacking will be allowedb. There must be a provision that the contractor will agree to retain all books,records, and other documents relative to the contract agreement for 3years after final payment or until audited by SFA, whichever is sooner.c. A Provision to be included that the SFA, its authorized agents, and/orState and /or USDA auditors shall have full access to and the right toexamine any of said materials during said period.The SFA may only specify a brand name product when a pre-approved equalis allowed.Price adjustment clause (escalation/de-escalation) based on appropriatestandard or cost index (Consumer price index, or other as stated in terms andconditions for pricing and price adjustments)Method of evaluation and type of contract to be awardedMethod of award announcement and effective date (if intent to award is requireby State or local procurement requirements)Provision requiring access by duly authorized representatives of the SchoolFood Authority, State Agency, United State Department of Agriculture, orComptroller General to any books, documents, papers and records of thecontractor which are directly pertinent to all negotiated contractsMethod of shipment or delivery upon contract awardProvision requiring contractor to maintain all required records for three yearsafter final payment and all other pending matters (audits) are closed for allnegotiated contractsDescription of process for enabling vendors to receive or pick up orders uponcontract awardProvision requiring the contractor to recognize mandatory standards/policesrelated to energy efficiency contained in the State Energy Plan issued incompliance with the Energy Policy and Conservation Act (PL 94-165)Signed statement of non-collusionSigned Debarment/Suspension Certificate or statement included in contract orcopy of Excluded Parties List System (EPLS).Specifications and estimated quantities of products and services prepared bySFA and provided to potential contractors desiring to submit bids/proposalsfor the products or services requested.If any potential vendor is in doubt as to the true meaning of specifications orpurchase conditions, interpretation will be provided in writing to all potentialbidders by (Title of person/position) and date specified.The (Title of person/position) will be responsible for securing all bids orproposals.The (Title of person/position) will be responsible for conducting a cost or6

i.ii.iii.iv.v.price analysis in connection with every procurement action in excess of theSmall Purchase Threshold including contract modifications.The (Title of person/position) will be responsible to ensure all SFAprocurements are conducted in compliance with applicable Federal, State,and local procurement regulations.The following criteria will be used in awarding contracts as a result ofbids/proposals.Price(Ex.: quality, delivery, service, etc.)Additional Requirements for Commodity Processing Bid The value pass-through (VPT) method to be used? (NOTE: VPT rebate,netoff invoice)A provision for information in bid/response for food recalls proceduresRequirement that vendor provide contact information for a point andbackup person for handling food recallsThe name of the SFA contact and backup contact for food recallsBuy American Provision and Buy American Certification Form are requiredCooperative Bidding SFAs bidding as a cooperative are not exempt from meeting all regulations. EachSFA is responsible for maintaining copies of all solicitations, bid responses, bidawards including justification for awarding bids.Required Provisions from Appendix II to Part 200—Contract Provisions for NonFederal Entity Contracts Under Federal AwardsIn addition to other provisions required by the Federal agency or non-Federal entity, allcontracts made by the non-Federal entity under the Federal award must contain provisionscovering the following, as applicable.(A) Contracts for more than the simplified acquisition threshold currently set at 150,000, which is the inflation adjusted amount determined by the Civilian AgencyAcquisition Council and the Defense Acquisition Regulations Council (Councils) asauthorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remediesin instances where contractors violate or breach contract terms, and provide for suchsanctions and penalties as appropriate.(B) All contracts in excess of 10,000 must address termination for cause and forconvenience by the non-Federal entity including the manner by which it will be effected andthe basis for settlement.(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part60, all contracts that meet the definition of “federally assisted construction contract” in 417

CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 601.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” andimplementing regulations at 41 CFR part 60, “Office of Federal Contract CompliancePrograms, Equal Employment Opportunity, Department of Labor.”(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federalprogram legislation, all prime construction contracts in excess of 2,000 awarded by nonFederal entities must include a provision for compliance with the Davis-Bacon Act (40U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering FederallyFinanced and Assisted Construction”). In accordance with the statute, contractors must berequired to pay wages to laborers and mechanics at a rate not less than the prevailingwages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week. The non-Federalentity must place a copy of the current prevailing wage determination issued by theDepartment of Labor in each solicitation. The decision to award a contract or subcontractmust be conditioned upon the acceptance of the wage determination. The non-Federalentity must report all suspected or reported violations to the Federal awarding agency. Thecontracts must also include a provision for compliance with the Copeland “Anti-Kickback”Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,“Contractors and Subcontractors on Public Building or Public Work Financed in Whole or inPart by Loans or Grants from the United States”). The Act provides that each contractor orsub recipient must be prohibited from inducing, by any means, any person employed in theconstruction, completion, or repair of public work, to give up any part of the compensation towhich he or she is otherwise entitled. The non-Federal entity must report all suspected orreported violations to the Federal awarding agency.(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Whereapplicable, all contracts awarded by the non-Federal entity in excess of 100,000 thatinvolve the employment of mechanics or laborers must include a provision for compliancewith 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to computethe wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker iscompensated at a rate of not less than one and a half times the basic rate of pay for allhours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704are applicable to construction work and provide that no laborer or mechanic must berequired to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous. These requirements do not apply to the purchases of supplies ormaterials or articles ordinarily available on the open market, or contracts for transportationor transmission of intelligence.(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal awardmeets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient orsub recipient wishes to enter into a contract with a small business firm or nonprofitorganization regarding the substitution of parties, assignment or performance ofexperimental, developmental, or research work under that “funding agreement,” therecipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights toInventions Made by Nonprofit Organizations and Small Business Firms Under GovernmentGrants, Contracts and Cooperative Agreements,” and any implementing regulations issuedby the awarding agency.8

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—Contracts and sub grants of amounts in excess of 150,000 must contain a provision that requires the non-Federal award to agree to complywith all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.1251-1387). Violations must be reported to the Federal awarding agency and the RegionalOffice of the Environmental Protection Agency (EPA).(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contractaward (see 2 CFR 180.220) must not be made to parties listed on the government wideexclusions in the System for Award Management (SAM), in accordance with the OMBguidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAMExclusions contains the names of parties debarred, suspended, or otherwise excluded byagencies, as well as parties declared ineligible under statutory or regulatory authority otherthan Executive Order 12549.(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid foran award exceeding 100,000 must file the required certification. Each tier certifies to thetier above that it will not and has not used Federal appropriated funds to pay any person ororganization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress, or an employee of a member ofCongress in connection with obtaining any Federal contract, grant or any other awardcovered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federalfunds that takes place in connection with obtaining any Federal award. Such disclosures areforwarded from tier to tier up to the non-Federal award.Required Contract Provisions from 2 CFR Part 2001. Procurement of recovered materials- A non-Federal entity that is a state agency of apolitical subdivision of a state and its contractors must comply with sec

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