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procurement October 2016 Digital Learning procurement October 2016 Digital Learning

procurement October 2016 Digital Learning - PowerPoint Presentation

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procurement October 2016 Digital Learning - PPT Presentation

Arkansas Department of Education Child Nutrition Unit All school districts are required to have a Procurement Review once every 3 years beginning with the 20162017 school year Everything discussed today will be part of the Procurement ID: 739810

procurement price purchases contract price procurement contract purchases purchase bid state 000 micro buy product american required solicitation policy small threshold amp

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Slide1

procurement

October 2016 Digital LearningArkansas Department of EducationChild Nutrition UnitSlide2

All school districts are required to have a Procurement Review once every 3 years beginning with the 2016-2017 school

year

Everything

discussed today will be part of the Procurement

Review

Tune

in to the November Digital Learning for more details on the documentation, questions, and reports needed for the Procurement

Review

See

the “Procurement” page of

the ADE

CNU website for more informationSlide3

Buy American,

procurement code of conduct,and geographic preferenceJerry SwopeSlide4

BUY AMERICAN PROVISION

Required under 7 CFR Part 210.21(d); section 104(d) of the Child Nutrition Reauthorization Act of 1998 SFA’s MUST purchase, to the maximum extent practicable, domestic commodity or

product

SFA’s MUST comply with this as one of the standards for

procurement

Supports Mission of the Child Nutrition

Program

Supports local and small

businesses

USDA requesting the Industry to be ‘engaged & supportive

’Slide5

BUY AMERICAN PROVISION

DEFINITIONSDomestic Commodity or Product

an agricultural commodity that is produced in the US and a food product that is processed in the US using substantial agricultural commodities that are produced in the US.

Substantial

over 51% of the final processed product consists of agricultural commodities that were grown domesticallySlide6

BUY AMERICAN PROVISION

PLEASE NOTE THE FOLLOWING US TERRITORIESGuamAmerican Samoa

Virgin Islands

Puerto Rico

Northern

Mariana

IslandsSlide7

BUY AMERICAN PROVISION

HOW TO DETERMINE IF AN ITEM IS DOMESTIC

Packaging information

during

delivery

Box

Individual cans/package

Invoice as country of originSlide8
Slide9
Slide10
Slide11
Slide12
Slide13

ALL PROCUREMENT TRANSACTIONS MUST COMPLY WITH BUY AMERICAN WHETHER PURCHASED BY SFAS OR ENTITIES PURCHASING ON THEIR BEHALF

Group Purchasing OrganizationsCooperatives of schools Inter-entity agreementsFood Service Management Companies

BUY AMERICAN PROVISIONSlide14

LIMITED EXCEPTIONS

Used as a last resortProduct not produced or manufactured in US in sufficient & available quantity or satisfactory qualityCompetitive bids reveal the cost significantly higher than non-domestic product

BUY AMERICAN PROVISION

SFA

MUST

have documentation to justify the exceptionSlide15

WHAT KIND OF

DOCUMENTATION TO JUSTIFY EXCEPTION?Bid Prices for both domestic & foreign productsDocumentation between SFA and the food supplierEmailTelephone communication documentation

BUY AMERICAN PROVISIONSlide16

BUY AMERICAN JUSTIFICATION FORM

is required for each non-domestic productSee Commissioner’s Memo CNU-16-039

Slide17
Slide18

If non-domestic products are identified without documentation, a finding will be issued with required corrective action

Repeat violations without documentation may result in findings of unallowable expenses and require non-federal funds to repay those expenses to the nonprofit foodservice accountSlide19

BEST PRACTICES

Understand your marketInclude ‘Buy American’ provision in all product specifications bid solicitations

RFP

contracts

purchase orders

t

each staff proper receiving practices

BUY AMERICAN PROVISIONSlide20

PROCUREMENT CODE OF CONDUCT

Written into required procurement policies & procedures for the Child N

utrition

P

rogram

WRITTEN CODE OF CONDUCT SHOULD:

Prohibit

employees from soliciting

or accepting gifts

Prohibit employees from

accepting travel

packages

Prohibit employees from

accepting other

incentives from prospective contractors

Prohibit employees from participating in the selection, award & administration of any contract to which an entity, or certain persons connected to them, have financial interestSlide21

WRITTEN CODE OF CONDUCT SHOULD:

Provide Child Nutrition operators to set standards when financial interest is not substantial or the gift is an unsolicited item of nominal value and may be acceptable (for example: coffee mug, pencil, or

calendar)

P

rovide

for disciplinary actions to be applied in the event the standards are violated.

PROCUREMENT CODE OF CONDUCTSlide22

GEOGRPAHIC PREFERENCE

Prohibited in Federal procurements except where applicable Federal Laws expressly permit their useNational School Lunch Act: Schools have the option to apply a geographic preference when procuring unprocessed locally grown or locally raised agricultural products

The SFA can determine the definition of localSlide23

SUMMARY

Districts MUST follow BUY AMERICAN provisionAll non-domestic products MUST be evaluated with documentation

The ‘BUY AMERICAN JUSTIFICATION FORM’ MUST be completed for all non-domestic products

Districts MUST have a WRITTEN Procurement Code of Conduct

Districts can apply a geographic preference when procuring locally grown unprocessed foodsSlide24

INFORMAL PROCUREMENT

Micro-purchasesMaegan Wade, RD, LDSlide25

Procurement Methods

Simplified Acquisition Threshold

“Small Purchase Threshold”

(State

Threshold = $

10,000

)

<

>

Informal

Formal

Micro-Purchases

Small Purchases

Total purchase is

$

3,500

Distribute equitably among suppliers

Price is reasonable

Price quotes from adequate number of qualified sources

Total purchase is $3,501 - $10,000

*

Requires public advertising

Sealed Bids (

IFBs

)*

Competitive Proposals (

RFPs

)*

ORSlide26

MICRO-PURCHASES

USED WHEN THE PURCHASE

OF SUPPLIES OR SERVICES ARE

$3,500

ENSURE PURCHASES

ARE DISTRIBUTED EQUALLY AMONG QUALIFIED SUPPLIERS

NO QUOTES REQUIRED

PRICE MUST BE RESPONSIBLESlide27

WHAT IS CONSIDERED A PURCHASE?

EXAMPLESA

Child Nutrition Director

purchases computer paper, ink cartridges, paper towels, and cleaning fluids

from the same supplier at the same time

. That would be a single transaction.

If the

total

bill

did not

exceed $3,500,

this transaction

is

a

micro-purchase.

A

Child Nutrition Director makes

the following purchases on the

same day at two separate locations

:

computer

paper and ink cartridges at a retail office supply store, and paper towels and cleaning fluids at a different retailer store

. Each purchase is a separate transaction, therefore the dollar amount spent at each store must not exceed $3,500.

MICRO-PURCHASESSlide28

DISTRIBUTING

EQUALLY AMONG QUALIFIED SUPPLIERSChild Nutrition Programs cannot make micro-purchases from only one sourceThis provides qualified sources the opportunity for business

“Spread the Wealth”

MICRO-PURCHASESSlide29

SHOULD A SMALL DISTRICT IDENTIFY THEIR MOST FREQUENTLY PURCHASED ITEMS AND COMPARE PRICES?

Although a good idea, and a sound business practice, price comparisons are not required for purchases that do not exceed $3,500 as long as the district considers the price to be reasonable. 

Price

comparison

requirements could be

included in the

district’s required written procurement policy.

WHAT

IF A SMALL DISTRICT SHOPS AT A RETAIL GROCERY STORE WEEKLY, AND THEIR BILL IS LESS THAN $3,500?

Price comparisons are not required for micro-purchases as long as the district considers the price to be reasonable. The district must, however, to the extent practicable, distribute these purchases equitably among qualified suppliers

MICRO-PURCHASESSlide30

IS THERE A LIMIT ON HOW MANY MICRO-PURCHASES CAN BE MADE?

There is not a limit on the number of micro-purchases allowed, however: Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, analysis to determine the most economical approach should be made. Non-perishable items might be easier to consolidate into economical purchases, while perishable foods might not; such guidelines could be included in the

district’s

required written procurement

policy.

MICRO-PURCHASESSlide31

MICRO-PURCHASES

PROCESS TO USE:Figure out what you need to purchase

(Buy American is required)

Conduct research of the product(s) or service(s) needed

Make the purchase

Distribute micro-purchases equally among qualified suppliers Slide32

EXAMPLE

3 year contract where the cost per year is $2,000 (total contract amount is $6,000)Would this be considered a micro-purchase because the cost per year is less than $3,500?

MICRO-PURCHASES

No—You must go by the total contract amount of $

6,000

Small purchase procedures must be used! Slide33

INFORMAL PROCUREMENT

Small purchasesShelia BaileySlide34

Procurement Methods

Simplified Acquisition Threshold

“Small Purchase Threshold”

(State

Threshold = $

10,000

)

<

>

Informal

Formal

Micro-Purchases

Small Purchases

Total purchase is

$

3,500

Distribute equitably among suppliers

Price is reasonable

Price quotes from adequate number of qualified sources

Total purchase is $3,501 - $10,000

*

Requires public advertising

Sealed Bids (

IFBs

)*

Competitive Proposals (

RFPs

)*

ORSlide35

SMALL PURCHASES

USE IT WHEN…

The estimated amount of your purchase is

between $3,501 to $10,000

or if your district has a

more restrictive threshold

Obtain

at least three

oral or written quotes

email, phone, in-person, mail, etc.

DocumentedSlide36

PRE-BID INSTRUCTIONS

Over the school year talk to prospective vendors to see what kinds of products they offer and who to contact in the future when you need quotes on pricing.Schools will want to seek out enough vendors to ensure they can get pricing from at least three vendors.Build quality business relationships with the vendors.By building these vendor relationships over the school year, you will have a better understanding about what is available in the market and it will reduce the time it takes to conduct a competitive procurement.

SMALL PURCHASE PROCEDURESSlide37

SMALL PURCHASE PROCEDURE PROCESS:

DRAFT specifications in writing

IDENTIFY

and

NOTIFY

at least 3 sourcesSlide38

Document

bidders’ response to specificationsEvaluate bidders’ response to specifications

AWARD

contractSlide39

MANAGE

the contractSlide40

BUY AMERICAN APPLIES

Include U.S. as the country of origin to food specificationsMonitor food deliveries and invoices to determine country of originConsider alternative U.S. products before approving exceptionsDocument exceptions:

*

Price of domestic is significantly higher than non-domestic

* Availability of quality of domestic dos not meet required quantity

SMALL PURCHASESSlide41

INFORMAL PROCUREMENT

(3 BIDS & A BUY)Slide42

Supplier Name:

Supplier A: Bob’s Company

Supplier B: Mary’s Company

Supplier C: Pat’s Company

Items to be Purchased:

Product specifications

Delivery Frequency:

one time delivery

Bid will be honored for:

two weeks

(school will state time period)

Quantity estimated to be purchased

 

 

Unit Price

Extended Price (Quantity x Unit Price)

*BS

(

)

 

 

Unit Price

Extended Price (Quantity x Unit Price)

*BS

(

)

 

 

Unit Price

Extended Price (Quantity x Unit Price)

*BS

(

)

Applesauce 6/10 cans

30

15.75

472.50

16.50

495.00

15.00

450.00

Pineapple 6/10 cans

10

16.25

162.50

17.50

175.00

18.00

180.00

Cranberry Sauce 6/10 cans

5

25.25

126.25

21.75

108.75

23.50

117.50

Peaches, Freestone, (Halves) 6/10 cans

30

22.25

667.50

21.50

645.00

22.75

682.50

Total:

$1433.25

$1423.75

$1430.00

*Bidder Selected (BS)

*Bidder Selected (BS); school can award all items to one bidder (lowest total price) or award purchase on a line item basis (lowest line item price). School need to tell the bidders which option they will use for awarding the purchase when they are asking for pricing. Schools can state that either option may be used by the school to award the purchase.

Method of contact: Phone, Fax, Email or In Person

Fax

Phone

In Person

Name of person providing bid:

Bob

Mary

Pat

Date contacted:

July 11, 2012; Faxed in bid - Bid sheets attached

July 10, 2012; Price given per phone. - Confirmed in writing and attached

July 13, 2012; Visited store and obtained prices. - Price sheet attached

Additional Notes:

 

Bob said their fresh fruit and vegetables are more competitively priced than canned goods.

 

 

Best overall pricing; Mary stated that they will have a clearance special going on in October.

 

Pat said that their delivery costs have gone up recently but that in November they will have a new distributor and pricing.

 

 

Signature of person completing this form: Sam Anderson

Date: July 15, 2012

Instructions and example for Completing Informal Procurement Log

(Purchases costing less than $10,000)

The Informal Procurement Log can to be used to document all bids received as a result of the schools’ solicitation for purchasing products/services costing less than $10,000. A school will need to

solicit at least three bids

in order to achieve competition and to satisfy federal procurement requirements. Schools will need to document the bids and all other pertinent information discussed with the bidders. Schools must make certain that all bidders receive the same product specifications.

All procurement records must be kept for at least five years from the date the last invoice is paid.

INFORMAL PROCUREMENT LOGSlide43

Supplier Name:

 

 

 

Items to be Purchased:

Delivery Frequency : __________

Bid will be honored for: ________

(number of day(s)/week(s)/month(s)) (school will state time period)

Quantity estimated to be purchased

Unit Price

Extended Price (Quantity x Unit Price)

*BS

(

)

 

Unit Price

Extended Price (Quantity x Unit Price)

*BS

(

)

 

Unit Price

Extended Price (Quantity x Unit Price)

*BS

(

)

1.

Product name & specification:

 

 

 

 

 

 

 

 

2.

Product name & specification:

 

 

 

 

 

 

 

 

3.

Product name & specification:

 

 

 

 

 

 

 

 

4.

Product name & specification:

  

 

 

 

 

 

 

5.

Product name & specification:

 

 

 

 

 

 

 

 

6.

Product name & specification:

 

 

 

 

 

 

 

 

Total:

$

$

$

*Bidder Selected (BS)

*Bidder Selected (BS); school can award all items to one bidder (lowest total price) or award purchase on a line item basis (lowest line item price). School need to tell the bidders which option they will use for awarding the purchase when they are asking for pricing. Schools can state that either option may be used by the school to award the purchase.

Method of contact: Email/Fax/Mail/In person/Phone

 

 

 

Name of person quoting pricing:

 

 

 

Date contacted:

 

Additional Notes:

 

 

 

 

Signature of person completing this form:

 Date: INFORMAL PROCUREMENT LOG AND EVALUATION MATRIX (Purchases costing less than $10,000) Name of bidder selected: ______________________________Bidder selected was notified on

: ___________________ (If notification was in writing attach document to the procurement log/evaluation matrix)

Method of notification

: ____________________ (Email/Fax/Mail/In person/Phone)Slide44

Micro Purchases

Small Purchase Procedures

Regulations

200.320(a)

200.67

200.320(b)

200.88

Procedures in a

nutshell

Procurement by micro-purchase is the acquisition of supplies or services not exceeding

$3,500

; may be awarded without soliciting competitive quotations if price is reasonable.

Purchases <$10,000

(or State/local threshold if less)

Minimum of three price quotes

State

Agency

oversight

Assurance of reasonable and necessary costs, Buy American as found in applicable Program

regulations

Assurance of competition, Buy American as found in applicable Program

regulationsSlide45

QUESTIONS?Slide46

Formal

procurementinvitation for bid (ifb)

Ronna

SeGraves

, MS, RD, LDSlide47

Procurement Methods

Simplified Acquisition Threshold

“Small Purchase Threshold”

(State

Threshold = $

10,000

)

<

>

Informal

Formal

Micro-Purchases

Small Purchases

Total purchase is

$

3,500

Distribute equitably among suppliers

Price is reasonable

Price quotes from adequate number of qualified sources

Total purchase is $3,501 - $10,000

*

Requires public advertising

Sealed Bids (

IFBs

)*

Competitive Proposals (

RFPs

)*

ORSlide48

Formal Procurement Methods

Simplified Acquisition Threshold

(State

Threshold =

$10,000)

>

Formal

Sealed Bids (IFBs)*

Competitive Proposals (

RFPs

)*

OR

Contract Awarded to

:

Lowest responsive and responsible bidder.

Fixed Price Contract

with or without price adjustments tied to a standard index

Requires

public Advertising.

Open publically at time and place prescribed.

Contract Awarded to:

Most advantageous response with price as primary factor among factors considered.

Fixed Price Contract

with or without price adjustments tied to a standard index

or

Cost Reimbursable Contract

Requires public

Advertising.

Includes evaluation factors

(price is primary)

**The solicitation must clearly state what type of contract will be awarded**Slide49

THE SEALED BID

USE IT WHEN…

Procurement by

sealed

bidding is done by issuing an

invitation for bid (IFB)

A complete, adequate, and realistic specification is available

The contract can be awarded on the basis of

price

Two or more bidders

are available

– WILLING and ABLE to competeSlide50

THE COMPONENTS OF A SEALED BIDSlide51

THE SEALED BID PROCESSSlide52

FORMAL BID PROCESS

Decide items you need (use menu & USDA program requirements) and how much you can commit to purchase for the year

Evaluate available vendors – obtain contact (solicitation) information –expectations associated with the purchase

Write descriptions/specifications

Prepare cover letter and mail out bid requests

Open returned bids & evaluate per established criteria

Award letter sent to selected vendor

Manage the contractSlide53

Product Name

VarietyGrade

Size

Quantity

Quality

Cleanliness

Packaging

Delivery

Food Safety

Farm Practices and Characteristics

Other requirements based on product or service

WRITING CLEAR AND THOROUGH SPECIFICATIONSSlide54

INFORMATION THAT SHOULD BE

INCLUDED IN BID INTRO

Delivery Information and Specific Details (Time, Location, required duties)

Standards of their company

Certification of Debarment

Buy American

Notice of Escalation / De-escalation

Fuel Surcharge

Rebate Policy

Substitution PolicySlide55

TYPES OF SOLICITATIONS AND AWARDS

Line Item SolicitationIndividual items are solicited

Vendor

can bid on each item accordingly

Market Basket Solicitation / Product Grouping Bids

Vendor

submits a solicitation for the entire group (lot) of

items

Prime Vendor Solicitation (

prime vendor, Bottom Line or

all-or-nothing solicitation)

Estimated quantities are

multiplied by case price to

determine

total cost for bid contractSlide56

ADVERTISING THE IFB

The content of the solicitation announcement should be sufficient enough in scope to allow

bidders

to identify:

The general nature of the goods or services to be procured

The method of procurement that will be used (formal-IFB or RFP)

How they can obtain the solicitation or more information

The due date for responses to the solicitationSlide57

ADVERTISING THE IFB—DUE DATES

Keep in Mind:The complexity of your IFB

USDA recommends using 4-6 weeksSlide58

ADVERTISING METHODS FOR THE IFB

Newspaper announcement (state, regional)

Trade journals

Invitation

letter (direct mailings)

Email or fax

to company

District WebsiteSlide59

EVALUATING THE PROPOSALS:

means that the vendor submits a bid that conforms to all terms of the solicitation

means that the vendor is capable of performing successfully under the terms of the contract

RESPONSIVE

RESPONSIBLE

Ensuring Responsive and Responsible ContractorsSlide60

EVALUATE & CHOOSE A VENDOR –

MAKING THE DECISIONPrice Rationale may include:

Payment terms

Quality

Delivery Time

Freight Charges

Shipping

Point

Can choose to use more than one vendorSlide61

DETERMINE IF A CONTRACTOR IS RESPONSIBLE BY INVESTIGATING THE CONTRACTOR’S:

IntegrityCompliance with public policyRecord of past performanceFinancial and technical resources

IF IT IS DETERMINED THAT THE CONTRACTOR IS NOT RESPONSIBLE:

Carefully document decision

Contractor becomes ineligible for award

RESPONSIBLE?Slide62

This ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts, and allows for adequate and timely follow-up of all purchases

MANAGING YOUR CONTRACTSlide63

THE DISTRICT MUST MONITOR VENDOR PERFORMANCE TO

MAKE SURE THEY:Receive the quantity and quality of the goods and services requested

Receives

the goods and services on time

Adhere to the prices

as

bid

Provide Good Customer Service

Act Responsible and Responsive

MANAGING THE BID…AFTER THE AWARDSlide64

SFA RESPONSIBILITIES

Ultimately, it is the district’s

responsibility to follow each of these Procurement Process steps

The

district

is

NOT

to be guided by vendors’ opinions or requestsSlide65

Formal procurement COMPETITIVE PROPOSALS (

RFps)Vicki HillSlide66

Procurement Methods

Simplified Acquisition Threshold

“Small Purchase Threshold”

(State

Threshold = $

10,000

)

<

>

Informal

Formal

Micro-Purchases

Small Purchases

Total purchase is

$

3,500

Distribute equitably among suppliers

Price is reasonable

Price quotes from adequate number of qualified sources

Total purchase is $3,501 - $10,000

*

Requires public advertising

Sealed Bids (

IFBs

)*

Competitive Proposals (

RFPs

)*

ORSlide67

Formal Procurement Methods

Simplified Acquisition Threshold

(State

Threshold =

$10,000)

>

Formal

Sealed Bids (IFBs)*

Competitive Proposals (

RFPs

)*

OR

Contract Awarded to

:

Lowest responsive and responsible bidder.

Fixed Price Contract

with or without price adjustments tied to a standard index

Requires public Advertising.

Open publically at time and place prescribed.

Contract Awarded to:

Most advantageous response with price as primary factor among factors considered.

Fixed Price Contract

with or without price adjustments tied to a standard index

or

Cost Reimbursable Contract

Requires public

Advertising.

Includes evaluation factors

(price is primary)

**The solicitation must clearly state what type of contract will be awarded**Slide68

COMPETITIVE PROPOSALS

USE IT WHEN…

Procurement by competitive proposal is done by issuing a

request for proposal (RFP

)

2CFR PART 200.320(d)

Conditions aren’t appropriate for a sealed bid

Price

*

won’t necessarily be the sole basis for the award

Adequate number of qualified sources (more than one)

* Price is primarySlide69

CONTRACT TYPE:

FIXED PRICE OR COST REIMBURSABLE

Introduction/Scope

Specifications

Include terms, conditions, required contract provisions

Timelines

& Procedures

Technical Requirements

Evaluation and Scoring

Criteria-MUST HAVE the price primary factor

COMPETITIVE PROPOSALSSlide70

WHAT IS THE DIFFERENCE IN CONTRACT TYPES?

FIXED PRICE CONTRACT

Price

is fixed for the contract

duration

Price

adjustments authorization and procedures, if any must be included in the

solicitation

Must be tied to a standard index such as the Consumer-Price

Index

, and

The frequency of adjustment included

Provides the maximum incentive for the contractor to control costs and perform effectively Slide71

FIXED PRICE CONTRACT

Imposes

the

least administrative burden

on the contracting parties (SFAs and other Program operators

)

Contract

duration may be less than one year

as specified in the solicitation and contract

Includes required contract provisions in Appendix II of 2 CFR Part 200

WHAT IS THE DIFFERENCE IN CONTRACT TYPES? (CONTINUED)Slide72

COST-REIMBURSABLE CONTRACT

Provides

for payment of allowable costs incurred in performing the contract

Use when there are uncertainties involved in the contract performance affecting price estimates

Solicitation documents must include evaluation and scoring criteria with price as the primary factor among factors considered

WHAT IS THE DIFFERENCE IN CONTRACT TYPES? (CONTINUED)Slide73

COST-REIMBURSABLE CONTRACT (

con’t)

Requires the use of required contract provisions in 7 CFR Part 210.21(f) and Appendix II of 2 CFR Part 200

Provides

for the reimbursement of allowable costs

plus

the payment of a fixed fee to the contractor

WHAT IS THE DIFFERENCE IN CONTRACT TYPES? (CONTINUED)Slide74

COMPETITIVE PROPOSALS PROCESS

DEVELOP

solicitation—

Buy American

Required

Publicly

ANNOUNCE

the

RFP-

Proposals—must

be solicited from an

ADEQUATE

number of qualified sources

IDENTIFY

all evaluation factors and their relative importance

EVALUATE

bidders’ response to specifications

AWARD

contract—To

the

RESPONSIBLE

firm whose proposal is most

ADVANTAGEOUS

to the program, with

PRICE

and other factors

considered

MANAGE

contract to ensure complianceSlide75

NONCOMPETITIVE PROPOSALS

USE IT WHEN…

Procurement through solicitation of a proposal from only one source

Authorized by

State Agency

after written request

Item

is only available from one source

Public

emergency

– will not permit a delay

After

solicitation of a number of sources, competition is deemed inadequate

7 CFR §3016.36(d)(4) / 2 CFR §200.320(f)Slide76

10/5/2016

76

Sealed

Bids (

IFB)

 

Competitive Proposals (RFP)

 

Non-competitive Proposals

Regulations

 

200. 320(c)(1)(i-iii)

200. 320(c)(2)(i-v)

 

 

200. 320(d)(

1)

 

 

200.320(f)(1)

 

Procedures In a nutshell

Technical specifications

Advertise bid

Public bid opening

Award

on price alone – firm fixed price

Solicitation includes evaluation criteria. Award based on score with significant weight on price and not price alone

*

Item

available only from a single source

*authorized written consent

*public

exigency

*competition

deemed inadequate

State Agency oversight

Assurance of advertising, bid opening and resulting in fixed price contract (required provisions relative 7

CFR

210 and 7 CFR 200)

Appendix 2 part 200

Assurance of advertising, SA approval prior to execution of contract, may result in fixed price or cost

reimbursable

SA

must assure SFA receives discounts, rebates and credits in cost reimbursable contracts

Assure adherence to 200.320(f)(1) Slide77

QUESTIONS?Slide78

Procurement policy

Rita HamiltonSlide79

PROCUREMENT POLICY

In our state, during the 2015-2016 School year (Original Agreement) SFA/LEA had to complete a Procurement Attestation Checklist stating that the Procurement Policy contained all of the following information and that it has been implemented by the SFA/LEA and available for review by ADE, CNU staff during monitoring reviews, legislative audit or private auditors, or other regulatory agencies, as needed during hours of program operation to ascertain compliance. Slide80

PROCUREMENT POLICY

State the name(s) and position(s) of:

those

persons authorized by the SFA/LEA as purchasing agent(s)

t

hose persons

responsible for compliance with local, state and federal program

regulations

t

hese names must

follow the approved Local Procurement Policy for the

CNP

t

hese names

must be submitted on

SFA/LEA

the Contact Information sheet.Slide81

PROCUREMENT POLICY

Must ensure that all solicitations:

Incorporate

a clean and accurate description of technical requirement of the material, product or service being procured, which may include a statement of qualitative

nature

of the material, product or

service

Set

minimum essential standards to which the material, product or service must conform if it is to satisfy its intended

use

Must not contain features which unduly restrict competition.Slide82

PROCUREMENT POLICY

USDA Regulations require formal Invitation for Bid (IFB) or Request for Proposal (RFP) for purchases of $

150,000 or

more.

Due to Arkansas’ more restrictive threshold of $10,000, all purchases above $10,000 require formal purchasing as described below.

The State of Arkansas

purchasing requirements provide for formal

IFB

or RFP procedures for purchases of

$10,000 or more.

Describe

in the Procurement Policy

how

this requirement will

be met for purchases of

$10,000 or more

.Slide83

PROCUREMENT POLICY

SFA’s/LEA’s may determine a lower threshold for formal and informal procurement to be

used.

Describe

in the Procurement Policy the process which will be used for purchases with a threshold

between

$

3,501

to $10,000

(open market purchases) for informal procurement methods.Slide84

PROCUREMENT POLICY

Describe the micro-purchase procedure the district will use for purchases

of

$3,500

and

below.

M

ust include a Written Code of Conduct for Employees (as Jerry discussed earlier).Slide85

If pouring rights and vending contracts within the district include Child Nutrition Programs, they must meet all federal, state and local regulations, including:

use of non-profit food service account funds and required purchasing by the Child Nutrition Programs state regulations restricting access times, serving sizes and variety of contents.

Describe in the Procurement Policy how these requirements will be met.

PROCUREMENT POLICYSlide86

The SFA/LEA may chose to participate in a Purchasing Cooperative.

If applicable, describe how the Purchasing Cooperative will meet federal, state, and local procurement regulations. All Purchasing Cooperative procurement documentation must be available for review.

PROCUREMENT POLICYSlide87

QUESTIONS?