The New Procurement Review for School Nutrition Programs

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1 New Jersey Department of Agriculture 1 The New Procurement Review for School Nutrition Programs What New Jersey schools need to know August 2017 WEBINAR

2 LEARNING OBJECTIVES Participants should be able to: Understand federal, state and local requirements for procuring goods and services Enterprise Fund (60) Food Service account Understand the federal Procurement Review Process Understand the SFAs responsibilities regarding contract management Understand the differences between informal and formal procurements New Jersey Department of Agriculture 2

3 New Jersey Department of Agriculture 3 Procurement 101 School Nutrition Programs

4 School Nutrition Program Fundamentals Schools participating in the federally funded School Nutrition Programs must comply with: Federal regulations Government wide - 2 CFR 200 (THE SUPER CIRCULAR) EFFECTIVE OCTOBER 1, 2015 COST PRINCIPLES (allowable/unallowable costs) Subpart E PROCUREMENT Parts Program specific (7 CFR 210, 215, 220 & 250) ELIGIBILITY MEAL REQUIREMENTS FOOD SERVICE ACCOUNT New Jersey Department of Agriculture 4

5 School Nutrition Programs Fundamentals con t New Jersey School Law and Code Public School Contract Law - N.J.S.A. 18 A - 18 A -1 Administrative Code - N.J.A.C. 5:34-1 Applies to ALL public schools (including charter schools) Sections apply to school meal programs: REIMBURSEMENT PROCUREMENT New Jersey Department of Agriculture 5

6 What is PROCUREMENT? Procurement is the act of obtaining goods or services in exchange for money or value As recipients of federal dollars, all schools are expected to procure goods and services in the proper manner. ALL procurement, regardless of the dollar amount, must provide for full and open competition ALL procurement must adhere to federal requirements. In addition, when state and/or requirements are stricter, they must be followed too! New Jersey Department of Agriculture 6

7 New Jersey Department of Agriculture 7 What is Procurement? The purchase of goods and services Planning Drafting Specifications Advertising Procurement Awarding a Contract Managing a Contract

8 New Jersey Department of Agriculture 8 Procurement Methods Informal Formal Micro- Purchases < $3,500 Aggregate Single Purchase Distribute equitably among suppliers Small Purchases Federal Threshold = $150,000 NJ State Threshold = $29,000 (With a QPA = $40,000) Requires price quotes from at least 3 bidders Sealed Bids (IFBs), Competitive Proposals (RFPs) & Non-competitive Proposals * Requires public advertising

9 Procurement Procedures Must have documented procurement procedures that conform to federal requirements and reflect applicable state and local standards Must have written standards for Code of Conduct for Procurement Bid protest procedures must be available Documentation throughout the process is key for transparency. Build it into the procedure. New Jersey Department of Agriculture 9

10 Identify/Forecast Needs Conduct an independent cost analysis to determine what the anticipated cost may be (e.g. ask colleagues, check websites) The anticipated cost will determine method of procurement (e.g., formal vs informal) Gather information related to product or service (research, review market, discuss with colleagues, attend professional trainings, etc. in order to write a comprehensive solicitation New Jersey Department of Agriculture 10

11 New Jersey Department of Agriculture 11 Identify/Forecast Needs continued Contractors that develop or draft specifications, requirements, statements of work, solicitation documents must be excluded from competing for the procurement.

12 Procurement 101 Informal Procurement Process New Jersey Department of Agriculture 12

13 Procurement 101 Formal Procurement Process New Jersey Department of Agriculture 13

14 Use when aggregate single purchase value is less than $3500 What to do Procurement 101 Micro-purchase Threshold Write a product specification and any additional vendor requirements Make a purchase from responsive and responsible vendor at a reasonable price New Jersey Department of Agriculture 14

15 Procurement 101 Micro-purchase Threshold Requirements and Reminders Document the purchase (file product specifications/invoices) Do not arbitrarily split procurements Rotate purchases among qualified suppliers New Jersey Department of Agriculture 15

16 Develop a specification Apples, US No. 1, five 185-count boxes per week for September through December Solicit bids Procurement 101 Informal Procurement: Three Bids and a Buy Contact vendors (by phone, fax, or in person and provide them with specifications New Jersey Department of Agriculture 16

17 New Jersey Department of Agriculture 17 Procurement 101 Informal Procurement: Three Bids (Quotes) and a Buy Specifications/product description provide enough detail for vendor to respond adequately Telephone or written quotations from 3 qualified and responsible vendors (followed up by an /fax) Date of quote Name of vendor and representative Description of item being quoted Quantity Price of item Date item needed

18 Procurement 101 Informal Procurement: Three Bids (Quotes) and a Buy If less than three (3) vendors exist to provide product or service, thoroughly document how this determination was made, such as research conducted to reach this conclusion, etc. The lowest responsible bidder is awarded the contract (2 CFR (h)). Retain all documentation for three (3) years plus the current school year. New Jersey Department of Agriculture 18

19 Procurement by competitive sealed bidding by issuing an IFB Use when Procurement 101 Formal Procurement: Invitation for Bid (IFB) A complete, adequate and realistic specification is available The contract can be awarded solely on the basis of price New Jersey Department of Agriculture 19

20 Procurement by competitive proposal by issuing an RFP Use when Procurement 101 Formal Procurement: Request for Proposal (RFP) Conditions are not appropriate for a sealed bid Price won t be the sole basis for the award Typically used to procure a qualitative service New Jersey Department of Agriculture 20

21 Statement of work includes sufficient detail - General description of goods and services (specifications) There is a balance of providing enough information to obtain the quality of product/service that is desired, but not overly prescriptive that limits free and open competition Timeline and procedures Technical requirements Procurement 101 Sections of a Solicitation (RFP) Evaluation method, evaluation criteria and their importance must be identified (e.g., point scale, scoring matrix.etc.) New Jersey Department of Agriculture 21

22 Sections of a Solicitation (RFP) continued Cost is a major consideration of the award (primary factor), but not the sole factor Experience, past performance, approach, financial and technical resources, etc. are considered in the award through scoring Results in a fixed price or cost-reimbursable contract New Jersey Department of Agriculture 22

23 New Jersey Department of Agriculture 23 Procurement 101 Sections of a Solicitation (RFP) 7 CFR and CFR Contractual Responsibilities Written Code of Conduct for Procurement Buy American Provision Geographic Preference Documented Procurement Procedures Written Code of Conduct for Procuremenmt Full and Open Competition

24 New Jersey Department of Agriculture 24 Documented Procurement Procedures 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

25 New Jersey Department of Agriculture 25 Written Code of Conduct for Procurement 2 CFR Part Governs performance of employees engaged in procurement for entities receiving federal funds

26 New Jersey Department of Agriculture 26 Written Code of Conduct for Procurement Prohibits employees from soliciting and/or accepting gifts, travel packages and other incentives from prospective contractors

27 New Jersey Department of Agriculture 27 Written Code of Conduct for Procurement 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

28 New Jersey Department of Agriculture 28 Written Code of Conduct for Procurement 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

29 New Jersey Department of Agriculture 29 Written Code of Conduct for Procurement Must provide for disciplinary action to be applied in the event the standards are violated Penalties need to be identified

30 New Jersey Department of Agriculture 30 Buy American SFAs must purchase, to the maximum extent practicable, domestic commodities or products {7 CFR Part (d)} 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

31 New Jersey Department of Agriculture 31 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

32 New Jersey Department of Agriculture 32 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

33 New Jersey Department of Agriculture 33 SFAs may apply a geographic preference when procuring unprocessed locally grown or locally raised agricultural products Geographic Preference Unprocessed means agricultural products retain their inherent characteristics SFA has discretion to determine local area to which this option will be applied

34 New Jersey Department of Agriculture 34 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

35 Lessons Learned from SY Procurement Reviews SFAs did not have a written Code of Conduct for Procurement that complied with the federal standards SFA Procurement documents did not include a reference to the use of small, minority and women s business enterprises and labor surplus firms whenever possible SFAs were not competitively procuring goods/services when required Unallowable costs were being charged to the Enterprise Fund (60) Food Service account SFAs did not have a FSMC Advisory Board composed of parents/teachers/students to assist in menu planning New Jersey Department of Agriculture 35

36 Lessons Learned from SY Procurement Reviews - con t SFAs were not monitoring all aspects of the FSMC operations and/or using an incorrect form to monitor only the on-site school s/site s meal counting or claiming procedures X (SA Form # 142 NSLP On-Site Accountability Review Form) Public and Charter SFAs were confused about the federal requirement to obtain competitive quotes above $3,500 More restrictive than NJ Public School Contract Law SFAs were not verifying that the proper value of USDA foods were returned to their non-profit food service account. New Jersey Department of Agriculture 36

37 New Jersey Department of Agriculture 37 Lessons Learned from SY Procurement Reviews con t SFAs with FSMC contracts, were not ensuring that the value of discounts, rebates and credits received by the FSMC were being reported and credited to the SFA nonprofit food service account Enterprise Fund (60)

38 PROCUREMENT 101 RESOURCES Institute of Child Nutrition (ICN) Procurement in the 21 st Century Online Courses USDA State Agency Guidance to Procurement (Topics 1, 2, and 3) First Choice : A Purchasing Systems Manual for School Food Service USDA Procuring Local Foods for Child Nutrition Programs Food Buying Guide for School Meals Programs New Jersey Department of Agriculture 38

39 The Procurement Review New Jersey Department of Agriculture 39

40 New Jersey Department of Agriculture 40 Purpose of Procurement Review Ensure program integrity Ensure SFA s compliance with federal government wide & USDA program specific regulations Ensure SFAs are good stewards of federal dollars received

41 Procurement Review Notification Procurement Reviews are on the same cycle as the Administrative Review. Reviews are for the previous school year. Reviews taking place in the SY will cover procurements during the SY. New Jersey Department of Agriculture 41

42 Procurement Review Notification Selected SFA s will be notified in the fall. The School Business Administrator will receive an notification of a review. Reviews may be done on-site or off-site. Initial Documentation will be submitted by e- mail. Exit Conferences will generally be done onsite. New Jersey Department of Agriculture 42

43 Procurement Review Documentation Initial documentation requested will be: 1. Vendor paid list (a detailed report of all expenditures by vendor for the non-profit food service account -fund 60) Excel Format preferred. 2. SFA Procurement Table (will be sent from State Agency) New Jersey Department of Agriculture 43

44 Initial Documentation Cont. 3. SFAs Code of Conduct for Procurement - 2 CFR (c) and 7 CFR (c) Form #327 - Sample Code of Conduct for procurement. The written code of conduct must define a conflict of interest and include disciplinary action for violations. 4. Procurement procedures/sfa Procurement Plan - 2 CFR (a) and 7 CFR (c) Form #326 Sample Procurement Procedures New Jersey Department of Agriculture 44

45 Procurement Tool USDA s Procurement Tool will be utilized to conduct the procurement review Tool is still in Draft format. The tool will have changes in the upcoming year. New Jersey Department of Agriculture 45

46 SFA Procurement Table This worksheet from the Procurement Tool includes questions to be answered and a table for SFAs to input the following: Dollar value of the SFA small purchase threshold Memberships at retail and/or wholesale club warehouses Use of group purchasing/buying organizations and/or cooperatives New Jersey Department of Agriculture 46

47 New Jersey Department of Agriculture 47 SFA Procurement Table Information regarding all purchases in Food Service Fund 60 such as: Vendors Total paid/vendor (Use drop-down box provided for amount ranges.) Goods/services purchased, and Competitive procurement method to procure the product (s) or service (s) Once the information in the table is complete, the SFA will save the Excel file and return the file to the State agency via .

48 SFA Procurement Table We will now go over the sections of the SFA Procurement Table that must be filled out by the SFA. Pay close attention to the columns with red arrows as these are drop down boxes select from one of the answers in the drop down box. After reviewing the sections, we will see how the information is then populated into the tool. New Jersey Department of Agriculture 48

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53 The Next Step.. Next you will see how the State agency selects vendors to be reviewed. After the SFA Procurement Table information has been added to the full Procurement Tool, the SFA information is populated into the Procurement Selection Chart The vendors to be reviewed are prescribed and defined in the Procurement Selection Chart. New Jersey Department of Agriculture 53

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55 New Jersey Department of Agriculture 55 Second Request for Information SFA s will receive a second request for documentation once vendors have been selected. We will provide you with a PROCUREMENT REVIEW CHECKLIST. This document will indicate what vendors were selected and what documentation is required. When returning documentation the SFA will indicate if item is attached, not applicable or not available. Please return the signed check list with documentation.

56 Documentation for Micro Purchases: Purchase Orders / Payment Vouchers Vendor Invoices Specifications ( if required by local purchasing policy ) Any other important information related to the purchase. New Jersey Department of Agriculture 56

57 Documentation for Small Purchases: Specifications List of Vendors requesting Specs Quotations received Scoring sheets and or evaluation of quotes Purchase Orders, Vendor Invoices and Payment Vouchers If multiple purchases you will be asked for 3 months documentation. New Jersey Department of Agriculture 57

58 Documentation for Formal Procurement (RFP/IFB): Specifications Advertisement of Bid Record of bid opening Scoring Sheets/evaluation of bid Documentation for rejecting the lowest bid (if applicable) Purchase Orders, Vendor Invoices and Payment Vouchers If multiple purchases you will be asked for 3 months documentation. New Jersey Department of Agriculture 58

59 Documentation for FSMC Contracts: All Information as requested in Formal Procurement and Names of FSMC Advisory Board members and minutes of one advisory board meeting. (The FSMC Advisory Board is required in all FSMC contracts) Copies of SFA on-site monitoring reports of the FSMC (State Agency Form # 330) Operating Statements for each of the 3 months requested and the final end of the year operating statement for the FSMC. New Jersey Department of Agriculture 59

60 FSMC Contracts continued SFA review of FSMC Health Inspection Reports as required by the contract with the FSMC Detailed record of Discounts, Rebates and Credits from commercial food and supply purchases. Monthly and annual reconciliation of FSMC credited value of all USDA foods received. This should include all processed and brown box commodities. New Jersey Department of Agriculture 60

61 Commodity Processing Solicitation Documents Specifications Evaluation Criteria All relevant documents for both Formal (RFP/IFB)and Informal Purchases (Micro and Small Purchases) for selected Commodity Vendors. New Jersey Department of Agriculture 61

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64 New Jersey Department of Agriculture 64 Procurement Review Exit Conference After completing review of all required documentation (on-site or off-site), NJDA will conduct an exit conference with the Food Service Director and Business Administrator A CAP of any findings will be required.

65 New Jersey Department of Agriculture 65 Review of State Agency Forms The following forms can be found in SNEARS under - Resources Procurement Documents #325 Code of Conduct for Procurement and Procurement Checklist #326 Sample Procurement Procedures #327 Sample Code of Conduct for Procurement #330 SFA FSMC Monitoring Form #331 Informal Procurement Log and SAMPLE #358 Federal Funds Procurement Method Selection Chart

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74 New Jersey Department of Agriculture 74 Procurement Review Webinar This webinar can count toward 2 hours of professional standards training: Key Area Operations Learning Topic Purchasing/Procurement Topic Code 2400 New Jersey Department of Agriculture School Nutrition Programs (609) USDA is an equal opportunity provider and employer

75 New Jersey Department of Agriculture 75 THANK YOU FOR PARTICIPATING Disclaimer: This presentation was provided as technical assistance to provide a general framework of the process of a procurement review. SFA s are advised to review all reference materials and applicable federal, state and local purchasing laws to ensure compliance.

76 Questions??? New Jersey Department of Agriculture 76

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