Illinois State Board of Education Nutrition and Wellness Programs Division Procurement: NSLP Equipment Assistance Grant
2 Applicable Procurement regulations: When purchasing equipment, you must follow all applicable local, state, and federal procurement requirements. All procurement transactions must be conducted in a manner that provides maximum open and free competition. Procurement procedures must ensure they do not: foster noncompetitive practices between firms, create organizational conflicts of interest, and restrict or eliminate competition.
Formal vs. Informal Bid Process If a district will be purchasing: 3 >$25,000 in aggregate equipment purchases on an annual basis, will need to formally bid. <$25,000 in aggregate equipment purchases on an annual basis, can do informal bidding/price quotes. Remember this is by district, not by individual school. Therefore, if your district received grants at multiple schools, the amount of produce to be purchased by ALL of the school buildings must be added together.
Info that needs to be included in Formal & Informal Bidding Procedures: Line item or whole Line item ~ means that the bid must be awarded to the responsible and responsive bidder whose bid, conforming to all the material terms, specifications, and conditions of the invitation for bid, is lowest in price by individual item. Using a line item bid, you may have multiple vendors. Whole ~ means that the bid must be awarded to the responsible and responsive bidder whose bid, conforming to all the material terms, specifications, and conditions of the invitation for bid, is lowest in price for all items combined (all items bid as a whole). Be sure to include delivery and installation fees. 4
5 Formal Bid Procedures Competitive Sealed Bid Procedures ~ districts purchasing >$25,000 in equipment on an annual basis: The invitation for bid, including the specifications and attachments, must define the items or services needed in order for the bidders to properly respond. Bids must be solicited from an adequate number of known suppliers. Bid documents must be distributed (mailed, faxed, or delivered) to a minimum of three prospective bidders. The procurement must be publicly advertised in at least one public notice with sufficient time before the bid open date in a newspaper of general circulation. Sealed bids are accepted. Bids are opened at a public bid opening and the bid contents are announced. The contract must be awarded to the responsible and responsive bidder whose bid, conforming to all the material terms, specifications, and conditions of the invitation for bid, is lowest in price. Documentation of the entire process is maintained.
Informal Bid Procedures If the purchases of the district/sponsor do not exceed $25,000, informal bid procedures may be used. The following steps should be part of the informal bid process: 6 1) Develop a written purchase description of the services/items being solicited; 2) Solicit quotes/bids from three or more potential vendors based on the purchase description; document vendor names along with the date and method of contact be sure to maintain free and open competition; 3) Record all quotes/bids received and any notification received from vendors declining to bid; 4) Evaluate the quotes for conformance to the purchase description; 5) Award the purchase/contract (record the justification for the award); and 6) Maintain all documents on file for potential audit purposes.
Formal & Informal Bids must include: Bid Protest Steps Sample Bid Protest Procedures #1 An unsuccessful bidder may protest the bid award by submitting in writing said protest within five business days of the bid award. The protest must state the nature and grounds of the protest. The Board of Education will review the protest and communicate the findings of the Board to the protesting bidder and to the Illinois State Board of Education Nutrition and Wellness Programs Division within 30 business days. All administrative remedies with District must be exhausted before the FSMC may pursue a protest at the state or federal level. 7
Formal & Informal Bids must include: Bid Protest Steps Sample Bid Protest Procedures #2 The SFA must adhere to applicable bidding practices established by State law and good administrative practice. A bidder claiming wrongful treatment must formally notify the Director of Fiscal Services within 30 calendar days from the date of the bid award questioned. The Director of Fiscal Services will provide a formal response to the bidder within 15 calendar days. A bidder not satisfied with that response may appeal the decision to the Superintendent or Designee, provided such appeal is received within 15 calendar days after the response from the Director of Fiscal Services. If the appeal is not filed within that period, no other SFA redress will be required. All protests will be disclosed to the Illinois State Board of Education Nutrition and Wellness Programs Division. 8
Formal & Informal Bids must include: Bid Protest Steps Sample Bid Protest Procedures #3 Protest to the final contract award due to a procedural question must be received by the District no later than seven days after the contract award has been announced. Such protest shall be in writing and addressed to and sent to the administrative offices located at. The envelope shall be clearly labeled with the phrase PROTEST. The Board of Education will convene within ten days after receipt of the protest to review the question. All parties having made a bid that was reviewed and found eligible for consideration will have opportunity to be present at the hearing. The Board will then deliberate and make known its decision in writing to all concerned. 9