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DJ-AR 2 - Procurement Plan

Procurement Plan Template for Child Nutrition Program Sponsors

 

This document is a sample and is not intended to be all inclusive.  The Child Nutrition Program Sponsor is ultimately responsible to ensure that the plan complies with all Federal Regulations, State General Statutes, and Sponsor’s procurement policies.

                  

Douglas County School District #4, aka Roseburg Public Schools

 

PROCUREMENT PLAN CHILD NUTRITION PROGRAM

This procurement plan contained on the following pages 1 through 9 will be implemented on May 14, 2015, from that date forward until amended.  All procurements must adhere to free and open competition.  Sponsors must retain all documentation for each procurement per regulations.

               Dennis J. Austin                                

Printed Authorized Name*

                                                                                                                                                                                  

Authorized Signature*                                                           Date

*As referenced in CNP Web:
Executive Contact for National School Lunch
Authorized Representative for Child and Adult Care Food Program
Authorized Representative for Summer Foods Service Programs

 

 

Douglas County School District #4, aka Roseburg Public Schools

 

 

PROCUREMENT PLAN

The Douglas County School District #4, aka Roseburg Public Schools will purchase goods, products, and/or services for use in the Child Nutrition Programs (CNP) in compliance with 2 CFR, Chapter I & II, 7 CFR Part 3016.36, 3019.44, and State Law, using the procedures outlined as follows.

The primary purpose of this procurement plan is to assure that open and free competition exists to the maximum extent possible.  The procurement process practiced by the CNP Sponsor must not restrict or eliminate competition.  For example description of goods, products, and/or services to be procured should not contain features that unduly restrict competition.  Competition helps assure that goods, products, and/or services will be obtained that best meets your needs.

A new procurement plan does not need to be developed every year.  However, an annual review of the approved plan is suggested to assure its relevance to current procedures.

It will be the responsibility of the Purchasing Supervisor to document the amounts to be purchased so the correct method of procurement will be followed.

A Child Nutrition Program Sponsor may set a lower simplified acquisition threshold than the federal simplified acquisition threshold. The most restrictive (lowest) threshold must be used.

Does Douglas County School District #4, aka Roseburg Public Schools have a lower simplified acquisition threshold?

Mark the appropriate answer.     Yes            List the dollar amount $                                            

                                                             No

  1. Informal purchase procedures.  This method applies to purchases of goods, products, and/or services when the aggregate dollar amount is less than $150,000.  Quotes from more than one (1) qualified vendor/contractor will be required.
  • In developing your written specifications the same information needs to be provided to all vendors/contractors, you may use prices found online, in catalogs, sale flyers, newspapers, prices obtained from grocery stores, farmer’s markets, and etc.

  • Each vendor/contractor will be contacted and given an opportunity to provide a price quote on the same specifications.

  • The Purchasing Supervisor will be responsible for contacting potential vendors/contractors when price quotes are needed.

  • The price quotes are to remain confidential information until the actual purchase has been made. 

  • Quotes will be awarded by the Purchasing Supervisor.  Quotes awarded will be to the lowest and best quote based upon price, quality, service availability, and/or experience.

  • The Purchasing Supervisor will be responsible for documentation of records to show selection of vendor/contractor, reasons for selection, names of all vendors/contractors contacted, price quotes from each vendor/contractor, and written specifications.

  • The Purchasing Supervisor will be responsible for documentation that the actual product specified is received.

  • Any time an accepted item is not available, the Purchasing Supervisor will select the acceptable alternate.  The Purchasing Supervisor will document the reason for accepting an alternate and keep the documentation on file.

  • Bids will be awarded on the following criteria:  (Examples:  quality, delivery, service, etc.)

  1. Price
  2. Quality
  3. Service
  • The Purchasing Supervisor is required to sign documentation, confirming a review and the approval of the purchase of the goods, products, and/or services.
  • The Purchasing Supervisor is the Sponsors authorized purchaser.

Micro purchase procedures. This method applies to the purchase of supplies or services when the aggregate dollar amount does not exceed $3,000. These purchases may be awarded without soliciting competitive quotes if the entity considers the price reasonable.

  • The Purchasing Supervisor will be responsible for contacting potential vendor/contractor.
  • The Purchasing Supervisor will be responsible for documentation of records of the purchase, name of vendor/contractor, price, and the written specifications.
  • The Purchasing Supervisor will be responsible for documentation that the actual product was received.
  • The Purchasing Supervisor  is required to sign documentation, confirming a review and the approval of the purchase of the goods, products, and/or services.
  1. Formal purchase procedures.  This method applies to purchases of supplies or services when the aggregate cost amount is more than $150,000.  The formal procurement method requires the use of an Invitation for Bid (IFB) or a Request for Proposal (RFP).
  • The Purchasing Supervisor is the Sponsors authorized purchaser.
  • An announcement of an Invitation for Bid (IFB) or a Request for Proposal (RFP) will be placed in the Oregon Procurement Information Network (ORPIN) to publicize the intent of the Child Nutrition Program Sponsor to purchase needed items. The advertisement for bids/proposals or legal notice will be run for a minimum of thirty (30) days.
  • An advertisement is required for all purchases over the districts simplified acquisition threshold of Fifty Thousand Dollars ($50,000.00).  The announcement (advertisement or legal notice) will contain a general description of items to be purchased, the deadline for submission of sealed IFB’s and RFP’s and the address where complete specifications and other procurement documents may be obtained.
  • In an IFB or RFP, each vendor/contractor 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, shall be addressed in the procurement document:
  1.  Contract period
  2. CNP Sponsor is responsible for all contracts awarded (statement)
  3. Date, time, and location of bid opening
  4. How vendor/contractor will be informed of bid acceptance or rejection
  5. Delivery schedule
  6. Requirements which bidder must fulfill in order for bid to be evaluated
  7. Benefits to which the Child Nutrition Program Sponsor will be entitled if the contractor can not or will not perform as required
  8. Statement assuring positive efforts will be made to involve minority and small business
  9. Statement regarding the return of purchase incentives to the Child Nutrition Program Sponsor non-profit Child Nutrition account
  10. Termination provisions and the basis for any settlement for all procurement over $10,000.00
  11. Provision requiring compliance with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations required for all contracts over $l0,000.00
  12. Contract and/or purchase orders may be issued for firm fixed prices after formal bidding process.
  13. Escalation/De-escalation clause based on appropriate standard or cost index
  14. Specific bid protest procedures
  15. Provision requiring access by duly authorized representatives of the Child Nutrition Program Sponsor, 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
  16. Method of shipment or delivery upon Contract award
  17. Provision requiring contractor to maintain all required records for three (3) years after final payment and all other pending matters are closed for all negotiated contracts
  18. Provision describing the process for vendors/contractors will use to receive or pick up orders upon Contract award
  19. Provision requiring the contractor to recognize mandatory standards and polices related to energy efficiency which are contained in the State Energy Plan issued in compliance with the Energy Policy and Conservation Act (PL 94-165)
  20. All contracts over $100, 000.00 will require compliance with the Clean Air Act issued under Section 306, Executive Order 11738
  21. Signed Certificate of Lobbying for all contracts over $100,000
  22. Signed statement of non-collusion
  23. Signed Debarment/Suspension Certificate or statement included in contract or copy of Excluded Parties List System (EPLS)
  24. Provision requiring “Buy American” as outlined in Policy Memorandum 210.21-14; specific instructions for prior approval of any and all of non-domestic product.
  • Specifications will be prepared and provided to potential vendors/contractors desiring to submit IFB or RFP for the products or services requested.  Vendors/contractors will be selected using the Sponsor’s procedures such as:
  1. Does the vendor’s product meet the required specifications?
  2. Does the vendor’s delivery schedule meet the Sponsor’s needs?
  3. Other criteria that each Sponsor determines is of value to them.
  • If any potential vendor/contractor is in doubt as to the true meaning of specifications or purchase conditions, an interpretation will be provided by Purchasing Supervisor.
  • The Purchasing Supervisor will be responsible for securing all IFB or RFP.
  • The Purchasing Supervisor will be responsible to ensure all CNP Sponsor procurements are conducted in compliance with applicable Federal regulations, State General Statutes or policies of the Sponsor. 
  • The following criteria will be used in awarding contracts as a result of bids. (Examples:  quality, delivery, service, etc.)
  1. Price
  2. Quality
  3. Service
  • In awarding a competitive negotiation (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 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 best meets the needs of the CNP Sponsor, price, and other factors considered.  Any and all bids or proposals may be rejected in accordance with law.
  • The Purchasing Supervisor 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.
  • The Purchasing Supervisor will review the procurement system to check ensure compliance with applicable laws. 
  • The Purchasing Supervisor will be responsible for documentation that the actual product specified is received.
  • Any time an accepted item is not available, the Purchasing Supervisor will select the acceptable alternate.   The contractor must inform Purchasing Supervisor within forty-eight (48) hours receipt of a purchase order when a product is not available.  In the event a non-domestic agricultural product is to be provided to the CNP SPONSOR, the contractor must obtain, in advance, the written approval of the product.  The Purchasing Supervisor 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 Purchasing Supervisor.
  • The Purchasing Supervisor will be responsible for maintaining all documentation of the procurement process.
  1. If items are available only from a single source (aka Sole Source) when the award of a contract is not feasible under simplified acquisition purchase, IFB or RFP NON-COMPETITIVE NEGOTIATION procedures will be used:
  • Written Specifications will be prepared and provided to the vendor/contractor.
  • The Purchasing Supervisor will be responsible for the documentation of records to fully explain the decision to use the non‑competitive negotiation. The records will be available for audit and review.
  • The Purchasing Supervisor will be responsible for documentation that the actual product or service specified was received.
  • The Purchasing Supervisor will be responsible for reviewing the procedures to be certain all requirements for using single source or non‑competitive negotiation are met.
  • Non-competitive negotiations 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 Purchasing Supervisor.  The record of non-competitive purchases shall include, at a minimum, the following:
a. Item name
b. Dollar amount
c. Vendor/contractor, and

d. Reason for non-competitive procurement

D.   If it is necessary to make an emergency procurement to continue service, the purchase shall be made, and a log of all such purchases shall be maintained by the Purchasing Supervisor.  The following emergency procedures shall be followed.  All emergency procurements shall be approved by the Purchasing Supervisor.  At a minimum, the following emergency procurement procedures shall be documented:

a. Item name
b. Dollar amount
c. Vendor/contractor, and

d. Reason for emergency

  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 CNP Sponsor, whichever is sooner. The CNP Sponsor, its authorized agents, State Agency, and/or USDA auditors shall have full access to and the right to examine any of said materials during said period.

  1. The CNP Sponsor shall agree to retain all books, records and other documents relative to the award of the contract agreement for three (3) years after final payment.  Specifically they shall maintain, at a minimum, the following documents:

  • Written rationale for the method of procurement;
  • A copy of the RFP or IFB;
  • 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 Child Nutrition Program Sponsor must maintain a written code of standards of conduct (7 CFR 3016.36 and 3019.42) that includes procedures that governs the performance of its officers, employees, or agents who are engaged in the award and administration of contracts supported by Child Nutrition Program Funds. 

The following conduct will be expected of all persons who are engaged in the awarding and administration of contracts supported by Child Nutrition Program Funds.

  • No employee, officer or agent of the Douglas County School District #4, aka Roseburg Public Schools 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:
a. The employee, officer or agent;
b. Any member of the immediate family;
c. His or her partner;
d. An organization which employs or is about to employ one of the above;

e. A less-than-arms-length transaction. This is one party’s ability to control or influence the other party to the transaction. A less-than-arms-length transaction occurs:

i. When a transaction is conducted between related parties, meaning that the integrity of the transaction could be compromised;

ii. When one party to the transaction is able to control or influence the actions of the other party.

Examples could include:
1. Hiring the CEO’s brother as a janitor.
2. Purchasing goods or services from a business owned by an officer, employee, or relative of the Sponsor’s entity.
3. Agreement for computer maintenance between a business and person who are related to the Sponsor’s employees or board members.
 
  • The Douglas County School District #4, aka Roseburg Public Schools employees, officers or agents must not  soliciting gifts, travel packages, and other incentives from prospective vendors/contractors
  • The Douglas County School District #4, aka Roseburg Public Schools must set standards when financial interest is not substantial or the gift is an unsolicited item of nominal value and may be acceptable.
  • Penalties for violation of the code of conduct of the Douglas County School District #4, aka Roseburg Public Schools will be the following actions: (list appropriate actions for your organization).
a.                
b.                
c.