Formal Procurement Checklist CDE School Nutrition Unit

Transcription

1 Frmal Prcurement Checklist CDE Schl Nutritin Unit Did the SFA Frecast prduct needs Cycle menus, velcity reprts, and prductin recrds are cmmn tls used t frecast prduct needs Cnduct a cst r price analysis Estimate the ttal dllar value f the cntract, which includes prduct r service purchases fr the duratin f the cntract SFA may use frecasted prduct needs and current r past prduct pricing t cmplete the cst analysis Write prduct specificatins Prduct specificatins shuld include the prduct name, descriptin, case pack and weight, minimum and maximum sizes and pieces, main ingredients, prhibited ingredients, nutritinal standards r CN requirements, quality indicatrs, run and cde numbers, etc. Nte: specificatins may include a brand name, but must include r equal. A bidder shuld have the pprtunity t prpse an equal prduct An SFA may pre-screen prducts and prvide bidders with a list f preapprved equal prducts. The SFA must ensure maximum free and pen cmpetitin during the prcurement prcess, and pre-screening prcedures shuld be included in the SFAs written prcurement prcedures. Create a slicitatin dcument There are tw types f frmal slicitatins: Invitatin fr Bid (IFB) and Request fr Prpsals (RFP) Invitatin fr Bid (sealed bid) Bids are publicly slicited and a firm fixed price cntract (lump sum r unit price) is awarded t the respnsible bidder whse bid: cnfrms with all the material terms and cnditins f the invitatin fr bids, and Is the lwest price Request fr Prpsals (cmpetitive prpsal) The cntract is awarded t the respnsible and respnsive vendr whse prpsal scred the highest number f pints, and is mst advantageus t the prgram with price and ther factrs cnsidered A well-written slicitatin gives a bidder clear infrmatin n what the SFA is planning t purchase and hw. A slicitatin shuld include: Backgrund infrmatin n the district Size, number f meals served, etc. General descriptins f the gds and/r services t be purchased Slicitatin shuld indicate if distributin services are requested Include distributin fr prcessed USDA fds, if applicable Infrmatin abut pre-prpsal meeting t be held (if applicable) Date and time fr slicitatin submissin Time and lcatin f public pening if IFB This institutin is an equal pprtunity prvider.

2 Frmal Prcurement Checklist 2 Time perid f the cntract and ptins fr renewals Generally 1 year with 4 ptinal renewals Type f cntract t be awarded An IFB must result in a fixed fee r firm fixed price cntract. An RFP may result in a fixed fee r cst reimbursable cntract. Cst plus percentage is nt allwable. Fixed fee may be tied t a price index r price escalatr/de-escalatr clause Cst reimbursable cntracts must nt include unallwable csts. The vendr must return all rebates, discunts, and credits t the SFA. A cst plus fixed fee cntract may als be used. Prtest prcedures Prpsal withdrawal prcedures List f all prducts t be purchased and specificatins Optins fr piggybacking, adding gds r services, r increasing cntract vlume ver time Changes t the cntract may nt result in a material change- n mre than a 10% change in cntract value is recmmended Criteria fr award IFB- award will be made t the lwest bidder RFP- include all criteria that will be used t evaluate prpsals Cst must be the highest weighted factr but des nt have t be 51% A scring rubric is required that identifies all evaluatin factrs and their relative imprtance If using gegraphic preference, indicate hw preference will be given Methd fr evaluating cst Hw will cst be evaluated fr the prducts r services requested? Cmmn ways t evaluate cst are: By line item: each line is awarded separately based n individual prduct cst By prduct grupings: the ttal cst f grups f prducts are evaluated and awarded as a grup. Example: frzen, prduce, canned gds. Bttm line (all-r-nthing): the ttal cst f the gds r services is evaluated; all prducts/services are awarded tgether. Market basket cst analysis: representative sample f prducts, called a market basket is used t estimate the ttal cst. The sample shuld cnsist f prducts that represent at least 75% f the ttal value f the cntract (high-velcity items). The SFA must btain a price fr all prducts nt included in the market basket prir t the award f the cntract. Technical requirements f the vendr Respnsibilities f the vendr: delivery days, delivery windws, HACCP plan, staff requirements, etc. Prcedures fr recalls r substitutins Buy American Prvisin Requirements Cmmn legalities Required frms and certificatins: suspensin and debarment, lbbying activities, anti-cllusin, etc. Cntract prvisins required by 2 CFR 200 appendix II (as applicable): Terminatin fr cause and cnvenience- cntracts in excess f $10,000 Equal Opprtunity Emplyment- federally assisted cnstructin cntracts Davis-Bacn Act- cnstructin cntracts in excess f $2,000 This institutin is an equal pprtunity prvider.

3 Frmal Prcurement Checklist 3 Cntract Wrk Hurs and Safety Standards- cntracts in excess f $100,000 that invlve the emplyment f mechanics r labrers Right t inventins made under a cntract r agreement- if the cntract meets the definitin f a funding agreement under 37 CFR (a) Clean Air Act- cntracts in excess f $150,000 Debarment and Suspensin- all federally awarded cntracts Byrd Anti-Lbbying Amendment- cntracts in excess f $100,000 Required prvisins fr cst reimbursable cntracts: Allwable csts will be paid frm the nnprfit schl fd service accunt t the cntractr net f all discunts, rebates and ther applicable credits accruing t r received by the cntractr r any assignee under the cntract t the extent thse credits are allcable t the allwable prtin f the csts billed t the schl fd authrity. The cntractr must separately identify fr each cst submitted fr payment t the schl fd authrity the amunt f that cst that is allwable (can be paid frm the nnprfit schl fd service accunt) and the amunt that is unallwable (cannt be paid frm the nnprfit schl fd service accunt); r that the cntractr must exclude all unallwable csts frm its billing dcuments and certify that nly allwable csts are submitted fr payment and recrds have been established that maintain the visibility f unallwable csts, including directly assciated csts in a manner suitable fr cntract cst determinatin and verificatin. The cntractr must identify the amunt f each discunt, rebate and ther applicable credit n bills and invices presented t the schl fd authrity fr payment and individually identify the amunt as a discunt, rebate, r in the case f ther applicable credits, the nature f the credit. The cntractr must identify the methd by which it will reprt discunts, rebates and ther applicable credits allcable t the cntract that are nt reprted prir t cnclusin f the cntract. The cntractr must maintain dcumentatin f csts and discunts, rebates and ther applicable credits, and must furnish such dcumentatin upn request t the schl fd authrity, the State agency, r the Department. Publicize the slicitatin Frmal slicitatins must be publically advertised and seek/invite tw r mre qualified surces willing and able t cmpete. Allw sufficient time fr vendrs t respnd Respnse time may vary depending n the cmplexity f the slicitatin. A minimum f tw weeks fr IFBs and days fr RFPs is recmmended. Accept bids r prpsals frm respnsive and respnsible vendrs An SFA must determine if the vendr is respnsive and respnsible befre accepting their bid r prpsal Respnsive: Did the vendr respnd t the IFB r RFP n time and include all required attachments, certificatins, etc.? Respnsible: Des the vendr meet the criteria utlined in the slicitatin? D they have a gd track recrd with prviding prducts and services t similar institutins? This institutin is an equal pprtunity prvider.

4 Evaluate the bids r prpsals Frmal Prcurement Checklist 4 IFB: Bids are publically pened at the lcatin, date, and time prescribed in the IFB Any r all bids may be rejected if there is a sund, dcumented reasn Cst is evaluated as utlined in the IFB, which includes all csts such as transprtatin and delivery csts RFP: Prpsals cannt be pened until after the clsing date and time specified in the RFP An evaluatin cmmittee shuld scre the prpsals nly n the criteria utlined in the RFP An SFA may cnduct negtiatins f the tp-ranked prpsals t ensure that each vendr fully meets the needs f the RFP. This must be dne befre cst prpsals are pened. The SFA may als allw vendrs t amend their cst prpsal t reflect any changes made during the prpsal negtiatin. All negtiatins must be dne fairly and may nt give a cmpetitive advantage t ne vendr. Award the cntract Frmal prcurement shuld always result in a (singed) written cntract between the tw parties. The cntract shuld include: Identificatin f the parties invlved in the cntract Cntract duratin Scpe f wrk A cmplete list f prducts, including specificatins (and price) Type f cntract (fixed price r cst reimbursable) Fees must be identified and agreed upn Cntract renewal ptins, including prvisins fr changes such as the additin f gds r services Cntract mdificatin and change prcedures Default and breach f cntract prvisins, remedies, cancellatin prcedures, and penalties Required cmpliance certificatins Cntract terminatin rights fr cause and cnvenience Recrdkeeping requirements Laws that gvern the cntract Cst reimbursable cntracts: requirements that all csts be net f discunts, rebates, and ther applicable credits Sanitatin and licensing requirements Prfessinal certificatin requirements Manage the cntract SFAs are respnsible fr ensuring that vendrs are cmpliant with all terms f the cntract. Cntract management is nging fr the duratin f the cntract. Maintain recrds The SFA must maintain recrds sufficient t detail the histry f prcurement. All recrds must be kept fr a perid f 3 years after the submissin f the final claim fr reimbursement fr the fiscal year r lnger if an audit has nt been reslved. This institutin is an equal pprtunity prvider.

5 Renew the cntract as applicable Frmal Prcurement Checklist 5 If the cntract allwed fr renewal ptins, bth parties may agree t renew the cntract fr additinal terms as applicable. Add prducts t the cntract New prducts may be added t the cntract as lng as the cst f the new prducts des nt create a material change (n mre than 10% f the cntract value is recmmended). Substitutins fr unavailable prducts are nt cnsidered new prducts. The SFA shuld evaluate the estimated cst f new prduct(s) fr the duratin f the cntract perid and determine if the cst wuld be cnsidered a material change against the ttal estimated cntract value. N mre than a 10% change is recmmended. If the cst t add new prducts wuld nt cnstitute a material change, the SFA may add new prducts t the cntract. During the cntract renewal, the SFA must amend the cntract t include additinal items. A new cntract value is determined annually (r at the end f the cntract term), and the new cntract value may be used t estimate material changes mving frward If the cst t add new prducts wuld cnstitute a material change, the SFA may prcure new prducts using anther apprved prcurement methd (micr-purchase, small purchase, frmal purchase) This institutin is an equal pprtunity prvider.