CBK Child Nutrition Procurement Procedures

Procurement Plan

The Logan City School District Child Nutrition Program uses procurement procedures to maximize full and open competition, transparency in transactions, comparability, and documentation of all procurement activities.

If the amount of purchases is more than the Federal small purchase threshold currently valued at $50,000, or SFA approved threshold if less, formal procurement procedures will be used as required by 2 CFR 200.318-.326 and Utah State Procurement Code and Regulations 63G-6a. Informal procurement procedures (small purchase) will be required for purchases under the most restrictive small purchase threshold.

The following procedures will be used for all other purchases.

  1. Formal bid procedures will be applies on the basis of:
  2. Category Procurement Method Evaluation Used Contract Award Type Contract Duration/Frequency
    All perishable and non-perishable foods and Manual-All Purpose Cleaning Supplies, Paper and Plastic Supplies Formal Bottom Line Cost-reimbursable plus fixed fee Five years, Maintained by the UCARE Co-Op
    Small wares Formal/Micro Purchase Bottom Line Fixed Price Five Years, Maintained by the UCARE Co-Op
    Capital Equipment Formal Bottom Line Fixed Price As Needed
    Fresh Bread Formal Bottom Line Fixed Price with price adjustment Five years, maintained by State of Utah Purchasing
    Milk and Dairy Formal Bottom Line Fixed price with price adjustment Five years maintained by State of Utah Purchasing
    Office Supplies Micro Purchase N/A N/A N/A
    Processing USDA Foods Formal Bottom Line Fixed Price 1 year (must terminate on June 30 each year) plust 2, 1 year renewals. Maintained by the UCARE Co-Op
    Emergency Micro-purchase Price reasonable No contract, equitable distribution, transactions limited to $3,500 $5,000 each As needed
  3. Formal bid procedures will be applied on the basis of a:
    __X__ Centralized System
    ______ Individual School
    __X__ Multi-School System
    __X__ State Contract
  4. Because of the potential for purchasing more than $50,000, it will be the responsibility of the Purchasing Manager to document the amounts to be purchased so the correct method of procurement will be followed.
  1. When a formal procurement methond is required, the following COMPETITIVE SEALED BID in the form of an Inviation for Bid and COMPETITIVE PROPOSAL in the form of a Request for Proposal (RFP) procedures will apply:
    1. An announcement of Invitation for Bid (IFB) or a Request for Proposal (RFP) will be placed online to publicize the intent of the School Food Authority to purchase needed items. The advertisement for bids/proposals or legal notice will run for 10 days or more depending on the solicitation.
    2. An advertisement is required for all purchases over the District’s purchase threshold of $50,000. The announcement (advertisement or legal notice) will contain a:
      • General description of items to be purchased.
      • Deadline for submission of questions and the date written responses will be provided including addenda to bid specifications, as well terms and conditions as needed
      • Date of pre-bid meeting, if provided, and if attendance is a requirement for bid award
      • Deadline for submission of sealed bids or proposals
      • Address of location where complete specifications and bid forms may be obtained.
    3. In an IFB or RFP, each vendor will be given an opportunity to bid on the same specifications.
    4. The developer of written specifications or descriptions for procurements will be prohibited from submitting bids or proposals for such products or services.
    5. The IFB or RFP will clearly define the purchase conditions. The following list includes requirements, not exclusive, to be addressed in the procurement document:
      • Contract Period
      • SFA is responsible for all contracts awarded (statement)
      • Date, time, and location of IFB/RFP opening
      • How vendor is to be informed of bid acceptance or rejection
      • Delivery schedule
      • Requirements set forth (terms and conditions) which bidder must fulfill in order for bid to be evaluated
      • Benefits to which the School Food Authority will be entitled if the contractor can not or will not perform as required
      • Statement assuring positive efforts will be made to involve minority and small business
      • Contract provisions as required in Appendix II to 2 CFR 200
      • Procuring instrument to be used are purchase orders from firm fixed prices after formal bidding
      • Price adjustment clause (tied to a standard index) (Consumer price index, or other as stated in terms and conditions for pricing and price adjustments)
      • Method of evaluation and type of contract to be awarded – solicitations using an invitation for bid are awarded to the lowest responsive and responsible bidder; requests for proposal are awarded to the most advantageous bidder/offeror with price as the primary factor among factors considered
      • Method of award announcement and effective date (if intent to award is required by State or local procurement requirements)
      • Specific bid protest procedures including contact information of person and address and the date by which a written protest must be received
      • Provision requiring access by duly authorized representatives of the School Food Authority, 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
      • Method of shipment or delivery upon contract award
      • Provision requiring contractor to maintain all required records for three years after final payment and all other pending matters (audits) are closed for all negotiated contracts
      • Description of process for enabling vendors to receive or pick up orders upon contract award
      • Provision requiring the contractor to recognize mandatory standards/polices related to energy efficiency contained in the State Energy Plan issued in compliance with the Energy Policy and Conservation Act (PL 94-165)
      • Signed statement of non-collusion
      • Signed Debarment/Suspension Certificate or statement included in contract or copy of Excluded Parties List System (EPLS) of contracts exceeding $25,000.
      • Signed Anti-Lobbying form/Certificate.
      • Provision requiring “Buy American” as outlined in 7 CFR Part 210.21(d); specific instructions for prior approval of all of non-domestic product (s).
      • Specifications and estimated quantities of products and services prepared by SFA and provided to potential contractors desiring to submit bids/proposals for the products or services requested.
    6. If any potential vendor is in doubt as to the true meaning of specifications or purchase conditions, interpretation will be provided in writing to all potential bidders by the Purchasing Manager and date specified.
    7. The Purchasing Manager will be responsible for securing all bids or proposals.
    8. The Purchasing Manager will be responsible to ensure all SFA procurements are conducted in compliance with applicable Federal, State, and local procurement regulations.
    9. The following criteria will be used in awarding contracts as a result of bids/proposals.
      • Price
      • Qualifications, Expertise, and Strenght of References
      • Responsiveness
      • Blind Taste test (if requested)

    In awarding a 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 among all factors when awarding a contract. Following evaluation and negotiations a firm fixed price or cost reimbursable contract is awarded.

    1. The contracts will be awarded to the responsible bidder/proposer whose bid or proposal is responsive to the invitation and is most advantageous to the SFA, price as the primary and other factors considered. Any and all bids or proposals may be rejected in accordance with law.
    2. Business Administrator, Purchasing Manager or approved designee 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.
    3. Business Administrator, Purchasing Manager or approved designee reviewing the procurement system to ensure compliance with applicable laws.
    4. Business Administrator, Purchasing Manager or approved designee responsible for documentation the actual product specified is received.
    5. Any time an accepted item is not available, the Business Administrator, Purchasing Manager or approved designee will select the acceptable alternate. The contractor must inform the Business Administrator, Purchasing Manager or approved designee when a product is not available. In the event a non-domestic agricultural product is to be provided to the SFA, the contractor must obtain, in advance, the written approval of the product. The Purchasing Manager must comply with the Buy American Provision.
    6. 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 Manager or approved designee.
    7. The Purchasing manager or approved designee responsible for maintaining all procurement documentation.
  2. If the amount of purchases for items is less than the district’s small purchase threshold, the following, SMALL PURCHASE PROCEDURES, including quotes, will be used. Quotes from an adequate number of qualified sources will be required.
    1. Written Specifications will be prepared and provided to the vendor.
    2. Each vendor will be contacted and given an opportunity to provide a price quote on the same specifications. A minimum of two vendors shall be contacted.
    3. The Purchasing Manager or approved designee will be responsible for contacting potential vendors when price quotes are needed.
    4. The price quotes will receive appropriate confidentiality before award.
    5. Quotes will be awarded by the Purchasing Manager or approved designee. Quotes awarded will be to the lowest and best quote based upon quality, service availability, and price.
    6. The Purchasing Manager or approved designee will be responsible for documentation of records to show selection of vendor, reasons for selection, names of all vendors contacted, price quotes from each vendor, and written specifications.
    7. The Purchasing Manager or approved designee will be responsible for documentation that the actual product specified is received.
    8. Any time an accepted item is not available, the Purchasing Manager or approved designee will select the acceptable alternate. Full documentation will be made available as to the selection of the acceptable item.
    9. Bids will be awarded on the following criteria, which may include price:
      1. Qualifications, Expertise, and Strength of References
      2. Responsiveness
      3. Blind taste test (if requested)
    10. The Business Administrator, Purchasing Manager, or approved designee is required to sign all quote tabulations, signifying a review and approval of the selections.
  3. If items are available only from a single source when the award of a contract is not feasible under small purchase, sealed bid, or competitive negotiation, NON-COMPETITIVE PROPOSAL procedures will be used:
    1. Written specifications will be prepared and provided to the vendor.
    2. The Purchasing Manager or approved designee will be responsible for the documentation of records to fully explain the decision to use the non-competitive proposal. The records will be available for audit and review.
    3. The Purchasing Manager or approved designee will be responsible for documentation that the actual product or service specified was received.
    4. The Purchasing Manager or approved designee will be responsible for reviewing the procedures to be certain all requirements for using single source or non-competitive proposals are met.
  4. Non-competitive proposals 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 purchases shall be maintained by the Logan City School District. The record of non-competitive purchases shall include, at a minimum, the following:
    • item name
    • dollar amount
    • vendor
    • reason for non-competitive procurement

    A member of the local Board of Education or board’s designee will approve, in advance, all procurements that result from non-competitive negotiations.

  5. Emergency or "Pressing Need" Purchases
    1. If it is necessary to make a one-time emergency procurement to continue service or obtain goods, the purchase must be authorized using a purchase order, Purchasing Quote Worksheet, invoice and/or receipt signed by the Business Administrator, Purchasing Manager, or approved designee. At a minimum, the following emergency procurement procedures shall be documented:
      • Item name
      • Dollar amount
      • Vendor
      • Reason for emergency
    2. If it is necessary, in the course of a pressing need, to make an emergency purchase by means of “piggybacking” on the bid of another district, the following conditions must exist and approved procedures must be followed and appropriately documented as follows:
      • The SFA originating the competitive procurement must have a “piggyback provision” in the original solicitation
      • Documentation of the emergency requiring the piggybacking must be maintained
      • Approval from the purchasing SFA’s governing board will be obtained and documented
      • Approval from the SFA that originated the competitive procurement will be obtained and documented
      • Approval from the Vendor that was awarded the Contract (original solicitation) will be obtained and documented
      • Approval to piggyback will be obtained and documented from the governing board during a regularly scheduled meeting following the public notice;
      • Notification to the vendor of final approval will be documented and issued;
      • A contract with the vendor will be developed including:
        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 SFA, whichever is sooner. The SFA, its authorized agents, and/or State and/or USDA auditors shall have full access to and the right to examine any of said materials during said period.
    3. The SFA shall agree to retain all books, records and other documents relative to the award of the contract for three (3) years after final payment. Specifically, the SFA shall maintain, at a minimum, the following documents:
      • Written rationale for the method of procurement
      • A copy of the original solicitation
      • 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
      • A history of any contractor breaches
  6. The following conduct will be expected of all persons who are engaged in the awarding and administration of contracts supported by School Food and Nutrition Program Funds. These written standards of conduct include:
    1. No employee, officer or agent of the Logan City School District 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.
    2. Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award:

      1. The employee, officer, or agent.
      2. Any member of the immediate family.
      3. His or her partner.
      4. An organization which employs or is about to employ one of the above.
    3. The Logan City School District employees, officers or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements.
    4. Penalties for violation of the standards of code of conduct of the Logan City School District School Child Nutrition Program should be:
      1. Reprimand by Board of Education.
      2. Dismissal by Board of Education.
      3. Any legal action necessary.