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PROCUREMENT OF COMMERCIALLY VENDED MEALS

PROCUREMENT OF COMMERCIALLY VENDED MEALS. OBJECTIVES. Local Education Agency (LEA) will: Correctly complete the commercial vendor procurement process Receive Approval From State Agency. COMMERCIAL VENDOR DEFINITION.

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PROCUREMENT OF COMMERCIALLY VENDED MEALS

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  1. PROCUREMENTOF COMMERCIALLY VENDED MEALS

  2. OBJECTIVES Local Education Agency (LEA) will: • Correctly complete the commercial vendor procurement process • Receive Approval From State Agency

  3. COMMERCIAL VENDOR DEFINITION • A commercial vendor is an enterprise that provides complete meals or meal components • A vendor cannot provide employees or manage any aspect of the school food service at the LEA NOTE: LEAs purchasing meals directly from another LEA are exempt from the procurement regulations. A sample LEA to LEA contract (#56) is available in SNEARS

  4. PROCUREMENT PROCESS GUIDELINES FOR ALL LEAs • All LEAs must execute a new commercial vendor contract for school year 2013-2014 • Exception: LEA executed multiyear contract for 2012-2013 • Federal procurement regulations and state public school contract law must be followed • LEA must guarantee open and free competition

  5. PROCUREMENT STEPS • Determine procurement process: • Formal process • Informal process • Develop specifications • Advertise for bids or solicit proposals • Receive & evaluate bids/proposals • Award contract • Manage contract

  6. STEP 1- BID OR QUOTE? Non-Public Schools • Formal bid process required if total cost of contract is at or above $150,000 • Informal (“small purchase”) process allowed if total cost of contract is below $150,000

  7. STEP 1: BID OR QUOTE? Public & Charter Schools • Based on public school contract law (more restrictive than federal regulations), formal bid process required if: • LEA has a Qualifying Purchase Agent (QPA), and total cost of contract exceeds $36,000 OR • LEA does not have a QPA and total cost of contract exceeds $26,000

  8. TOTAL COST OF CONTRACT To determine total cost of contract, multiply: # of meals needed per day, by type X Unit price per meal, by type X Annual number of meal service days Current numbers can be used to project total costs for school year 2013-2014

  9. EXAMPLE # of meals needed per day: 100 Unit price per breakfast: $1.25 Unit price per lunch: $2.40 Serving days in school year: 165 Breakfast: 100 X $1.25 X 165 = $20,625 Lunch: 100 X $2.40 X 165 = $39,600 TOTAL COST: $60,225 Public/Charters: Formal process required Non-Public: Informal process acceptable

  10. STEP 2: SPECIFICATIONS • Required for formal or informal procurement process • Detailed specifications must be developed by LEA • Specs must include required forms (next slide) • All contract requirements must be included • Include as much information as possible to allow vendor to give realistic proposal

  11. REQUIRED FORMSTO INCLUDE WITH SPECS • LEA must include the following required forms with specs: • Certificate Regarding Debarment(#130) • Certification Of Independent Price Determination (#131) • signed by vendor & LEA • Disclosure Of Lobbying Activities (#132) • Certification Regarding Lobbying (#133) • Vendor must submit completed forms with proposal

  12. SPECIFICATION GUIDANCE • Specs should detail general and specific conditions or requirements. • Examples include: • Length of contract (1 year or multiyear) • Type of meals (breakfast, lunch, snack) • # components (all 5 or only certain ones) • # days, location(s) and time(s) for meals • Equipment needs, if any • Type of meal service (i.e., bulk, prepack) • Menu development (LEA or vendor) • Vendor compliance with HACCP standards • Vendor compliance with meal pattern regulations

  13. SUGGESTED FORMSTO INCLUDE WITH SPECS • School Lunch Meal Pattern (#198) • School Breakfast Pattern (# 91) • After School Snack Meal Pattern (#71) • HACCP Production Record (#51 or #83) • School Calendar Meal patterns and production records are available on the Dept. of Agriculture web site at: www.nj.gov/agriculture/applic/forms/#6

  14. STEPS 3 AND 4: FORMAL PROCUREMENT PROCESS Advertise and evaluate bids: • Publicly advertise Invitation For Bid (IFB) • Publicly open bids at time and place specified in the IFB • Evaluate bids to determine if all conditions and requirements in specs were met

  15. STEPS 3 AND 4: INFORMAL PROCUREMENT PROCESS Solicit quotes & evaluate proposals: • Request for Proposals (RFP) must be solicited by one or more of the following methods: • Letters to potential vendors (minimum of 3) • Emails to potential vendors (minimum of 3) • Public advertisement

  16. STEPS 3 AND 4: INFORMAL PROCUREMENT PROCESS Solicit quotes & evaluate proposals (cont’d): • Specs in RFP should include all significant evaluation factors and scoring criteria LEA will use to make selection • Evaluate proposals received: • Determine if all requirements and conditions in specs were met • Rank and score proposals

  17. STEP 5: AWARDING THE CONTRACT Formal procurement process (IFB): • Award contract to the responsible bidder whose bid met conditions/requirements and is lowest in price Informal procurement process (RFP): • Award contract to responsible vendor, whose proposal is most advantageous to LEA, price and other factors considered State Agency LEA/Vendor Contract (#233) must be used in its entirety

  18. CONTRACT TERM • Contract can be awarded for a term of: • 1 Year; or • 2 Years; or • 3 Years • Length (term) of contract: • Determined by LEA • Must be included in specs • If multi-year contract (2 or 3 years) is awarded, unit price per meal must remain the same for the entire contract term

  19. STEP 6:MANAGING THE VENDOR CONTRACT • LEA must assure that vendor follows all requirements/regulations. • For example, LEA is responsible to assure vendor: • Provides meals that meet current meal pattern requirements in correct portion sizes • Completes a portion of daily production records if required in specs • Provides recipes and nutrition facts labels when an administrative review is conducted

  20. STEP 6:MANAGING THE VENDOR CONTRACT • For example, LEA is responsible to assure vendor (cont’d): • Maintains HACCP principles • Provides daily delivery slips • Follows all conditions/requirements included in specifications and contract

  21. STATE AGENCY APPROVAL • LEAs must submit all required documents indicated on the LEA/Commercial Vendor Contract Checklist (#199) by September 30 as part of annual agreement process • Multi-year contracts must be submitted annually

  22. REQUIRED DOCUMENTS If formal procurement process used, submit: • Actual copy of published notice of Invitation For Bid (IFB) • Copy of IFB • Record of Bids Received • Executed Contract (#233) with Original Signatures and Date Signed • For Public & Charter schools only: Certified Board Minutes Awarding Contract (Must contain price vendor is charging for each meal type)

  23. REQUIRED DOCUMENTS If informal procurement process used, submit: • Documentation of solicitation of quotes (letters or emails sent to potential vendors or actual copy of public advertisement) • Record of Quotes Received • Executed Contract (#233) with Original Signatures and Date Signed • For Public & Charter schools only: Certified Board Minutes Awarding Contract (Must contain price vendor is charging for each meal type

  24. CONTRACT RENEWAL After the initial contract term of one, two or three years, LEA can renew if the following requirements are being met: • Services are being performed in an effective and efficient manner • Terms and conditions are not substantially changed from original contract • Any price increase in renewals cannot exceed quarterly index rate in effect at time of renewal • Total length of original contract term and any renewals cannot exceed 5 consecutive years

  25. ADDENDUMS Beginning school year 2014–2015: • Addendums will be acceptable. Required language referencing addendums has been added to state agency lea/vendor contract template • A required state agency LEA/vendor addendum and document checklist will be available • Guidance on using the quarterly index rate for allowable vendor meal price increases will be available

  26. PROCUREMENT RESOURCES Documents are available in the “Vended Meals” tab under resources in SNEARS: • Certificate Regarding Debarment (#130) • Certification Of Independent Price Determination (#131) • Disclosure Of Lobbying Activities (#132) • Certification Regarding Lobbying (#133) • Commercial Vendor Fact Sheet (#187) • LEA/Commercial Vendor Contract Checklist (#199) • LEA/Vendor Contract Template (#233)

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