EFA FOOD PURCHASING
E - SUPPORT SERVICES
Procurement Policy for Uinta County School District #1 Food Service
Uinta County School District #1 will adhere to the following policy requirements for any procurement related to food service:
Purchases:
- Purchase or contract value greater than $25,000:
- If the amount exceeds twenty-five thousand dollars ($25,000.00) this is considered a formal purchase, and contract must be awarded through a formal procurement process and a call for bids or request for proposals shall be published at least once in a newspaper of general circulation in the district, as well as published in a newspaper generally circulated state-wide and posted on the district’s website. The call for bids or proposals may also be published in a regional newspaper. No contract shall be divided for the purpose of avoiding this paragraph.
- Purchase greater than $10,000 and less than $25,000:
- DISTRICT #1 will obtain competitive bids (quotes) when any purchase will cost more than ten thousand dollars ($10,000.00) and less than twenty-five thousand dollars ($25,000.00).
- Purchase less than $10,000:
- Any purchase greater than the micro-purchase threshold but less than then ten thousand dollars ($10,000.00) is considered a small purchase and does not require a bid process, however, the small purchase shall be made on a competitive basis.
- Any purchase below three thousand five hundred dollars ($3,500.00) or as currently defined by 2 CFR 200.67 is considered a micro-purchase. Micro-purchases may be awarded without soliciting competitive quotes if the price is considered reasonable. To the extent feasible, however, DISTRICT#1 must distribute micro-purchases equitably among qualified suppliers. The micro-purchase threshold will periodically be adjusted for inflation, therefore, DISTRICT #1 shall follow the most current threshold as defined at 2 CFR 200.67.
Per 2 CFR 200.321 the SFA will purchase from small, minority and women’s business enterprises and labor surplus firms whenever possible.
Bid Specifications:
Uinta County School District #1 contracts will not be awarded to any potential vendors who write any of the bid specifications, the solicitation documents, or any of the contract language.
Identical bid specifications and/or request for proposals will be provided to all potential vendors.
Uinta County School District #1 will avoid acquisitions of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.
Geographic Preference:
No Geographic Preference (advantage based on location) is allowed with federal funds except for documented Farm to School (Farm to Plate) efforts. Therefore, as part of Farm to School DISTRICT #1 may choose to apply a geographic preference when procuring unprocessed locally grown or locally raised agricultural products only.
Buy American:
DISTRICT #1 is required to purchase, to the maximum extent possible, domestic products for use in meals served in its National School Lunch and School Breakfast Programs. The “Buy American” requirement (7 CFR Part 210.21(d)) specifies that the district should purchase domestically produced food and food products.
A “domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S.
The Buy American provision also applies to entities that purchase on behalf of the district.
If Uinta County School District #1 is unable to purchase a domestic item, documentation must be kept justifying the exemption(s) and maintained for review by the SA.
Uinta County School District #1 will include a “Buy American” clause in all product specifications, bid solicitations, requests for proposals, purchase orders, and any other type of procurement documents issued.
Debarment and Suspension:
Uinta County School District #1 will obtain verification regarding debarment and suspension for all food service contracts to be paid with Federal assistance.
To meet this requirement Uinta County School District #1 will use the state-approved Debarment and Suspension Certification Form to be included as an attachment to all contracts and bid documents.
Standard of Conduct for Uinta County School District #1 Employees:
Uinta County School District #1 maintains the following code of conduct for any employees engaged in award and administration of contracts supported by Federal Funds:
- No Uinta County School District #1 employees will engage in any procurement when there is a conflict of interest, real or perceived, and Uinta County School District #1 employees cannot solicit or accept any gratuities, favors or anything of monetary value from prospective vendors
- No Uinta County School District #1 employee shall participate in the selection, award or administration of a contract when any of the following persons have a financial interest in the firm selected for award:
- The employee
- Any member of his/her immediate family
- People with whom there is an affectionate personal relationship
- An organization which employs or is about to employ any of the above
- Uinta County School District #1 would like all employees to behavior with the utmost integrity and never be self-serving, be fair in all aspects of the procurement process, be alert to conflicts of interest, and avoid any compromising situations.
- Employees found to be in violation of this policy are subject to disciplinary action. Based on the severity of the infraction, the penalties could include a written reprimand to their personnel file, a suspension with or without pay, or termination.
Contract Administration:
Uinta County School District #1 will maintain a contract administration system which will ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Uinta County School District #1 Business Manager will review all aspects of any contractor bid documents, expenditures, processes, and procedural aspects to ensure compliance with all federal, state, and school district regulations.
Uinta County School District #1’s contract administration system will address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms. Appropriate sanctions and/or penalties will be included.
All contracts in excess of $10,000.00 must address termination for cause and for convenience and include the manner by which it will be effected and the basis for settlement.
Contracts made under a Federal Award (such as with funding from the USDA Child Nutrition Programs) will also contain all applicable federal provisions as referenced under Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
Discounts, Rebates, Credits:
Uinta County School District #1 will verify that all food program contracts and procurements are net of all applicable discounts, rebates, and credits. All contractors will maintain records and source documents in support of all costs, discounts, rebates, and credits.
Records Retention and Access:
Uinta County School District #1 will allow access to all records per 2 CFR 200.336.
Uinta County School District #1 will retain all Food Program records for three years after final payments and/or three years after any pending matters have been closed and completed. Uinta County School District #1 will also maintain records sufficient to detail the history of any procurements. These records will include, but are not limited to, the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. Record retention will adhere to all 2 CFR 200.333 requirements.
Bid Protest Procedures:
Uinta County School District #1 will investigate the basis for the Bid protest and analyze all facts. Uinta County School District #1 will notify the Bidder whose Bid is the subject of the Bid protest of evidence found as a result of the investigation, and afford the Bidder an opportunity to rebut such evidence, and permit the Bidder to present any evidence that the bid and/or contract award was done in an unfair or biased manner. If necessary Uinta County School District #1 will then hold an informal hearing by the School Board which will include the Superintendent and Business Manager. Uinta County School District #1 will issue a written decision within 15 business days following receipt of the Bid protest, unless factors beyond Uinta County School District #1 reasonable control prevent such a resolution, in which event such decision will be issued as expeditiously as circumstances reasonably permit.
The decision will state the reasons for the action taken by Uinta County School District #1. A copy of this decision will be furnished to the protestor and any other parties affected.
The board of trustees at the next regular board meeting following the receipt of the appeal shall either hear the appeal or set a time to consider the appeal. The board may in its discretion render a decision based upon the information and records before the board of trustees or, in the board’s discretion, may request the claimant and a representative of the school district to each present information pertaining to the bid protest. In the event the board chooses to hear from the bid protester and a representative of the school district, each will be entitled to present or have someone on their behalf present their position to the board.
Thereafter, the board shall render its decision either at that meeting or at the next regular board meeting.