Procurement Review Documents

Summary

The U.S. Department of Agriculture (USDA) requires the California Department of Education (CDE) to monitor school food authorities’ (SFA) compliance with federal and state regulations and policies when procuring goods and services. The procurement of goods and services paid for with federal funds must be conducted in a way to ensure full and open competition per Title 2, Code of Federal Regulations (2 CFR), Section 200.319(a).

The procurement of goods and services is a significant responsibility of an SFA. Obtaining the most economical purchase price for the products or services needed must be considered when using federal funds.Federal, state, and local laws and regulations specify the procurement methods, terms, and conditions SFAs must follow to competitively procure goods and services, award contracts, and oversee contractor performance per 2 CFR, Section 200.318(b). The CDE is required to ensure that SFAs comply with the applicable provisions through audits, reviews, technical assistance, training guidance materials, and by other means per Title 7, Code of Federal Regulations (7 CFR), Section 210.19(a)(3).

The SFA must submit the documents listed below to the CDE by the due date in the email notifying the SFA that they are scheduled for an off-site procurement review. Please note that all documentation must reflect the School Year (SY) under review. Only submit the requested documentation. These documents assist the CDE in monitoring the SFA's compliance with procurement requirements as set by federal regulations in 2 CFR, Part 200 and 7 CFR, Section 210.21(c).

Review Documents

• SFA Procurement Table, Form PRU 01, in the Download Forms section of the Child Nutrition Information and Payment System (CNIPS). Only list those goods and services paid for with cafeteria funds
• Review SY Vendor Paid List (VPL) (CNIPS Form PRU 02) or summary of expenditures, which is a report from the SFA’s accounting system of total expenditures listed by vendor that were paid for with cafeteria funds
• Cooperative or group purchasing agreements, if applicable.
• SFA Code of Conduct*
• SFA Procurement Procedures*

*For guidance on developing these written documents, the CDE provides a sample Code of Conduct (CNIPS Form PRU 08a) and a sample Procurement Procedures document (CNIPS Form PRU 08b). You can also access the Code of Conduct and Procurement Procedures Checklist on the CDE Procurement in Child Nutrition Programs web page. This web page also includes guidance on the Buy American Provision.

SFAs must email these documents to the CDE procurement review email address at NSDProcurementReview@cde.ca.gov by the due date in the email notifying the SFA that they are scheduled for a procurement review.

Procurement Documents

The CDE will request information from the SFA at two different points in time. This first request for documentation will occur after the CDE has identified the SFAs that will receive procurement reviews. This request will include a request for the documents listed above. After receiving these documents, the CDE will select a sample of procurements to review. Based on the procurements (e.g., contracts) selected for review, the CDE will make a second request for procurement documents from the SFA for the purposes of the procurement review. The SFA should only submit documents related to the procurement/contract(s) the CDE selected for further review. These documents may include:

Micropurchases

• Purchase orders issued
• Receipts and invoices

Small Purchases

• Solicitation documents (including specifications and score sheets)
• Bid quotes and responses
• Evaluation of responses for award
• Purchase orders
• Receipts and invoices

Formal Contracts

• Solicitation documents (including specifications, score sheet, contract terms and conditions, etc.)
• Bidder/offeror responses
• Evaluation of responses for contract award
• Contract renewals, addenda, and amendments, if applicable
• Cost or price analysis documentation
• Noncompetitive proposal authorization, if applicable
• Invoices (a minimum of three vendor invoices identifying goods and services procured and the amount paid)
• Cost price analysis documents (prior to solicitation)

Food Service Management Company (FSMC) Contracts

• Base Year
  • Notification to vendors of rejected bids/offers, if applicable
  • FSMC invoices (minimum of three)
  • USDA Foods credits total for the prior year
  • Reconciliation of discounts, rebates, and credits, if applicable
• Renewal Year
  • FSMC invoices
  • Reconciliation for USDA Foods for the review SY
  • Reconciliation of discounts, rebates, and credits, if applicable
  • Advisory Board documents  
  • Health Permit document
  • FSMC on-site monitoring (if applicable)

Processing Contracts for USDA Foods

• SFA solicitation documents, vendor bids and responses, evaluation for contract award, and executed contracts for selected vendors
• Contract renewals, addenda, and amendments, if applicable
• Reconciliation of USDA Foods received, if applicable

Contact Information

If you have any questions regarding this subject, please email the Procurement Resources Unit at NSDProcurementReview@cde.ca.gov. For CACFP questions only, visit the CDSS CACFP web page or call 1-833-559-2420 for more information.

For questions, email the Procurement Resources Unit at NSDProcurementReview@cde.ca.gov or visit the CDE Procurement in Child Nutrition Programs web page for a list of review questions, steps in the procurement review process, and additional guidance.