LAPR Required Documentation

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, administrative 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 required documents listed below to the CDE by the specified due date in the Initial Documentation email sent from NSDProcurementReview@cde.ca.gov. Please only submit the requested documentation that reflects the School Year (SY) under review. These documents assist the CDE in monitoring the SFA's compliance with procurement requirements as set forth by federal regulations in 2 CFR, Part 200 subpart D and 7 CFR, Section 210.21.

Review Documents

• SFA Procurement Table, is a form used to collect information about your agency and the procurement method(s) used in each procurement transaction relating to your agency's food service program that was paid for using the nonprofit food service account during the school year under review. The table is not intended to capture other types of funding sources; only list purchases and transactions that were procured using the nonprofit food service account. SFAs that need assistance with filling out the SFA Procurement Table can access the SFA Procurement Table Guide in Child Nutrition Information and Payment System (CNIPS), Download Forms, Form ID PRU 01a.
• Vendor Paid List (VPL), is a document created by your agency that identifies the total amount paid to each vendor during the school year under review, from your agency's nonprofit food service account. SFAs that need assistance with creating the VPL can access Vendor Paid List Instr. in CNIPS, Download Forms, Form ID PRU 02.
• Types of Cooperative Agreements, Child Nutrition Program (CNP) operator-only cooperative agreement, Inter-agency agreement, Memorandum of Understanding agreement, Piggyback Contract or Group purchasing agreement, if applicable.
• SFA Code of Conduct*, the SFA must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts.
• SFA Procurement Procedures*, the SFA must maintain and use documented procedures for procurement transactions under a federal award or subaward, including for acquisition of property or services. These documented procurement procedures must be consistent with State, local, and tribal laws and regulations and the standards identified in Title 2, CFR section 200.317 through section 200.327 .

*SFAs that need assistance writing the code of conduct and procurement procedure documents can access the Code of Conduct Sample in CNIPS, Download Forms, Form ID PRU-08a, and the Procurement Procedures Sample, Form ID PRU-08b. The CDE Procurement in Child Nutrition Programs web page also includes guidance on the Buy American Provision.

SFAs must email these documents to the CDE Procurement Resources Unit (PRU) at NSDProcurementReview@cde.ca.gov by the due date in the Initial Documentation email notifying the SFA they are scheduled for a procurement review.

Procurement Documents

The CDE will request information from the SFA at two separate times during the off-site procurement review. The first request for documentation will occur after the CDE has identified the SFAs that will receive a procurement review. The request will include the documents listed under the "Review Documents" section. After receiving these documents, the CDE will select a sample of procurements for a detailed 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 or invoices

Simplified Acquisition Purchases

• Solicitation documents (specifications, evaluation criteria)
• Bid quotes and responses
• Evaluation of responses for award
• Purchase orders
• Receipts or invoices

Formal Contracts

• Solicitation documents (solicitations, evaluations, score sheets, etc.)
• Bidder/offeror responses
• Evaluation of responses for contract award
• Executed contracts
• Contract renewal/addendum/amendments, if applicable (since original contract was awarded)
• 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)

Food Service Management Company (FSMC) Contracts

• Base Year
  • Solicitation documents (specifications, evaluations, contract terms, conditions, etc.)
  • Bidder/Offeror responses
  • Evaluation Documents/Scoring Sheets
  • 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 (cost-reimbursable contracts only)
• Renewal Year
  • FSMC invoices
  • Reconciliation for USDA Foods (both fixed-price & cost-reimbursable contracts)
  • Reconciliation of discounts, rebates, and credits (cost-reimbursable contracts only)

Processing Contracts for USDA Foods

• State Distributing Agency (SDA) template agreement/contract for processors
• SDA list of approved foods for processing
• SFA planned assistance level (from prior school year)
• SFA solicitation documents, vendor bids/responses, evaluations, and contracts
• Contract renewals, addenda, and amendments, if applicable
• Reconciliation of USDA Foods received, if applicable

Contact 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 additional guidance and resources.