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, 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 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 subpart D and 7 CFR, Section 210.21.

Review Documents

• SFA Procurement Table, 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. The PRU-01 SFA Procurement Table and PRU-01a SFA Procurement Table (Guide) are located under the Download Forms section in Child Nutrition Information and Payment System (CNIPS).
• 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. The PRU-02 Vendor Paid List instructions are located under the Download Forms section in CNIPS.
• Child Nutrition Program operator-only cooperative agreement, Inter-agency agreement, Memorandum of Understanding agreement, Piggyback Contract or Group purchasing agreement, if applicable.
• SFA Code of Conduct*
• SFA Procurement Procedures*

*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 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 procurement review. The first request for documentation will occur after the CDE has identified the SFAs that will receive procurement reviews. The request will include the documents listed above under review documents. 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

Small 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

• SFA template agreement/contract for processors
• SFA 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.