PROCUREMENT OF SERVICES FROM A FSMC
SCHOOL YEAR 2020-2021
PROCUREMENT OF SERVICES FROM A FSMC SCHOOL YEAR 2020-2021 LEARNING - - PowerPoint PPT Presentation
PROCUREMENT OF SERVICES FROM A FSMC SCHOOL YEAR 2020-2021 LEARNING OBJECTIVES Participants should be able to: Understand the RFP/Contract process Understand State and Federal requirements for procuring the services of an FSMC
SCHOOL YEAR 2020-2021
Participants should be able to:
for procuring the services of an FSMC
and FSMC when contracting with an FSMC
FSMC Request for Proposal (RFP)
■ Understand the new and revised forms to use in preparation of the FSMC RFP/Contract ■ Understand the similarities and differences in a Cost Reimbursable (Form 17CR) and Fixed Price (Form 17FP) RFP/Contract ■ Understand the differences in the monitoring requirements for both types of contracts ■ Know where to find FSMC documents
before advertisement
award of the contract
Certification & Agreement pages are signed and returned
*ATTENTION* A new step has been added this year: Completed RFP Solicitation Documents must be submitted to the State Agency for approval via email before advertisement. PLEASE NOTE: The new email address for submission is: DFNContracts@ag.nj.gov
■ RFP/Contract documents are State Agency developed (Form 17CR & 17FP) ■ RFP/Contracts are in PDF fillable format ■ All RFP Solicitation Documents must be Approved by the State Agency prior to advertisement ■ Contract Modifications (Old Form 47) must now be included in the RFP Solicitation Document on the RFP Modification Request page
■ Submission of the Fixed Price RFP Documents for APPROVAL will be via email to the State Agency to DFNContracts@ag.nj.gov by April 15th, 2020 ■ The Fixed Price Contract will be entered, approved, and maintained using the Electronic Contract Approval System (ECAS) ■ A webinar on electronic submission in ECAS for the Fixed Price RFP/Contract is available under Training
Addendum and Base Year Contract in ECAS – 3/14/2019” ■ A webinar on completion of RFP/Contracts will be available under Training on SNEARS in late January ■ Contract submission for PRE-APPROVAL deadline is May 29th, 2020
■ Submission of the Cost Reimbursable RFP Documents for APPROVAL will be via email to the State Agency to DFNContracts@ag.nj.gov by April 15th, 2020. ■ A webinar on completion of RFP/Contracts will be available under Training on SNEARS in late January. ■ A webinar on document submission for CR Contracts and Renewals will be available in February. ■ Contract submission for PRE-APPROVAL deadline is May 29th, 2020
PLEASE NOTE: If RFP Solicitation Documents are not submitted by April 15th, 2020, this WILL delay the Approval process.
procurement regulations
are located in SNEARS
American Provision
Full and Open competition means:
the same opportunity to compete
requirements do not unduly restrict or eliminate competition
procurement process are followed
all currently registered FSMC’s who request them
Some Violations of Full and Open Competition include:
geographic location
high percentage of RFP/Contracts. Please either use State Agency provided sample scoring criteria or carefully create your own based on the needs of your district.
scoring criteria.
posted under “Trainings” in SNEARS.
all FSMC food specifications and solicitations.
foods not meeting the domestic standard and the reasons why (Limited reasons are covered in the USDA memo). PLEASE NOTE: The Buy American Provision will be reviewed in both Procurement and Administrative
properly documented. This provision is applicable to all food purchases and contracts for all programs – including CACFP and SFSP.
■ SFA Is legally responsible for the conduct of the school food service program ■ Must ensure FSMC compliance with federal, state and local regulations and requirements ■ Must retain control and overall financial responsibility
■ Must employ a sufficient number of qualified staff to perform responsibilities that cannot be delegated to the FSMC
**Contracting with FSMC does not mean the SFA relinquishes control of the food service
■ Direct Certification Process, Free & Reduced Applications and Verification Process ■ Generate and Maintain Master Eligibility List (MEL) ■ Monitor FSMC Food Service Operation (Form #330 – SFA- FSMC Monitoring Form)– at least 2 times per year ■ Conduct annual On-Site Accountability Reviews for Breakfast (Form #292) and Lunch (Form #142) by Feb.1st for all SFA sites ■ Conduct annual On-Site Accountability Reviews for Snack Program (Form #365 ) during first month of operation and again by the end of the school year. ■ Buy American Exception Documentation (Form # 149) – Exceptions List
■ Meet Professional Standards Requirements (SFA and FSMC) ■ Local Wellness Policy ■ Review and Approve Menus ■ Establish Menu Planning Advisory Committee ■ Establish Meal and A-La-Carte Prices ■ Review and Certify Reimbursement Claims (Conduct Edit Checks for Claims) ■ Review USDA Food (Commodity) Utilization ■ Monitor the Buy American Provision
■ Monitor FSMC Procurement Procedures – See SA Memo’s dated 10/31/2017and 11/2/2018 ■ Monitor Rebates, Discounts and Credits ■ Require and Review documentation for monthly FSMC invoices for Food, Labor, Supplies and Fees ■ Ensure all charges to the operating statement are necessary, reasonable and allowable under USDA and NJSA 18A:18A regulations and guidelines
■ Correctly determine the number of meals claimed equals the number charged ■ Correctly determine the meal rate for each type of meal on the monthly invoice ■ Review a-la-carte sales and meal equivalent rate ■ Review documentation for crediting USDA foods ■ It is not necessary to ensure charges to the
to the FP Contract
For further information regarding the differences between the Cost Reimbursable and Fixed Price Contracts:
■ Catering will be billed as a separate line item in both Cost Reimbursable and Fixed Price contracts ■ Catering is defined as all non-program events including food, supplies and labor ■ Charges will include food, supplies, labor, FSMC fees and, if applicable, SFA fees ■ Catering is a non-program cost and should be separate and apart from program costs ■ Vended Meals as well as “Special Functions” are considered part of Catering ■ A sample catering invoice will be available for your use
■ Employee training to meet Professional Standards Requirements – including documentation of training ■ Development of menus to meet USDA menu requirements ■ Implementation and use of Acceptable Collection Methods ■ Implementation and use of Acceptable Meal Counting Procedures ■ Support Services from Dietitian or Chef ■ Compliance with Smart Snacks ■ Creation and use of Meal Pattern Support Documents (Menus, production records, recipes, labels, etc.)
■ Analysis of Trends & Participation Reports ■ FSMC Payroll ■ Compliance with SFA policies ■ Promotions ■ Active Advisory Committee ■ Presentations to Board and PTA ■ Monthly Operating Statement
■ SFA’s must comply with all federal, state and local procurement regulations when securing FSMC services ■ Review reference materials and fact sheets regarding the procurement of FSMC ■ Start the process early to ensure sufficient time for FSMC to develop a thorough, comprehensive proposal ■ Hold a facility walk-through while school is in session - this step cannot be mandatory, however, if a walk-through is scheduled, the SFA MUST show up
1) Forecasting /preparing historical information (Form 372) 2) Preparing RFP 3) RFP Approval by State Agency 4) Advertise for proposals 5) Receive, evaluate and score proposals 6) Select Successful FSMC 7) Submit documents to SA for Pre-Approval - must be prior to execution of contract 8) Sign Certification and Agreement Pages 9) Obtain SA Final Approval 10)Manage contract (ongoing)
■ One of the most important steps in preparing your RFP ■ Accurate historical meal counts and school/site information will help the FSMC develop a fair and realistic proposal ■ It will also assist the SFA in determining what FSMC proposal is the most advantageous to the SFA ■ The SA has developed the NJ Work Book for FSMC RFP – Form # 372 to assist you in putting together this information.
STEP 1- FORECASTING/HISTORICAL INFORMATION
Completed Form 372 is required for State Agency Pre-Approval NJ Work Book for FSMC RFP (Form #372) – Tabs: – Meals*/Sales by School/Site – Reimbursement Log*
■ *The Meals and Reimbursement Log are prepared by the State Agency
– Services to be Provided – SFA Labor/Benefits (if applicable) – Vending Machine Schedule (if applicable) – SFSP (if applicable)
■ If you will be a sponsor for the 2020 Summer, you must provide data
– CACFP - Dinner Program (if applicable) – Reimbursement Rates – Form 24CR and 24FP Data – Form 24 is the FSMC Proposal Comparison Form
■ NEW: Data required for Form 24 will come from Form 372
NJ Work Book for FSMC RFP – Form # 372 ■ ACTIVITY–Review of worksheet tabs a, b and c. ■ The SFA must request Form 372 by email after December 2019 vouchers have been certified. ■ PLEASE NOTE: Form 372 will NOT be available
■ Send request to: DFNContracts@ag.nj.gov Subject: Form 372 Data Request – SFA Name and agreement number
RFP/Contract
RFP/Contract
should be carefully reviewed and filled in by the SFA
is an area for additional modifications, specifications or changes to the RFP– Form 47 is no longer available for use
Documents MUST be Approved by the State Agency before advertisement
RFP/Contract contains all forms and documents required for an appropriate proposal by a FSMC including: ■ Advertisement page ■ RFP Scoring Criteria and Evaluation Form ■ Cost Responsibility Form ■ Equipment and Staffing Requirements (optional) ■ Confirmation of SFA-SFA Vended Meal Contract(s) and/or Consolidation Agreements (if participating) ■ Schedule of costs included in the Administrative/Management Fee ■ Check boxes for current SY 2020-2021 programs ■ Check boxes for future programs or program changes in the next 5 years – It is important to consider any future program changes for your SFA to avoid a material change in your contract – A definition of material change can be found in the RFP/Contract
documents with the RFP:
(#131)
These forms are now available as one (1) PDF document on SNEARS: Resources > FSMC All Contracts Required Documents > Required Federal Forms Packet
■ Menus – 21 day menu for each meal type ■ Current SFA price list for Meals and A-La Carte items ■ Most current SFA audit of fund 60 ■ Form #372 – New Jersey Workbook for FSMC RFP
To be included for FSMC to fill out: ■ Form #23FP or #23CR – Response and Projected Operating Statement ■ Four (4) Form 23 options: – (1) Form 23FP Public – (2) Form 23FP Non-Public – (3) Form 23CR Public – (4) Form 23CR Non-Public ■ NEW FORM #23 INCLUDES:
$ .0700
$ .0550
$ .2375
$3.77
■ SFA cannot request and FSMC cannot offer “value added” incentives such as scholarships, donations, grants, free services, free equipment, etc. ■ Revisions and clarifications to SFA’s questions must be made in writing and sent to all FSMC’s who expressed an interest in submitting a proposal or to whom the RFP was provided
■ FSMC can only purchase equipment on the SFA’s behalf if the SFA makes the request in the RFP ■ Specific equipment should be requested by SFA and/or detailed equipment specifications or technical requirements must be included ■ Public school contract law and USDA regulations must be followed when procuring equipment ■ Title to all equipment must be retained by the SFA
■ Equipment Provisions must be for one year only ■ No assumption can be made that SFA will renew contract for additional years if FSMC purchases equipment on SFA’s behalf ■ Repayment terms are to be included in RFP ■ Equipment expense cannot be part of the price per meal in the Fixed Price contract but is an additional cost billed as a separate line item.
■ Any equipment purchase over $5,000 (per item) must be approved by the SA prior to the purchase, unless the item is on the SA Pre- Approved Equipment List (Form #286) ■ BA must submit the Equipment Request Form #106 ■ This form is separate and apart from the RFP and is required whether the SFA is purchasing the equipment or FSMC is doing so on the SFA’s behalf.
Solicitation Documents to the State Agency (SA) for Approval
RFP Approval is April 15th, 2020
reviewed for correctness and completeness.
is received.
Document has been Approved, a watermark and date will be inserted on the document.
(RFP) in regional news source/official newspaper
advertisement prior to deadline for submission of proposal
web site
who are registered for SY 2020-2021 – Directory of registered FSMCs (Form 221) will be available in early January
conditions and requirements in specifications were met
requirements are considered “non- responsive” and must be rejected. Inform the FSMC in writing.
in the evaluation
When reviewing proposals received:
evaluation criteria included in specifications
used (in RFP document)
potential FSMC may have included in their proposal – this is considered overly responsive
In Cost Reimbursable Contracts Only One Fee is Allowed ■ Per Meal Administrative/Management Fee (Cents per meal) ■ Flat Administrative/Management Fee – The Administrative / Management Fee is a fee charged for services
Per Meal Management Fee
National School Lunch, School Breakfast and After School Snack Programs (as applicable) - determined by actual count
the total dollars of A La Carte Sales (including Student A La Carte, Adult Meals, and Vending Machine Sales) divided by the Meal Equivalent Conversion Factor of $3.77
Flat Management Fee
management Fee of (Dollar Amount) per (Week or Month) for number of (weeks
need to cover any future/potential additional programs included in the RFP – such as Summer Food Service Program (SFSP) and/or CACFP “At Risk” Dinner
Meal Rates will be broken Down as follows: ■ Breakfast (School Breakfast Program) - actual meals served x Breakfast Meal Rate ■ Lunch/Dinner (National School Lunch Program & CACFP Dinner) – actual meals served + (plus) total meal equivalents (using the same formula as described in the cost reimbursable contract) x Lunch Meal Rate ■ Snack (After School Snack Program) – actual meals served x Snack Meal Rate
IMPORTANT – GUARANTEE LANGUAGE IS IN BOTH THE COST-REIMBURSABLE AND FIXED PRICE CONTRACT
The FSMC may choose one of the following: GUARANTEED LOSS GUARANTEED BREAKEVEN GUARANTEED RETURN NO GUARANTEE
Guarantees are not capped and are unlimited. Guarantees can not exceed the bottom line on Form 23.
■ Refer to proposal and Response & Projected Operating Statement (Form #23) to make sure guarantee is based on realistic projections ■ Are the proposed number of meals to be served actual historical or close to the actual historical numbers provided? Projecting numbers that are unrealistic could skew a guarantee ■ A Guarantee is not the “price” of the proposal and if you are going to evaluate a guarantee it should be defined in the scoring and evaluation criteria
price SFA must document evaluations of proposals per the language in N.J.S.A.18A:18A-4.5(d):
evaluate all proposals only in accordance with the methodology described in the request for proposals. After proposals have been evaluated, the purchasing agent or counsel or school business administrator shall prepare a report evaluating and recommending the award of a contract or contracts. The report shall list the names of all potential vendors who submitted a proposal and shall summarize the proposals of each vendor. The report shall rank vendors in order of evaluation, shall recommend the selection of a vendor or vendors, as appropriate, for a contract, shall be clear in the reasons why the vendor
the terms, conditions, scope of services, fees, and other matters to be incorporated into a contract. The report shall be made available to the public at least 48 hours prior to the awarding of the contract, or when made available to the board of education, whichever is sooner.”
proposals.
and other matters to be included in the contract.
award of the contract, or at the time it is made available to the board of education – whichever is SOONER.
counts from Form #372 in Form #24 for your evaluation
each type of RFP - #24FP and #24CR
be returned to the SA with contract
■ Award contract to responsible FSMC, whose proposal, based on scoring and ranking, is most advantageous to SFA, with price as the primary factor and other factors considered ■ Scoring and evaluation materials must be kept on file at the SFA ■ All scoring and evaluation materials must be sent to the State Agency as part of the Pre- Approval process
promptly notified
notice in the official newspaper summarizing the award of the contract
year only with the option of 4 one year renewals
Cost Reimbursable Contract Submission
DFNContracts@ag.nj.gov
Solicitation Document Completion
Reimbursable Submission and Renewals
Reimbursable Contract Submission Checklist
REMINDER: RFP Document submittal for Approval by April 15th, 2020 will be via email to DFNContracts@ag.nj.gov and will NOT be through ECAS
ECAS
system
number
contract in the same manner as the base year.
For CR Contracts:
Certification Agreement Page
signed Certification Agreement Page for Final Approval For FP Contracts:
available in ECAS when contract is Pre- Approved
Agreement Page for Final Approval
SFA is responsible to ensure that the FSMC:
regulations and requirements
USDA meal pattern requirements
acceptable to students
that do not meet the Buy American Provision
monthly invoices
After the initial contract term, the SFA can renew up to an additional 4 – one year terms if the following requirements are being met:
effective and efficient manner
same (no material change has or will take place)
quarterly index rate in effect at the time of renewal
■ The Quarterly Index Rate is published four times a year (January, April, July and October) ■ The index rate is posted on the NJ Department
– http//www.state.nj.us/dca/divisions/dlgs/pr
Forms in SNEARS are now broken down into the following categories: Go to SNEARS – Resources
DOCUMENTS
*REMINDER: Form 372 will not be on SNEARS – this must be requested by email*
Emily.Frank@ag.nj.gov or 609-292-3128
December 17th, 2019
SNEARS under Training Other Resources:
2 CFR 200.318-200.326)
38-2017
Department of Agriculture School Nutrition Programs 609-984-0692 www.nj.gov/agriculture This institution is an equal opportunity provider.
This webinar will count toward 2 hours of professional standards training:
Key Area- Operations Learning Topic- Purchasing/Procurement Topic Code - 2460
Disclaimer: This presentation was provided as technical assistance to provide a general framework of the process of contracting with a
reference materials and applicable federal, state, and local law to ensure compliance. In addition, seeking legal counsel or advice is recommended when procuring a contract of any kind.