PROCUREMENT OF SERVICES FROM A FSMC SCHOOL YEAR 2020-2021 LEARNING - - PowerPoint PPT Presentation

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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


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SLIDE 1

PROCUREMENT OF SERVICES FROM A FSMC

SCHOOL YEAR 2020-2021

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SLIDE 2

LEARNING OBJECTIVES

Participants should be able to:

  • Understand the RFP/Contract process
  • Understand State and Federal requirements

for procuring the services of an FSMC

  • Understand the responsibilities of the SFA

and FSMC when contracting with an FSMC

  • Understand the steps in preparation of an

FSMC Request for Proposal (RFP)

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SLIDE 3

LEARNING OBJECTIVES - Continued

■ 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

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SLIDE 4

RFP/Contract Approval Process

  • The NEW 3 step Approval process:
  • (1) RFP Approval must take place

before advertisement

  • (2) Pre-Approval must take place after

award of the contract

  • (3) Final Approval will be granted after

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

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SLIDE 5

RFP/Contract Approval Process(cont.)

■ 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

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SLIDE 6

CONTRACT SUBMISSION TIMELINE Fixed Price

■ 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

  • n SNEARS titled “Submission of a Fixed Price

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

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SLIDE 7

CONTRACT SUBMISSION TIMELINE Cost Reimbursable

■ 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

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SLIDE 8

***ATTENTION***

PLEASE NOTE: If RFP Solicitation Documents are not submitted by April 15th, 2020, this WILL delay the Approval process.

IF CONTRACTS ARE NOT SUBMITTED FOR PRE-APPROVAL BY THE MAY 29th, 2020 DEADLINE, YOUR JUNE REIMBURSEMENT WILL BE PUT ON HOLD.

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SLIDE 9

PROCUREMENT of a FSMC

  • SFAs must comply with all federal, state and local

procurement regulations

  • Reference materials and webinars on Procurement

are located in SNEARS

  • Reference Materials: Under the Resources link
  • Webinars: Under the Training link
  • Full and Open competition must be ensured
  • SFAs must comply with and monitor the Buy

American Provision

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SLIDE 10

FULL AND OPEN COMPETITION

Full and Open competition means:

  • All FSMC’s are on a level playing field and have

the same opportunity to compete

  • Procurement procedures and specification

requirements do not unduly restrict or eliminate competition

  • Fairness and integrity in all aspects of the

procurement process are followed

  • SFA must provide Request for Proposal (RFP) to

all currently registered FSMC’s who request them

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SLIDE 11

FULL AND OPEN COMPETITION (cont.)

Some Violations of Full and Open Competition include:

  • Proposals accepted after the public opening.
  • Collusion between companies
  • Gifts from FSMCs to SFA employees or Board Members
  • Insufficient RFP submission time
  • Identical information not shared with all interested FSMCs
  • Unreasonable requirements such as FSMC operating in a specific

geographic location

  • FSMC assisting with or preparing the RFP to which they will respond.
  • PLEASE NOTE: Identical scoring criteria language was documented in a

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.

  • Per Federal law, New Jersey specific language may NOT be used in the

scoring criteria.

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SLIDE 12

BUY AMERICAN PROVISION

  • The Buy American Provision Webinar is now

posted under “Trainings” in SNEARS.

  • The Buy American Provision must be included in

all FSMC food specifications and solicitations.

  • The FSMC must document any proposed use of

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

  • Reviews. All exceptions to the requirement must be

properly documented. This provision is applicable to all food purchases and contracts for all programs – including CACFP and SFSP.

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SLIDE 13

GENERAL SFA RESPONSIBILITIES

■ 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

  • f the school food service account (fund 60)

■ 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

  • peration.**
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SLIDE 14

SFA RESPONSIBILITIES

■ 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

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SFA RESPONSIBILITIES

■ 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

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SLIDE 16

SFA RESPONSIBILITIES (Cost Reimbursable Contracts)

■ 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

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SLIDE 17

SFA RESPONSIBILITIES (Fixed Price Contracts)

■ 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

  • perating statement are allowable as it is inherent

to the FP Contract

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SLIDE 18

COST REIMBURSABLE vs FIXED PRICE CONTRACTS

For further information regarding the differences between the Cost Reimbursable and Fixed Price Contracts:

A webinar is available in SNEARS under

  • Training. It is titled: ‘FSMC Contracts

2019-2020 – 11/27/2018’

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SLIDE 19

CATERING - BOTH 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

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SLIDE 20

SERVICES TO BE EXPECTED FROM THE FSMC

■ 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.)

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SLIDE 21

SERVICES TO BE EXPECTED FROM THE FSMC (cont.)

■ Analysis of Trends & Participation Reports ■ FSMC Payroll ■ Compliance with SFA policies ■ Promotions ■ Active Advisory Committee ■ Presentations to Board and PTA ■ Monthly Operating Statement

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SLIDE 22

THE PROCUREMENT PROCESS

■ 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

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SLIDE 23

STEPS IN PROCUREMENT

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)

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SLIDE 24

STEP 1- FORECASTING / HISTORICAL INFORMATION

■ 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.

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SLIDE 25

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

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SLIDE 26

REVIEW of Step 1

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

  • n SNEARS. It MUST be requested!

■ Send request to: DFNContracts@ag.nj.gov Subject: Form 372 Data Request – SFA Name and agreement number

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SLIDE 27

STEP 2 – PREPARING THE RFP

RFP/Contract

  • SFA must use the State Agency Developed

RFP/Contract

  • The RFP/Contract is in a PDF fillable format and

should be carefully reviewed and filled in by the SFA

  • Included this year at the end of the RFP/Contract

is an area for additional modifications, specifications or changes to the RFP– Form 47 is no longer available for use

  • NEW/REMINDER: Completed RFP Solicitation

Documents MUST be Approved by the State Agency before advertisement

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SLIDE 28

STEP 2 – PREPARING THE RFP

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

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SLIDE 30
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STEP 2 – PREPARING THE RFP

  • SFA must include the following required

documents with the RFP:

  • Certificate Regarding Debarment (#130)
  • Certificate of Independent Price Determination

(#131)

  • Disclosure Of Lobbying Activities (#132)
  • Certification Regarding Lobbying (#133)
  • Disclosure of Investment Activities in Iran (#39)

These forms are now available as one (1) PDF document on SNEARS: Resources > FSMC All Contracts Required Documents > Required Federal Forms Packet

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STEP 2 – PREPARING THE RFP: ADDITIONAL INFORMATION

■ 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

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SLIDE 33

STEP 2 – PREPARING RFP ADDITIONAL INFORMATION

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:

  • FSMC Hourly Labor and Benefits Chart
  • FSMC Salaried Labor and Benefits Chart
  • FSMC Equipment proposal
  • Form 24 Tab – color coded by program
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SLIDE 35
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SLIDE 36

Meal Equivalent Conversion Factor - Form 348

  • Federal free meal regular reimbursement rate $ 3.4100
  • Federal PB Lunch HHFKA

$ .0700

  • State free meal reimbursement rate

$ .0550

  • Per meal value of USDA entitlement value

$ .2375

  • $ 3.7725 =

$3.77

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SLIDE 37

IMPORTANT NOTES FOR RFP

■ 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

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SLIDE 38

REQUESTING EQUIPMENT TO BE PURCHASED IN RFP

■ 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

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SLIDE 39

EQUIPMENT REPAYMENT

■ 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.

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SLIDE 40

General Equipment Procedures

■ 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.

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SLIDE 41

STEP 3 – RFP APPROVAL *NEW*

  • NEW: SFAs must now submit completed RFP

Solicitation Documents to the State Agency (SA) for Approval

  • The deadline to submit your documents for

RFP Approval is April 15th, 2020

  • The RFP Solicitation Documents will be

reviewed for correctness and completeness.

  • SFAs may NOT advertise before RFP Approval

is received.

  • To ensure that your RFP Solicitation

Document has been Approved, a watermark and date will be inserted on the document.

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SLIDE 42

STEP 4 - ADVERTISE FOR PROPOSAL

  • Must publicly advertise Request for Proposal

(RFP) in regional news source/official newspaper

  • 20 calendar days minimum required for

advertisement prior to deadline for submission of proposal

  • Legal notice is included in RFP
  • SFA cannot advertise exclusively on school

web site

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SLIDE 43

STEP 5: RECEIVE, EVALUATE AND SCORE PROPOSALS

  • Proposals can only be accepted from FSMC’s

who are registered for SY 2020-2021 – Directory of registered FSMCs (Form 221) will be available in early January

  • Evaluate proposals to determine if all

conditions and requirements in specifications were met

  • Proposals that did not meet specification

requirements are considered “non- responsive” and must be rejected. Inform the FSMC in writing.

  • Overly responsive items cannot be considered

in the evaluation

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STEP 5: RECEIVE, EVALUATE AND SCORE PROPOSALS

When reviewing proposals received:

  • Rank and score proposals based only on

evaluation criteria included in specifications

  • Price must be the primary factor in RFP
  • The FSMC Scoring & Evaluation Form must be

used (in RFP document)

  • Use Form 24 as part of evaluation of proposals
  • Do not consider any additional factors the

potential FSMC may have included in their proposal – this is considered overly responsive

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SLIDE 46
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SLIDE 47

COST REIMBURSABLE FEES

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

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SLIDE 48

COST REIMBURSABLE FEES

Per Meal Management Fee

  • Per meal Fee for meals served under the

National School Lunch, School Breakfast and After School Snack Programs (as applicable) - determined by actual count

  • Per meal Fee for Meal Equivalents equals

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

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SLIDE 49

COST REIMBURSABLE FEES

Flat Management Fee

  • The SFA shall pay to the FSMC a

management Fee of (Dollar Amount) per (Week or Month) for number of (weeks

  • r months) for a total management fee
  • f (TOTAL DOLLARS) $_____________
  • The Flat Fee is a 12 month fee and will

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

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FIXED PRICE – Meal Rates

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

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GUARANTEES

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.

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SLIDE 52

CAUTION ON GUARANTEE

■ 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

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STEP 5: RECEIVE, EVALUATE AND SCORE PROPOSALS

  • Use FSMC Proposal Comparison Form #24 when evaluating

price SFA must document evaluations of proposals per the language in N.J.S.A.18A:18A-4.5(d):

  • “The purchasing agent or counsel or school business administrator shall

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

  • r vendors have been selected among others considered, and shall detail

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.”

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STEP 5: RECEIVE, EVALUATE AND SCORE PROPOSALS

The N.J.S.A.18A:18A Section 4.5(d) report must:

  • (1) List the names of all FSMCs who submitted

proposals.

  • (2) Summarize the proposals of each FSMC.
  • (3) Rank FSMCs in order of evaluation.
  • (4) Provide reasons why the winning FSMC was selected
  • ver the others.
  • (5) Detail the terms, conditions, scope of services, fees,

and other matters to be included in the contract.

  • (6) Be made available to the public 48 hours before

award of the contract, or at the time it is made available to the board of education – whichever is SOONER.

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SLIDE 55

STEP 5: RECEIVE, EVALUATE AND SCORE PROPOSALS

  • Be sure to include the historical meal

counts from Form #372 in Form #24 for your evaluation

  • Note: Specific Comparison Form for

each type of RFP - #24FP and #24CR

  • In both contracts, Form #24 must

be returned to the SA with contract

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SLIDE 57
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SLIDE 58

STEP 6: SELECT SUCCESSFUL FSMC

■ 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

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SLIDE 59

STEP 6: SELECT SUCCESSFUL FSMC

  • Unsuccessful FSMCs should be

promptly notified

  • Public/Charter schools must place a

notice in the official newspaper summarizing the award of the contract

  • Contract is awarded for a term of one

year only with the option of 4 one year renewals

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SLIDE 60

STEP 7 & 8: SUBMIT DOCUMENTS AND OBTAIN SA APPROVAL

Cost Reimbursable Contract Submission

  • Will be emailed to the SA at

DFNContracts@ag.nj.gov

  • View webinar in January 2020- RFP

Solicitation Document Completion

  • View webinar in February 2020- Cost

Reimbursable Submission and Renewals

  • Use Form #15 Checklist – SFA/FSMC Cost

Reimbursable Contract Submission Checklist

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SLIDE 61

STEP 7 & 8: SA RFP/CONTRACT SUBMISSION & APPROVAL IN ECAS for FIXED PRICE

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

  • Contract information will be entered and uploaded in

ECAS

  • SA approvals and notifications will come through the

system

  • Contracts will be tracked with a unique contract approval

number

  • Approval of renewals will continue throughout the

contract in the same manner as the base year.

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SLIDE 62

STEP 9 – SIGN THE CONTRACT TO OBTAIN FINAL APPROVAL

For CR Contracts:

  • Once Pre-Approved you will be e-mailed a

Certification Agreement Page

  • Scan and email (DFNContracts@ag.nj.gov)

signed Certification Agreement Page for Final Approval For FP Contracts:

  • Certification Agreement Page will be

available in ECAS when contract is Pre- Approved

  • Scan and upload signed Certification

Agreement Page for Final Approval

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SLIDE 63

STEP 10: MANAGING THE FSMC CONTRACT

SFA is responsible to ensure that the FSMC:

  • Complies with all federal, state and local

regulations and requirements

  • Provides meals and menus that comply with

USDA meal pattern requirements

  • Provides meal components that are

acceptable to students

  • Provides documentation for any food items

that do not meet the Buy American Provision

  • Provides all the necessary documentation for

monthly invoices

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SLIDE 64

RENEWING THE FSMC CONTRACT

After the initial contract term, the SFA can renew up to an additional 4 – one year terms if the following requirements are being met:

  • Services are being performed in an

effective and efficient manner

  • Contract terms and conditions remain the

same (no material change has or will take place)

  • Any price increase does not exceed the

quarterly index rate in effect at the time of renewal

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SLIDE 65

QUARTERLY INDEX RATE INFORMATION

■ The Quarterly Index Rate is published four times a year (January, April, July and October) ■ The index rate is posted on the NJ Department

  • f Community Affairs web site at the below link:

– http//www.state.nj.us/dca/divisions/dlgs/pr

  • grams/lpcl_docs/cur_index_rate.pdf
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SLIDE 66

PROCUREMENT RESOURCES FOR FSMC CONTRACTS

Forms in SNEARS are now broken down into the following categories: Go to SNEARS – Resources

  • 1. FSMC COST REIMBURSABLE CONTRACT REQUIRED

DOCUMENTS

  • 2. FSMC FIXED PRICE REQUIRED DOCUMENTS
  • 3. FSMC SAMPLES AND REFERENCES

*REMINDER: Form 372 will not be on SNEARS – this must be requested by email*

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SLIDE 67

OTHER RESOURCES

  • For questions, contact Emily Frank at

Emily.Frank@ag.nj.gov or 609-292-3128

  • This training will also be presented as a webinar on

December 17th, 2019

  • A recording of that webinar will be available in

SNEARS under Training Other Resources:

  • Federal Procurement Regulations (2 CFR part 200,

2 CFR 200.318-200.326)

  • Institute of Child Nutrition https://theicn.org/
  • Buy American Provision Memo (June 30, 2017 – SP

38-2017

  • NJ Public School Contract Law
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SLIDE 69

Department of Agriculture School Nutrition Programs 609-984-0692 www.nj.gov/agriculture This institution is an equal opportunity provider.

BUSINESS ADMINISTRATOR TRAINING FOR FSMC CONTRACTS

This webinar will count toward 2 hours of professional standards training:

Key Area- Operations Learning Topic- Purchasing/Procurement Topic Code - 2460

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SLIDE 70

THANK YOU FOR PARTICIPATING

Disclaimer: This presentation was provided as technical assistance to provide a general framework of the process of contracting with a

  • FSMC. SFAs are advised to review all

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.

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SLIDE 71

QUESTIONS