Procurement. TASN June 23, Presented by: Jackie Cantu, Compliance Coordinator Elizabeth Gonzales, Commodity Operations Director

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1 Procurement TASN June 23, 2015 Presented by: Jackie Cantu, Compliance Coordinator Elizabeth Gonzales, Commodity Operations Director

2 Acknowledgment Statement 2 You understand and acknowledge that: the training you are about to take does not cover the entire scope of the program; and that you are responsible for knowing and understanding all handbooks, manuals, alerts, notices and guidance, as well as any other forms of communication that provide further guidance, clarification or instruction on operating the program.

3 Procurement Resources 3 (TDA Food and Nutrition) Administrative Reference Manual (ARM) (National Food Service Management Institute) Online courses Procurement in the 21 st century

4 Class Outline 4 Background Phases of the Procurement Process Procurement Methods Record Keeping Summary

5 Acronyms 5 SNP School Nutrition Programs CE Contracting Entity FSMC Food Service Management Company IFB Invitation for Bid OMB Office of Management and Budget RFP Request for Proposal TDA USDA United States Department of Agriculture

6 Objectives 6 By the end of the training you should be able to list the components of good procurement; locate where procurement regulations are found; list and explain the phases of the procurement process; and identify the five procurement methods and explain when each is used.

7 Background

8 Procurement- is a multi-step process for obtaining goods, products, and/or services in exchange for money or value.

9 Why Procure? Accountability to taxpayers Higher quality goods and services for a lower price

10 Components of good procurement Free and Open Competition Fairness and Integrity Transparency Responsive and Responsible

11 11

12 Procurement Regulations 7 CFR Parts 3016 and 3019 OMB Circulars (A-21, A- 50, A-87, A-89, A-102, A-110, A-122 and A-133) 12 Super-Circular 2 CFR 200

13 Phases of Procurement Process

14 Phases of Procurement Process Manage Award Solicit Planning

15 Solicit Award Planning Manage Procurement Plan 15

16 What is needed and when Revenue and cost 1 Planning

17 2 Solicit 17 Provide detailed specifications Use appropriate procurement method Clearly describe deliverables

18 Selection of responsive and responsible contractors. Pre-award 3 Award reviews. 18

19 Effective contract 4 Manage 19 administration provides the CE with regular feedback on contractor performance.

20 Procurement Plan 1. Identifies each action in a proposed procurement. 20

21 Procurement Methods

22 Procurement Methods Informal Formal Small Purchase Procedures 2. Micro-Purchases 1. Competitive Sealed Bidding 2. Competitive Proposals 3. Noncompetitive Proposals

23 Greater than Must use a formal procurement method Simplified Acquisition Threshold ($50,000) May use an informal procurement method Less than or equal 23

24 Q) A CE is making food purchases with an aggregate cost of $50,000. Should they use an informal or formal procurement method? 24

25 A) May use an informal procurement method. 25

26 Q) A CE is in a state that has a simplified acquisition threshold of $50,000, and a local threshold of $25,000, yet the Federal threshold is $150,000. Which simplified threshold must the CE use? 26

27 A) The local simplified acquisition threshold of $25,

28 Informal Procurement Micro-Purchases Defined in 2 CFR Part Aggregate dollar amount does not exceed $3000 Must distribute equitably among qualified suppliers 28

29 Informal Procurement Small Purchase Procedures Develop written specifications Price quotes from at least 3 vendors Award contract Document all procedures 29

30 30 Competitive Sealed Bidding Responsive bids Complete differ only in price. specifications. More than one qualified source Negotiation not willing and able to used. compete. Formal Procurement

31 31 RFP Competitive Proposals Proposal Source Contract selection Formal Procurement

32 1: When a single bid or offer received. 2: More than one bid/offer received but none responsive. Use of Noncompetitive Proposals 3: Public exigency or 4: Sole source procurement. emergency.

33 Record Keeping

34 Record Retention Five year record retention: Final contract renewal period has expired or final payment is recorded. Bid protests, litigation, or audits may extend retention period. 34

35 Examples of records to keep Written rationale for method of procurement RFP or IFB Selection of contract type Bidding and negotiation history Basis for contractor selection TDA approval to support lack of competition when bids are not obtained 35 Contract Texas Department of changes Agriculture

36 State Agency Review 36

37 Summary

38 Procurement Plan and Code of Conduct Below the simplified acquisition threshold Informal Above the simplified acquisition threshold Formal Micro-purchase threshold (< $3,000) Advertise, obtain & document quotes Develop solicitation documents (specifications, estimated quantities, terms/conditions/ provisions/evaluation criteria) Evaluate & Award Develop solicitation documents (IFB,RFP)(specifications, estimated quantities, terms/conditions/provisions/ evaluation criteria) Publicly publish solicitation Evaluate & Award Fixed price or cost-reimbursable contract Contract Administration/Performance Management Process

39 Acknowledgment Statement 39 You understand and acknowledge that: the training you have completed does not cover the entire scope of the program; and that you are responsible for knowing and understanding all handbooks, manuals, alerts, notices and guidance, as well as any other forms of communication that provide further guidance, clarification or instruction on operating the program.

40 The s Food and Nutrition Division is funded by the U.S. Department of Agriculture, Food and Nutrition Service. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C ; (2) fax: (202) ; or (3) program.intake@usda.gov. 40 This institution is an equal opportunity provider.

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