APRIL 13-16, 2016 Procurement Planning Procedures and Ethics
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1 APRIL 13-16, 2016 Procurement Planning Procedures and Ethics THESE MATERIALS HAVE BEEN PREPARED BY (California Department of Education) THEY HAVE NOT BEEN REVIEWED BY STATE CASBO FOR APPROVAL, SO THEREFORE ARE NOT AN OFFICIAL STATEMENT OF CASBO
2 Today s Presentation At the end of this session, you will have a basic understanding of: Minimum requirements for a procurement plan with a code of conduct and procurement procedures Steps to develop or refine a code of conduct and procurement procedure Benefits of procurement procedures and a code of conduct Pitfalls of unethical conduct 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 2
3 Basic Responsibilities of Program Operators Fully reviewing and understanding state and federal laws and regulations applicable to code of conduct and procurement procedures Correctly implementing state and federal laws and regulations Title 2, Code of Federal Regulations (2 CFR), Sections (a) and (c)(1) 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 3
4 Procurement Plan Your procurement plan includes two equally important components Written procurement procedures Written code of conduct 2 CFR Section (a) 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 4
5 What are the Benefits of Having Procurement Procedures? ACCOUNTABILITY Ensure procurement transactions are in compliance with state and federal law and regulation Ensure that taxpayer dollars are not wasted Protect your employees 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 5
6 What Exactly is a Procurement Procedure? A procurement procedure is a written document that describes how your organization will conduct procurement transactions in accordance with federal, state, local, and tribal laws and regulations. 2 CFR, Section [a] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 6
7 What is in a Procurement Procedure? Requirements for contractor performance that is in accordance with terms, conditions, and specifications of their contract Standards to ensure that there is no acquisition of unnecessary or duplicate goods or services 2 CFR [b][d] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 7
8 What is in a Procurement Procedure? Requirements for analysis of each procurement to determine the most economical approach Instructions that all solicitations include a clear description of the requirements for the material, product, or service to be procured Steps on how to use a brand name or equivalent description in solicitations 2 CFR ; 2 CFR [c][1]; 2 CFR [a][6] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 8
9 What is in a Procurement Procedure? Identification in the solicitation of all obligations that the firms must fulfill and factors that will be used to evaluate bids or proposals Consideration of intergovernmental, cooperative procurements Consideration of small, minority, women-owned, and labor surplus area businesses 2 CFR [c][2]; 2 CFR [e]; 2CFR CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 9
10 What is in a Procurement Procedure? Consideration of purchasing government surplus property in lieu of purchasing new equipment Processes for the settlement of all protests or other issues arising out of procurement Procurement methods used, including sealed bids, competitive negotiation, small purchases, micro-purchases, and non-competitive negotiation 2 CFR [f]; 2 CFR [5]; 2 CFR [c][d] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 10
11 What is in a Procurement Procedure? A method to consider which contract provisions are required by federal regulations A requirement that contractors submit bonds when responding to formal solicitations 2 CFR ; 2 CFR CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 11
12 What is in a Procurement Procedure? Consideration of all applicable certifications A method to consider a contractor s involvement in the development of specifications, bid documents and contracts Identification of any discounts, rebates and/or credits 2 CFR Appendix II; 2 CFR [a]; 7 CFR [f][iv] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 12
13 What is in a Procurement Procedure? Identification of firms that have been suspended and/or debarred from entering into a Debarment Identification of procedures for geographic preference 2 CFR, Appendix II, Section [H]; 7 CFR [g] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 13
14 What is in a Procurement Procedure? It must also include: The Buy American Provision: Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 added a new provision requiring SFAs to purchase, to the maximum extent practicable, domestic commodity or products. 7 CFR (d)(1-3); USDA Policy Memo SP CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 14
15 What is an American Product? An agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. USDA Policy Memo SP CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 15
16 What is Substantially? Substantially means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 16
17 Next Steps Ask yourself: Does my district have a written procurement procedure? If no, develop a procurement procedure If yes, does the procurement procedure include all the required elements or do I need to make revisions? 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 17
18 REMEMBER Train employees Have the Procurement Procedures approved by the governing board, if needed 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 18
19 Conflict of Interest 2 CFR Section [c][1-2] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 19
20 What Exactly is a Code of Conduct? A code of conduct is a written policy governing the ethical conduct and actions of employees engaged in the selection, award, and administration of contracts. 2 CFR [c][1] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 20
21 What is a Contract? A contract is a legal instrument used by participating districts to purchase the goods or services needed to complete a project or program under a federal award. It includes specifications, terms of payment, delivery dates, and effective dates. 2 CFR CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 21
22 What are the Benefits of Having a Code of Conduct? Protect your district s reputation Protect your employees 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 22
23 What is in a Code of Conduct? The code of conduct must prohibit: An employee, officer, or agent from participating in the selection, award, or administration of a contract if they have a real or apparent conflict of interest An employee, officer, or agent from soliciting or accepting gratuities, favors, or anything of monetary value from a contractor or subcontractors 2 CFR [c][1]; 2 CFR CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 23
24 What is in a Code of Conduct? The code of conduct must define: The monetary threshold for gifts and gratuities The disciplinary actions for violating the code of conduct What constitutes a conflict of interest, including an organizational conflict of interest 2 CFR [c][1]; 2 CFR CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 24
25 What is in a Code of Conduct? The code of conduct must identify: The positions that are subject to the Conflict of Interest Code The circumstances under which identified positions must disqualify themselves from using, or participating in the using of their position to influence the making of an district decision Conflict of Interest Code, GC Section CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 25
26 What is in a Code of Conduct? The code of code also must include requirements: Specific positions provide statements of financial interests that may result in a conflict of interest Individuals resigning from an identified position to file a statement within 30 days of resigning that they did not participate in making, or benefit by making, any district decision Conflict of Interest Code, GC Section CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 26
27 What Actions are Allowable? The following scenarios may or may not be allowable according to your code of conduct CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 27
28 Allowable? A vendor tells you there is a special on whole grain-rich dinner rolls. He states that the rolls meet the USDA whole grain-rich criteria. The rolls will only be offered at a special price on Thursday. To receive the special price, you will need to attend a luncheon hosted by the vendor and purchase the rolls during this time CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 28
29 Attending supplier-hosted lunches, dinners, or business organization meetings is acceptable as long as there is no obligation to do business with the host supplier as a result of attendance. 2 CFR Section (c)(1) 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 29
30 Allowable? You are conducting a small purchase procurement, and send out a written solicitation that has respondent instructions that state vendors should ask questions in writing and that those questions and their answers will be provided to all respondents. A vendor calls your desk phone and asks questions and says I need a competitive edge, and if you can help me, I will send a gift box of wine and cheese to your home CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 30
31 Acceptance or solicitation of gifts for personal gain may be considered unethical. Refer to your code for what can be considered of monetary value. Remember, an apparent conflict of interest is just as damaging as a real one. 2 CFR [c][1] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 31
32 Allowable? You work in a position that is not subject to the code of conduct, and a vendor that provides your district s copier paper sends a greeting card every Christmas. You put it on your cubicle wall to share it with the rest of the supply room staff CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 32
33 If your district s code of conduct clearly states your position is not designated and identifies that the Christmas greeting card is not a gratuity or does not have monetary value, and since it is unsolicited, keep it! 2 CFR [c][1] 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 33
34 Next Steps Check to see if your district has a code of conduct: If no, develop a code of conduct If yes, does the code of conduct have the required elements, or do I need to make revisions? 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 34
35 REMEMBER Train identified staff on the policies in the code of conduct Have your code of conduct approved by the governing board, if needed Provide forms to report gifts, gratuities, and potential conflicts of interest occurring before the designated employees resignation 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 35
36 California Department of Education, Management Bulletin CNP Written Codes of Conduct and Performance of Employees Engaged in the Procurement, Award, and Administration of Contracts California Department of Education, Procurement in School Nutrition Website: US Department of Agriculture School Meals Policy Website: CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 36
37 Resources Procurement Procedures Title 2, Code of Federal Regulations, Section (a) Code of Conduct Title 2, Code of Federal Regulations, Section (c)(1) Conflict of Interest California Government Code, Section Code=GOV&division=&title=9.&part=&chapter=7.&article= CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 37
38 Questions 2016 CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 38
39 Debbie Reeves (916) This institution is an equal opportunity provider CASBO ANNUAL CONFERENCE & CALFORNIA SCHOOL BUSINESS EXPO 39
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