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 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)
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
RFP/Contract Approval Process *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 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
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
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 15 th , 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 on 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 29 th , 2020
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 15 th , 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 29 th , 2020
***ATTENTION*** PLEASE NOTE: If RFP Solicitation Documents are not submitted by April 15 th , 2020, this WILL delay the Approval process. IF CONTRACTS ARE NOT SUBMITTED FOR PRE-APPROVAL BY THE MAY 29 th , 2020 DEADLINE, YOUR JUNE REIMBURSEMENT WILL BE PUT ON HOLD.
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
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
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.
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.
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 of 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 operation.**
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.1 st 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
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
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
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 operating statement are allowable as it is inherent to the FP Contract
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’
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
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.)
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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