EFC - Procurement Procedures and Code of Conduct

Procurement Procedures and Code of Conduct 

School Nutrition Program

A. General Procurement

  1. All procurement transactions will comply with Federal, State and Local procurement regulations. 


  1. The procurement procedures outlined in this plan are designed to maximize full and open competition, transparency in transactions, comparability, and documentation of all procurement activities.


  1. The Acton School Department will avoid purchasing unnecessary or duplicative items.


  1. The procurement of food will be compliant with the Buy American Provision as outlined in 7 CFR 210.21.


  1. For purchases up to $250,000, Acton School Department will use informal procurement procedures as outlined below. 


  1. For purchases over $250,000, Acton School Department will use formal procurement procedures as required by 2 CFR 200.318 - 200.326. 


  1. The Acton School Department will take steps to assure that small, minority and women’s businesses and labor surplus firms are used when possible. 

B. Informal Procurement


  1. Micro-purchase Procedures - When purchasing an item or items with an aggregate total of $50,000 or less, the Acton School Department will follow micro-purchase procedures.  To the extent practicable, the Acton School Department will distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded if the price is considered reasonable as required by 2 CFR 200.67. 


  1. Small Purchase Procedures - If the amount of purchases for items is less than $250,000 the following small purchase procedures can be used: 

    1. Quotes will be requested from an adequate number of qualified sources.

    2. Written specifications will be prepared and shared with potential vendors.

    3. Potential vendors will be given an opportunity to provide a price quote on the same specifications. 

    4. The price quotes will be kept confidential before award.

    5. Quotes will be awarded to the most responsive and responsible vendor with price being the primary consideration.

    6. The Acton School Department will be responsible for documentation of records to show selection of vendors, reasons for selection, Acton School Departments of all vendors contacted, price quotes from each vendor, and written specifications.  If the Acton School Department awards to a vendor that is not the lowest price quote which met the specifications, a written explanation must be documented as to why.

    7. Bids will be awarded to a responsive and responsible bidder with the lowest price. 

    8. The Acton School Department will sign all quote tabulations, signifying a review and approval of the selections. Documentation will be retained for three years.

C. Formal Procurement


When a formal procurement method is required, Acton School Department must solicit through a Invitation for Bid (IFB) or a Request for Proposal (RFP) 


  1. A solicitation of an IFB or a RFP will be placed in a public news publication in order to publicize the intent to purchase needed items. The solicitation will include:

  • general description of goods/services to be purchased;

  • contact information where potential vendors can get more information/bid packet;

  • date of pre-bid meeting (if applicable) and if attendance is a requirement for bid award; 

  • deadline for submission of sealed bids or proposals.

  • time and location of bid opening


  1. Vendors will be given an opportunity to bid on the same specifications.


  1. The developer of written specifications or descriptions for procurements is prohibited from submitting bids or proposals for such products or services.


  1. The IFB or RFP will clearly define the purchase conditions. The following list includes requirements, not exclusive, to be addressed in the procurement document:

  • Contract period;

  • For IFB only, the date, time, and location of the public opening;

  • How vendor is to be informed of bid acceptance or rejection;

  • Delivery schedule;

  • Requirements (terms and conditions) that bidder must fulfill in order for bid to be evaluated;

  • Benefits to which the SFA will be entitled if the contractor cannot or will not perform as required;

  • Statement assuring positive efforts will be made to involve minority and small business;

  • Statement regarding the return of purchase incentives, discounts, rebates, and credits to the SFA’s nonprofit school food service account;

  • Contract provisions as required in Appendix II to 2 CFR 200;

  • Contract provisions as required in 7 CFR 210.21(f) for all cost reimbursable contracts;

  • Contract provisions as required in 7 CFR 210.16(a)(1-10) and 7 CFR 250.53 for food service management company contracts;

  • For fixed-price contracts, a price adjustment clause (tied to a standard index, i.e., consumer price index, or other as stated in terms and conditions for pricing and price adjustments);

  • Method of evaluation and type of contract to be awarded (solicitations using an IFB are awarded to the lowest responsive and responsible bidder; solicitations using a RFP are awarded to the most advantageous bidder/offeror with price as the primary factor among factors considered);

  • Method of award announcement and effective date;

  • Method of shipment or delivery upon contract award;

  • Provision requiring contractor to maintain all required records for three years after final payment and all other pending matters (audits) are closed for all negotiated contracts

  • Description of process for enabling vendors to receive or pick up orders upon contract award;

  • Signed Debarment/Suspension Certificate;

  • “Buy American” as outlined in 7 CFR Part 210.21(d) and SP 24-2016; and

  • Specifications and estimated quantities of products and services prepared by Acton School Department and provided to potential contractors desiring to submit bids/proposals for the products or services requested.

  1. The following criteria will be used in awarding contracts as a result of bids/proposals. Price must be the highest weighted criteria. Examples of other possible criteria include quality, service, delivery, and availability.

1. Price

2. 

3. 

4. 


  1. In awarding a RFP, a set of award criteria in the form of a weighted evaluation sheet will be provided to each bidder in the initial bid document materials.  Price alone is not the sole basis for award but remains the primary consideration among all factors when awarding a contract.  Following evaluation and negotiations, a firm fixed price or cost reimbursable contract is awarded.

  • The contracts will be awarded to the responsible bidder/proposer whose bid or proposal is responsive to the invitation and is most advantageous to the Acton School Department, price as the primary and other factors considered. Any and all bids or proposals may be rejected in accordance with the law.

  • A representative of Acton School Department is required to sign on the bid tabulation of competitive sealed bids or the evaluation criterion score sheet of competitive proposals signifying a review and approval of the selections.

  • Substitutions – if an item is not available, the Acton School Department will select the acceptable alternative. The contractor must inform the Acton School Department if a product is not available. In the event a nondomestic agricultural product is to be provided to the Acton School Department, the contractor must obtain, in advance, written approval for the product. The vendor must comply with the Buy American Provision. 

  • Full documentation regarding the reason an accepted item was unavailable, and the procedure used in determining acceptable alternates, will be available for audit and review. 

  • The Acton School Department is responsible for maintaining all procurement documentation.



  1. Additional SFA Responsibilities:

The Acton School Department shall agree to retain all books, records, and other documents relative to the award of the contract for three (3) years after final payment. If there are audit findings that have not been resolved, the records shall be retained beyond the 3-year period as long as required for the resolution of the issues raised by the audit. Specifically, the Acton School Department shall maintain, at a minimum, the following documents:

  • a copy of the original solicitation;

  • the selection of contract type (fixed/cost-reimbursable); 

  • pre-bid meeting attendance logs (if applicable);

  • the basis for vendor selection;

  • the basis for award cost or price;

  • the terms and conditions of the contract;

  • billing and payment records;


  1. Code of Conduct


No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal, State, or local award if he or she has a real or apparent conflict of interest.  Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of the Acton School Department may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.  However, the Acton School Department may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.

The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Acton School Department.  Based on the severity of the infraction, the penalties could include a written reprimand to their personnel file, a suspension with or without pay, or termination. 

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In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English.  Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s Acton School Department, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted 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. 20250-9410; or

(2)       fax:

            (833) 256-1665 or (202) 690-7442; or

(3)       email:
            program.intake@usda.gov

This institution is an equal opportunity provider.

(Federal statement updated 5/18/2022)

The Maine Human Rights Act prohibits discrimination because of race, color, sex, sexual orientation, age, physical or mental disability, genetic information, religion, ancestry or national origin.

Complaints of discrimination must be filed at the office of the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333-0051. If you wish to file a discrimination complaint electronically, visit the Human Rights Commission website at https://www.maine.gov/mhrc/file/instructions and complete an intake questionnaire. Maine is an equal opportunity provider and employer.

Reference:  EFC-R  Nutrition Code of Conduct Procedure

Adopted: December 8, 2022