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Bid Document Development

Federal regulations prohibit the awarding of contracts to any person or entity that develops or drafts specifications, requirements, statements of work, invitations for bids, requests for proposals, contract terms and conditions or other procurement documents. In failing to fulfill its responsibilities to draft its own specifications and procurement documents, a Sponsoring Organization which copies a list of features or evaluation and ranking criteria drafted by a potential vendor and then permits that potential vendor to submit a bid has violated federal regulation 2 CFR 200.319(b). This pertains to all child nutrition program procurements, including software acquisitions.  

Bid Procedures

Each Sponsoring Organization is required to have procurement procedures in place that reflect applicable state and local laws and regulations, provided that procurements made with Child Nutrition Programs funds adhere to the standards set forth in the federal regulations. Sponsoring Organization procedures must also include a written code of standards of conduct meeting the minimum standards of 2 CFR 200.318, as applicable.

Bid Protest

Any action that diminishes open and free competition seriously undermines the integrity of the procurement process and may subject a Sponsoring Organization to bid protests. Sponsoring Organizations are responsible for properly responding to protests and concerns raised by potential contractors. Pursuant to 2 CFR 200.318(a) and 2 CFR 200.318(k) , Each Sponsoring Organization must have protest procedures in place to handle and resolve disputes relating to their procurements and must in all instances disclose information regarding a protest to the Illinois State Board of Education Nutrition Department.

Competition

2 CFR 200.319 Competition

1. All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and § 200.320.
2. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to:
1. Placing unreasonable requirements on firms in order for them to qualify to do business;
2. Requiring unnecessary experience and excessive bonding;
3. Noncompetitive pricing practices between firms or between affiliated companies;
4. Noncompetitive contracts to consultants that are on retainer contracts;
5. Organizational conflicts of interest;
6. Specifying only a “brand name" product instead of allowing “an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and
7. Any arbitrary action in the procurement process.
3. The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
4. The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations:
1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and
2. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.
5. The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period.
6. ​Noncompetitive procurements can only be awarded in accordance with § 200.320(c).​​​
   

​2 CFR 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

1. The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:
   
   1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
   2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
   3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
   4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
   5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
   6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.​​
      

​7 CFR 200.320(c) Noncompetitive Procurement​

If necessary, sponsoring organization staff can conduct emergency purchases to continue uninterrupted food service using noncompetitive procurement methods. This type of procurement or purchase is short-term in duration, which means these contracts cannot be renewed for the following school year. Emergency noncompetitive procurement methods are a standing flexibility and do not require a waiver.

If utilized, the sponsoring organization can award the purchase without requesting bids from multiple suppliers. We recommend negotiating a reasonable price, if possible.

When experiencing difficulties with obtaining the products you need/want, you can look at alternative emergency procurement options:

• Purchase from a grocery store, wholesale/bulk food supplier, local business – you should still attempt to get the best prices you can, but we understand with limited time and resources SOs will do their best.
• Purchase produce from local farmers or farm cooperatives.
• If you had multiple distributors and some dropped you and some are still delivering, see what other products the one(s) still delivering to you have and can provide to you. Discuss with them what they have and what they could get if you ordered enough of it and gave enough lead time.
• Supplies: If you are having trouble getting supplies you need like disposable trays look into different color trays that are not as popular but available, look into bags, boxes, etc.
  

2 CFR 200.313

During administrative reviews required by 7 CFR Parts 225 & 226 and procurement audits as required by 2 CFR 200.501, ISBE will review equipment purchases, ensuring  purchases were made based on either the approved equipment list or the ISBE prior approval process.  If equipment purchase(s) are deemed unallowable during any audit or review process, ISBE may disallow the purchase(s) and require the Sponsoring Organization to replenish the non-profit account as appropriate.

Costs associated with remediation or repair to the facility (i.e. plumbing, heating, air conditioning, construction, etc) that would add to the permanent value of the facility are unallowable. These costs should be borne by the Sponsoring Organization's general fund.

• Purchasing Equipment Process Overview
• ISBE Pre-Approved Equipment List
• Equipment Purchase Attestation Form  (for equipment purchased on the pre-approved list)
• Equipment Purchase Request Form  (for equipment purchased NOT on the pre-approved list)

The purchase of equipment must follow local, state, and federal procurement rules and regulations. For more information visit our General Procurement website for more procurement resources including:

• Procurement resources
• Procurement rules, regulations and Q&As
• Other general procurement requirements
• Procurement Method Fact Sheets​​
  

Federal regulations require procurements to be conducted in a manner that allows for free and open competition. Therefore, a Sponsoring Organization cannot impose geographic restrictions on potential bidders, with one exception. Geographic preference may only be applied to the procurement of unprocessed agricultural products which are locally grown and locally raised, and that have not been cooked, seasoned, canned, or combined with any other products. De minimis handling and preparation are allowable in order to present an agricultural product to a Sponsoring Organization in a useable form as long as the product retains its inherent character. Handling and preservation techniques that are permissible include: cooling, refrigerating, freezing, washing, packaging (such as putting eggs in a carton), vacuum packing and bagging (such as placing vegetables in a bag), drying/dehydration, applying high water pressure or “cold pasteurization", butchering livestock, fish and poultry, pasteurizing milk, and adjusting the size through size reduction made by peeling, chopping, cutting, slicing, dicing, grinding, and shucking.

While a geographic preference may be used to encourage the purchase of locally grown and locally raised products by enabling Sponsoring Organizations to grant an advantage to local growers, this provision does not eliminate the requirement for procurements to be conducted in a manner that allows for free and open competition as noted previously. In addition, while Sponsoring Organizations are permitted to apply a geographic preference for the procurement of locally grown and locally raised unprocessed agricultural products, Sponsoring Organizations are not required to do so. The Sponsoring Organization has the discretion to determine whether and how a geographic preference meets its needs, but must keep in mind that for all procurements, whether formal or informal, bids/quotes must be obtained from a minimum of three prospective vendors.

USDA POLICIES AND RESOURCES

• Applying Geographic Preference in Procurements for the Child Nutrition Programs
• Procurement Geographic Preference Questions and Answers
• Procurement Geographic Preferences Questions and Answers Part II
• Geographic Preference Fact Sheet​
  

• Costs paid from the nonprofit food service account are necessary, reasonable, allocable, and otherwise allowable per 2 CFR 200.403 and the applicable cost principles in 2 CFR 200, subpart E.
• Procurements are conducted in a manner maximizing full and open competition consistent with federal procurement standards in 2 CFR 200.318-.326 and in applicable Program regulations.

Failure to competitively procure goods and services is a violation of federal regulations and may result in delays, disputes, findings of noncompliance, and costs being disallowed.

USDA POLICIES AND RESOURCES

• USDA Clarification on Group Purchasing Organizations
• Q&A: Purchasing Goods and Services Using Cooperative Agreements, Agents, and Third-Party Services
• Procurement of Foods: Cooperative Purchasing Groups​
  

A material change is defined as a change that, had other bidders/proposers known of the change at the time of they submitted their responses, would have caused them to bid/propose differently. 2 CFR 200.324(b)(5) identifies that when a contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold (currently set at $250,000), the SO must make available upon request for review, procurement documents such as requests for proposals or invitations for bids, and/or independent cost estimates. The State Agency (ISBE) must then determine if the amendment is approved for a one-year renewal, or if a re-solicitation is required at the end of the current contract period. State or local acquisition thresholds may be more restrictive, and that the most restrictive threshold applies.

All amendments must be documented, reviewed, and approved by the State agency (ISBE) prior to execution 2 CFR 210.16(a)(10) to ensure that the SO has not made a material change to the contract and has incorporated all State agency required changes into the amendment. No modification or amendment to this contract shall become valid unless it is made in writing, signed by all parties, and receives prior approval by the State agency (ISBE). Regulations governing procurement in the SFSP & CACFP, require State agencies to review contracts (and supporting documentation) prior to the execution (i.e. prior to signature) of the contract to ensure that contracts containing unallowable terms and conditions and amendments that may be material in nature are removed prior to the contract being executed. Unallowable costs shall not be paid from the nonprofit food service account.

Some amendments to contracts that may be considered material and thus require a re-solicitation include:

• Adding other SFAs/SOs, or unaffiliated schools (to include new schools to be constructed within the SFA/SO during the contract duration and potential contract renewals) not included in the original solicitation.
• Adding more Child Nutrition Programs not included in the original solicitation and contract.
• Changing a fixed price/meal fee for management and/or administration, or a fixed price/meal fee tied to a standard index, such as the Consumer Price index, without a price adjustment clause.
• Adding the requirement for the Vendor/ Food Service Management Company to cover the cost of labor, or to transition the cost of labor from the SO to the Vendor/ Food Service Management Company without a provision in the original solicitation and contract that includes the labor transition with specifics for how this will occur.
• Adding requirements for the Vendor/ Food Service Management Company to purchase/invest in equipment, point of service system, or remodel/renovate facilities for the SO that were not planned, specified, or included in the original solicitation and contract.
• Changing the value of a guaranteed return, or failure to achieve a breakeven status, or qualifying these by limits in relation to the value of the administrative/management fee(s).
  
  • Any guaranteed return promised by the Vendor/ Food Service Management Company must remain in the nonprofit food service account. If the contract contains such guarantees, the contract should also contain language that ensures that the Vendor/ Food Service Management Company bears responsibility for failure to meet those goals. Returns cannot be contingent upon multi-year contracts as Vendor/ Food Service Management Company contracts are for one year with the option for up to four one-year renewals. If the option for renewal is to be considered each year, the best practice is to specify in the original solicitation the SOs expectations of the guarantee for each renewal year option, if changes in the guarantee will be allowed.

While this list is not exclusive of changes SOs and Vendors/ Food Service Management Company’s often consider during a contract renewal option, these changes are amendments to the contract, not a contract renewal. Therefore, State agency (ISBE) and SO staff must take great caution not to approve contract amendments when these changes should be re-solicited. Contract renewals are extensions of the original contract based on the terms and conditions of the original solicitation; contract amendments that change the scope of the contract or exceed the value of the Simplified Acquisition Threshold (valued at $250,000), are subject to approval by the State agency (ISBE) or FNS (USDA).

The primary contracting methods used by the federal government are micro-purchasing, small purchase, and competitive sealed bidding.

When procuring goods and services for the Child Nutrition Programs, a Sponsoring Organization must determine whether they must use an informal or formal procurement method. It is important to understand and then identify which method best meets the needs of your individual food service operation. Informal procurement occurs when a Sponsoring Organization's purchases fall at or below the federal, state, or local small purchase threshold (whichever is more restrictive). The informal procurement method is commonly referred to as procurement under the small purchase threshold or simplified acquisitions. Although this method is permitted when the amount of a purchase falls at or below the most restrictive small purchase threshold, a Sponsoring Organization could choose to use the formal procurement method (see below for more information) rather than the informal procurement method.

INFORMAL

• Micro-purchasing: Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed $ 10,000.
  
  • Micro-purchases may be awarded without soliciting competitive price or rate quotations, if the Program Operator considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. (2 CFR 200.320(a)(1)(ii))
  • Should distribute micro-purchases equitably among qualified suppliers.
  • Simple purchase.
  • Maintain all documents on file for potential audit purposes.
  • Per USDA guidance “Updates to the Federal Micro-Purchase Threshold in 2 CFR 200.320(a)(1)  SP 02-2022​,” program operators have the discretion to utilize the micro-purchase method of procurement for purchase up to $50,000 if specific criteria are met. Please note that in Illinois public schools this option is not applicable to Food Service Management Company (FSMC) contracts. All FSMC contracts estimated at $25,000 or greater must be formally procured utilizing the three-step process described on our website.
  • Government-wide regulations at 2 CFR 200.320(a)(l)(iii) now provide that program operators are “responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk and its documented procurement procedures.”  To assist, please complete the “Increased Micro-Purchase Threshold Worksheet ” and maintain on file.
• Small purchase: Procurement by small purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed $ 250,000 (or a lower amount as required by local/district board policy). Also known as simplified acquisition or informal purchase.
  
  • In applying the small purchase threshold, the Sponsoring Organization must adhere to the most restrictive, lowest limit set.
  • Develop a written purchase description of the services/items being solicited;
  • Solicit quotes/bids from three or more potential vendors based on the purchase description; document vendor names along with the date and method of contact - be sure to maintain free and open competition;
    
  • Record all quotes/bids received and any notification received from vendors declining to bid;
  • Evaluate the quotes for conformance to the purchase description;
  • Award the purchase/contract (record the justification for the award); and
  • Maintain all documents on file for potential audit purposes.

FORMAL

• Competitive Sealed Bid/ Invitation for Bid (IFB): When the value of the purchase is expected to exceed the small purchase threshold of $250,000 (or a lower amount as required by local/district board policy), Sponsoring Organizations must use the competitive sealed bid/invitation for bid method.
  The $250,000 amount is determined by examining the manner in which food has been purchased in the past. If using vendors that supply only one particular type of product, such as bread, milk, or meat, the competitive bid process must be implemented when the annual amount of purchases is in excess of $250,000 per type of product. 
  When multiple vendors, such as full-line vendors, supply various items such as canned, frozen, and dry goods, the total annual purchase amount for all the vendors must be added together. If this amount is in excess of $250,000 annually, the food must be competitively bid.
• Competitive Sealed Bidding (2 CFR 200.320 ( c ) are bids that are publicly solicited, and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. Also known as Invitation for Bid (IFB).
• Sealed Bids must be directly solicited to at least five (5) known suppliers
• Providing suppliers sufficient response time prior to the date set for public opening of the bids, for all Organizations,
• The invitation for bid must be publicly advertised for at least 10 days before the bid date.
• The invitation for bid, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond
• All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly
• A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder
• Any or all bids may be rejected if there is a sound documented reason.

PROCUREMENT PROCEDURES

Each Sponsoring Organization is required to have its own documented procurement procedures in place that reflect applicable state and local laws and regulations, provided that procurements made with Child Nutrition Program funds adhere to the standards set forth in 2 CFR 200.318(a).

• The Sponsoring Organization must have oversight procedures and documentation.
• The Sponsoring Organization must have written standards of conduct covering conflicts of interest that prohibit officers, employees and agents from soliciting or accepting gratuities, favors or anything of monetary value from contractors or parties of subcontracts.
• The procedures must avoid acquisition of unnecessary or duplicate items.
• The Sponsoring Organization must award contracts only to responsible contractors.
• The Sponsoring Organization must maintain records sufficient to detail the history of the procurement.
• Sponsoring Organization must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold, including contract modifications.
• Sponsoring Organization must take steps to assure that small, minority and women's businesses enterprises and labor surplus firms are used when possible.

USDA POLICIES AND RESOURCES

• SP02-2016; CACFP02-2016; SFSP02-2016: Questions and Answers on the Transition to and Implementation of 2 CFR Part 200
• SP02-2022 CACFP 03-2022 SFSP 01-2022: Updates to the Federal Micro-Purchase Threshold in 2 CFR 200.320(a)(1)
• SP20 CACFP07 SFSP06-2019: Federal Micro-Purchase and Simplified Acquisition Thresholds
• SP04 SFSP01 CACFP04-2018: Market Basket Analysis Memo​
  

LOCAL

• Sponsoring Organizations may set more restrictive purchasing thresholds per board/local policy and documented in written procurement procedures.

STATE

• 105  ILCS 5/10-20.21: The Illinois Public School Code on Contracts

FEDERAL

• 2 CFR 200: Uniform Administrative requirements, Cost Principles and Audit Requirements for Federal Awards
• 7 CFR Part 225: Summer Food Service Program
• 7 CFR Part 226​: Child and Adult Care Food Program

USDA POLICIES AND RESOURCES

• SP/CACFP/SFSP 02-2010: Procurement Questions
• USDA Processing Memo FD-40 Value Pass Through Methods
• USDA Procurement Regulations​​
  

Sponsoring Organizations (SO’s) are required to adhere to a three-step submission and review process to ensure compliance with all federal and state regulations and statutes when soliciting a FSMC and/or Vended Meals Contract. All documents must be accompanied by the appropriate submission form as follows.

Depending on a variety of factors, SOs should allow for ample time to research and determine what they want their meal programs to look like, draft their solicitation documents, complete Step 1 below, conduct their solicitation process, and then complete Steps 2 and 3 below.

Required forms, other template forms, and helpful procurement resources are available on this webpage. SOs can also reach out to our procurement staff at cacfp_sfspcontracts@isbe.net​ or (800) 545-7892.

STEP 1

• Complete and submit the following documents to ISBE Nutrition Procurement staff.
  
  • Step 1 Submission Form​
    
  • All solicitation documents (solicitation main document and all exhibits)
• ISBE procurement staff will provide written notification to the SO authorizing the SO to begin the solicitation process.
• Allow a minimum of 30 calendar days for ISBE to review.

STEP 2

• Following the bid opening and prior to the contract award, submit the following documents to ISBE Nutrition procurement staff.
  
  • Pre-Contract Award Summary Sheet
  • IFB Criteria Analysis Sheet
• ISBE procurement staff will provide written notification that the SO may proceed with the contract award.
• Allow a minimum of 30 calendar days for ISBE to review.

STEP 3

• Upon completion of the contract award, complete and submit the following form along with the required documentation listed on the form to ISBE Nutrition procurement staff.
  
  • Post Contract Award Sheet​
    

​If your contract for vended meal services will NOT be in excess of $250,000 annually, you may use informal bidding procedures to procure the meal services contract.

The following steps must be part of the informal bidding procedures:

• Develop a written purchase description of the services/items being solicited using the Informal Contract Template; ​
  1. CACFP Informal Small Purchase Agreement​​
     OR
  2. SFSP Informal Food Service Agreement​
• Solicit quotes/bids from all the vendors recorded on the List of Known Vendors in CACFP/SFSP;
• Complete the solicitation tracking log;
• Record all quotes/bids received and any notification received from vendors declining to bid/quote on the Statement of No Bid/Proposal​;
• Evaluate the quotes for conformance to the Request for Quote and Contract;
• Award the purchase/contract (record the justification for the award).
• Submit copies of the following signed documents. Retain originals in SFA file.
  
  1. Informal Post-Contract Award Summary Sheet
  2. Signed Contract
     
  3. Exhibit A - Site Data Form​
     
  4. Applicable Schedule B's
     
  • ​Schedule B - Breakfast
    
  • Schedule B - Lunch/Supper
    
  • Schedule B - Snack
    
  5. All applicable contract certification forms
  • If the estimated contract cost is $25,000 or more, include this form. This form must be signed by the contractor and submitted with all bids: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions
  • If the estimated contract cost is over $100,000, include these forms as well as the Certification Regarding Debarment form above. These forms must be signed by the contractor and submitted with all bids: Certificate Regarding Lobbying - Contracts, Grants, Loans and Cooperative Agreement​  & Disclosure of Lobbying Activities​ (if applicable)
    
  6. Solicitation Tracking Log
     
  7. Statement of No Bid/Proposal​
     
  8. Completed Bidder Responsibility and Responsiveness Criteria
     

These documents will be kept on file for potential audit purposes. In addition, submission of these documents to our office will be required as part of the approval process for your application for participation in the School Nutrition Programs.​​​​​​​​​​​

The prototype Invitation for Bid and Contract is for use by a Sponsoring Organization (SO) initiating a new contract with a meal vendor to provide meal services for the Child Nutrition Programs. The document, provided by the Illinois State Board of Education Nutrition Department, will assist the SO in obtaining competitive bids and awarding the contract to the responsible bidder whose bid is responsive and lowest in price.

The prototype provided below should be used for formal vended meal contracts only. In a vended meals contract, the contractor provides the meals only, which are generally pre-packaged/pre-plated meals, and does not manage any aspect of the school food service or employ any of the food service personnel. However, if the contractor’s employees are responsible for the management of the program and/or the final preparation and/or serving of the pre-packaged/pre-plated school meals, the contract becomes a food service management company contract and is no longer considered a vended meals contract. If that is the case, you need to use the Invitation for Bid and Contract Prototype for FSMC Contracts —Vended Meals (Pre-packaged/Pre-plated).

If you are not sure which type of contract you have or you are considering contracting for the first time, please contact the Nutrition Department’s procurement team for further information and clarification at (800) 545-7892.

To ensure continued funding and compliance with federal and state regulations and statutes regarding procurement, it is extremely important for you to download and read the instructions thoroughly prior to downloading the contract prototype.

• Step 1 Submission Form
• IFB Prototype for Vended Meals Contract - Update Coming Soon!
1. CACFP Formal Invitation for Bid (IFB) Template (includes instructions)
   
2. SFSP Formal Invitation for Bid (IFB) Template​
   
• SFSP IFB Instructions ​
  
• Additional forms and resources.
1. Exhibit A - Site Data Form​
   
2. Schedule B - Menus
   
• ​Schedule B - Breakfast
  
• Schedule B - Lunch/Supper
  
• Schedule B - Snack​
3. Certification Forms
   • Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions
   • Certificate Regarding Lobbying - Contracts, Grants, Loans and Cooperative Agreement​
     • Disclosure of Lobbying Activities​ (if applicable)
       
4. Public Notice of Solicitation- Newspaper Sample
5. Addenda/Addendum/Amendment/Q&A Template
6. Sign in Sheets Template
7. Solicitation Tracking Log
8. Statement of No Bid/No Proposal​​​​
   

Sponsoring Organizations (SO’s) must ensure vended meals contract language indicates the duration of the contract is no longer than one year. Additionally, options for yearly renewal of a contract must not exceed four additional one-year extensions. Since the decision to renew the contract is an affirmative decision made by both parties to the contract each year, either party, for any reason, may decide not to exercise the renewal option. If the contract is not renewed, the SO must either conduct a new procurement or self-operate its food service.

The basis for renewing the contract, including price increase provisions, if any, must be stated in the contract and be based on a measurable index such as the Consumer Price Index for All Urban Consumers . Sponsoring Organizations should ensure that price increases are within the terms of the contract. These documents are updated annually at the start of the new calendar year.

• Contract Renewal Letter​
  
• Contract Renewal Form​
• USDA Foods Entitlement Tracking Log​(only applicable for select SFSP programs)
• Contract Certification Forms: These forms must be used for all contract renewals with a vended meal company and may not be altered without permission from the Illinois State Board of Education Nutrition Department.
  • If the estimated contract cost is $25,000 or more, include this form. This form must be signed by the contractor and submitted with all bids and annual contract renewals:
  • Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions
• If the estimated contract cost is over $100,000, include these forms as well as the Certification Regarding Debarment form above. These forms must be signed by the contractor and submitted with all bids and annual contract renewals:
• Certificate Regarding Lobbying - Contracts, Grants, Loans and Cooperative Agreement
• ​Disclosure of Lobbying Activities (if applicable)

A copy of the executed renewal along with all applicable contract certification forms must be submitted prior to the approval of your program participation for each fiscal year. Renewals may be mailed, faxed, or emailed to:

Mail: Nutrition Department, Procurement
Illinois State Board of Education
100 N. First St. W270
Springfield, IL 62777-0001
Email:cacfp_sfspcontracts@isbe.net
Fax: (217) 524-6124​​​​

Sponsoring organizations have the option to re-bid the vended meal contract at any time. Neither party may make or impose material changes to an existing contract during the contract year or as part of the annual contract renewal process. If it is determined that material or substantive changes are necessary, the SO must conduct a new procurement and re-bid the contract or may choose to self-operate its food service.

Circumstances which require an SO to re-bid the contract include:

• Expiration of the existing contract and renewals; and/or
• Addition of a program, such as the After-School Supper Program.

In addition, examples of material or substantive changes which could require the SO to re-bid the contract include:

• The scope of the contract has substantially changed;
• Major changes to the formula for determining meal equivalency;
• Major shift in responsibilities for SO/Vendor staff; and/or
• Revision to the fixed-price contract pricing structure and/or terms for price increases becomes necessary.

Finally, the SO should re-bid the contract if the existing contractor has not fulfilled the contract to the SO's satisfaction.

Sponsoring organizations are required to meet state and local procurement regulations that conform to federal procurement and program regulations when developing the bid solicitation and awarding the contract. Regarding the procurement process, SOs cannot include contract provisions that restrict competition or prevent companies from bidding on the meal services.​​