ECAS Commercial Vendor Meal Contract · Web viewActive procurement MUST take place before entering...

ECAS Commercial Vendor Meal Contract

Contents1.Commercial Vendor Contracts1Objectives1What is a Commercial Vendor Contract?2A Commercial Vendor Cannot:2SFA Requirements:2Procurement3Formula32.Contract Term4Objectives4Contract Term5Base Year Contracts5Contract Renewal (Addendums)63.Submit Commercial Vendor Contract7Objectives7Submit a Commercial Vendor Contract in ECAS8Background8ECAS Homepage Review9A.Header Menu9B.My Account10C.I Want To:10D.Contracts Menu10E.Contract Type11F.Learn More12G.Continue121. Vendor/Info Contract Span Details122. Contract Info153. Charges for the Vended Meals Provided204. List of Schools (Sites) Receiving Vended Meals225. Upload Supporting Procurement Documents234.After Contract Submittal27Objectives27After Contract Submittal28State Agency Does Not Approve Contract28State Agency Approves Contract305.References & Resources32Federal Funds Procurement Selection Chart33Meal Pattern Links for Vended Meal Procurement Document Preparation34SNEARS Vended Meal Documents35

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Section

1

1. Commercial Vendor ContractsObjectives

After completing this chapter, you will be able to:

· Describe a Commercial Vendor Contract

· Identify what Commercial Vendors are not permitted to do for the SFA

· Explain the responsibilities of the SFA in the Commercial Vendor Contract

What is a Commercial Vendor Contract?

A Commercial Vendor Contract is a contract between a School Food Authority (SFA) (this can be a private, public or charter school or school district) and a commercial vendor, which is an enterprise that provides complete reimbursable meals, with or without milk; school breakfast, lunch, snack or "At Risk" dinner programs.

A Commercial Vendor Cannot:

· Provide employees on-site at the SFA to make final meal preparation.

· Provide employees on-site at the SFA to serve meals.

· Manage any aspect of the school food service program.

SFA Requirements:

· Proper procurement regulations must be followed.

· Active procurement MUST take place before entering any information into ECAS.

· Contract information and required forms must be entered and uploaded in the state agency ECAS system.

· Once the contract is reviewed and pre-approved by the state agency, the signature page of the contract must be signed by the Administrator/Business Administrator of the SFA and the Vendor and uploaded using ECAS. The contract is then available for download and a hard copy must be printed to provide to the vendor and retain on file. This printed version will have the Stage Agency approval ID number.

· When the signature page is uploaded and the contract is certified, the State Agency will then review for final approval.

· A Final Contract can be printed in ECAS with a state agency Approval ID number.

Procurement

There are two procurement methods, formal and informal. The decision to follow a formal or informal procurement process depends on the total cost of the contract purchase and if the School Food Authority (SFA) is a public or non-public school.

https://www24.state.nj.us/agriculture/AG_SNEARS/Resources/Form%20358%20Federal%20Funds%20Procurement%20Method%20Selection%20Chart_07.2017.pdf

Formula

No. of serving days in the school year

Estimated No. of meals per day

Current meal cost per meal (or) snack

This calculation must be completed separately for each meal type offered then added to determine the total cost of the contract.

After the procurement process, this information will then need to be entered into ECAS. ECAS will review your entries for accuracy and notify you of any errors.

Section

2

2. Contract TermObjectives


· Describe Base Year term options for a Vendor Contract

· Explain how renewal (addendums) work for a Vendor Contract

Contract TermBase Year Contracts

There are two options for the vended meal base year contract duration.

Term

Examples

A 12-month year

4 additional one year renewal (addendums) allowed

· July 1, 2018 to June 30, 2019

A multi-year period

· Cannot exceed a term of 3 years

· The SFA must certify their meal charges in ECAS at the end of every year.

· The meal charges must remain the same for the entire base year span.

· The same applies to the multi addendum year contracts.

· One or two-year renewal (addendums) are allowed (5-year cap)

· July 1, 2018 to June 30, 2020 (2yrs)

· July 1, 2018 to June 30, 2021 (3yrs)

Contract Renewal (Addendums)

SFAs have the option to renew the base year contract or to start the procurement process again to secure a new base year commercial vendor contract.

Four requirements must be met when renewing a contract.

· Each renewal shall be awarded by resolution of the SFA upon a finding that the services are being performed in an effective and efficient manner.

· The contract shall not be renewed or extended so that it runs for more than a total of five consecutive years. After year five, the SFA needs to establish a new base year.

· Any price changes included as part of the renewal shall be based on the price of the original contract as cumulatively adjusted pursuant to any previous adjustment of the renewal and shall not exceed the change in the Index Rate (as defined in Public Schools Contract Law, N.J.S.A. 18A:18A-1 et seq.) for the 12 months preceding the most recent quarterly calculation available at the time the contract is renewed.(ECAS will contain this calculation.)

· The terms and conditions of the contract shall remain substantially the same. [N.J.S.A. 18A:18A-42].

If the original contract term was for a . . .

Then the SFA can have . . .

One-year period

· 4 one-year addendums

· This approach follows the traditional federal framework for food service contracts

OR

· 2 two-year addendums

Multi-year period

(more than 12 months but less than 3 years)

· The multi-year provision allows extensions

If the base year was . . .

SFA can have . . .

2 years

· Three 1-year addendums, or

· One 2-year + one 1-year addendum

3 years

· Two 1-year addendums, or

· One 2-year addendum

Section

3

3. Submit Commercial Vendor Contract Objectives


· Submit a Commercial Vendor Contract in ECAS

Submit a Commercial Vendor Contract in ECASBackground

The SFA must complete the procurement process referencing all procurement resources to ensure proper procurement procedures.

The SFA also must review sample contract and required support documentation/forms to successfully complete process in ECAS.

After you submit the contract, the state will either Pre-Approve or Non-Approve the contract.

The following workflow is an overview of the contract submittal process:

(Contract errors are noted in the Comments section of each screen, Resubmit only the non-approved sections)

1. Vendor Info/Contract span details

2. Contract Info

3. Charges for the meals provided

4. List of all schools (sites) receiving vended meals

State

Pre-Approves the contract

5. Sign & initial then upload the signature page

5. Upload Supporting Documents

State

Final Approval

SFA must print a copy and retain on file

State Agency Non-Approval – Errors in contract must be corrected for resubmission

(OR)

6. SFA certifies the contract

ECAS Homepage Review

The ECAS Contracts Home page appears after you sign on to ECAS.

Review the following items on the Contracts Home screen.

A. Header Menu

B. My Account

C. I want to:

D. Contracts Menu

E. Contract Type

F. Learn More

G. Continue

A. Header Menu

The header menu contains the following links to take you back to:

· NJ Portal

· SNEARS Home

· Messages and Memos

· Logout

B. My Account

My Account gives your Account Details:

· Name

· Email

· Role

· My Reviewer

C. I Want To:

I Want To: gives you the ability to view and print contract submittal procedure instructions.

D. Contracts Menu

The Contracts Menu gives you access to different contract options and identifies the option you are viewing by highlighting the title.

From the example above, you can see that you are viewing the Contracts Home.

E. Contract Type

The Contracts Menu displays the four contract types.

· FSMC Contracts

· Commercial Vendor Contracts

· SFA – SFA Vended Meal Contracts

· Consolidation Agreements

Each Contract Type contains an identifying heading.

F. Learn More

Learn More describes the contract type and requirements.

G. Continue

You will click Continue to Commercial Vendor Contracts when you want to start submitting your contract.

Next, we will move on to submitting a Commercial Vendor Contract.

1. Vendor/Info Contract Span Details

1. Click Continue to Commercial Vendor Contracts.

Result: The Commercial Vendor Contracts Summary page appears.

This page displays all the contracts that you have submitted.

2. Click Add New Base Year Contract to begin the contract submittal process.

Your contract will appear in the Summary when you submit the fist page of the conract, Vendor Info.

If you are a SFA user having access to more than one SFA, select the SFA that you wish to work on.

If you are a single SFA user your information will come up automatically.

Result: Commercial Vendor Contract Form #233 appears

3. Select a commercial vendor from the drop-down list.

The highlighted section of the progress bar identifies where you are in the contract submittal process.

If the vendor you have awarded the contract to does not appear in the drop down selection, you must click on the link “Not finding your Commercial Vendor” and enter the required information. The State Agency will then review the status of that vendor. The contract cannot be submitted for review until the vendor submits the required information to the State Agency.

If the vendor you have selected is listed with the State Agency, then the commercial vendor name, address, city, state and zip code will auto-populate.

4. Complete the contact information.

2. Contract Info

5. Enter the Contract Details, and click Submit and Continue.

The base contract can range from one to three years in length.

ECAS will review your entries for accuracy and notify you of errors.

Correct the error under Contract Span by selecting the span that matches your Start and End Date.

If you entered the incorrect End Date, correct it and choose the matching Contract Span.

Board Meeting Date must be before the contract Start Date. The contract must have board approval prior to submission into ECAS.

Result: The second Contract Info page appears.

6. Identify Meal Requirements.

7. Identify Milk Requirements.

SFA must follow proper procurement procedures for purchasing milk when purchasing separately.

8. Identify Menu options.

If you skip a field, ECAS will identify your error

9. Identify Delivery options.

10. Identify Packaging options.

11. Choose a Record Keeping option.

12. Select a Billing option and click Submit and Continue.

Use Save when you are not done entering the page or contact and plan to return.

Use Save and Continue when you have finished entering the page data.

3. Charges for the Vended Meals Provided

13. Calculate meal charges by entering details into the Charges fields and click Submit and Continue.

Enter Breakfast Charges

On this screen, you will see options for meals you selected on the Contract Info-Meal Requirements Screen.

If you see wrong meals on the Charges screen, return to Contract info to make corrections.

A few schools charge different prices (Hot & Cold) for the same meals.

Enter Lunch Charges, and click Submit and Continue.

Result: The Exhibit A page appears.

4. List of Schools (Sites) Receiving Vended Meals

14. Complete the required information for schools receiving meals, and click Submit and Continue.

Use this Add button is to add another site receiving vended meals.

Use Add New Site to add a new site that is not listed in the drop down.

5. Upload Supporting Procurement Documents

15. Identify if your SFA has a Qualifying Purchasing Agent (QPA).

A QPA is established through a registration and examination process with the NJ DOE.

16. Select Procurement Process.

· Formal

· Informal

What determines the decision to use the formal or informal procurement process?

Remember that the Formal Procurement Process cutoff for a public school Commercial Vendor contract with QPA is $40,000.00.

You do not want to see this message! Forecast and estimate before the bidding process begins.

Review:

Total Estimated Cost with QPA

Procurement Process

Below $40,000.00

Informal

At or above $40,000.00

Formal

Selecting the Formal Procurement Process displays options to upload procurement documents.

17. Scan & Upload Affidavit of Publication or copy of published notice.

All sample procurement related documents are available in SNEARS Resources for reference.

Use this format when entering file Descriptions:

SFA Name – Document Name

Examples:

Anytown BOE – Form #240

18. Scan & Upload Form #240 (Record of Bids Received)

19. If necessary, scan and upload additional supporting documents, and click Submit & Continue. If selecting informal process, need to upload scanned copy of the RFP solicitation document and obtain a minimum of 3 quotes.

If you are not able to proceed from this screen, scroll to the top to see your error messages.

20. Review Commercial Vendor Info

Certify contract information, and click Submit for State Approval.

If you do not check “I certify” and click Submit for State Approval, the State Agency (SA) will not know that you entered your contract into ECAS.

It is like writing an e-mail and not sending it.

Result: A success message will appear.

Section

4

4. After Contract SubmittalObjectives


· Describe the Commercial Vendor Contract review and update process

After Contract Submittal

The state agency will review your contract in ECAS and either pre-approve or not-approve your contract.

You will receive an e-mail message, If the state agency does or does not approve a portion of your contract or the entire contract.

State Agency Does Not Approve Contract

1. Review the e-mail that you received from the state agency.

2. Sign back into ECAS and look for your contract.

Re-submit Contract will appear in the Next Steps column.

3. Review each page of your contract for notes.

The top of each page will display its review status.

Fix pages that display Not Approved.

Reviewer comments appear at the bottom of Not Approved pages.

4. Correctly edit the rejected page.

5. Continue to the Certification page and recertify.

State Agency Approves Contract

The state agency will send you a message indicating the approval of your contract and instruct you to print your Commercial Vendor Contract and Contract Signature Page.

1. Review the e-mail that you received from the state agency.

2. Print your Commercial Vendor Contract and Contract Signature Page.

3. Share your Commercial Vendor Contract with your vendor for review.

4. Sign your Contract Signature Page and have the vendor sign it too.

5. Scan your signed Contract Signature Page.

6. Sign in to ECAS and locate your vendor contract.

Upload Signed Contract will appear in the Next Steps column.

7. Use the Next button at the bottom of each page to navigate to the Contract Signature Page.

8. Upload your signed Contract Signature Page and click Submit for State Agency final approval.

Result: A success message will appear. Print two copies of the final State Agency approved contract. One copy for the Commercial Vendor and one for the SFA.

Section

5

5. References & Resources

The following items are contained in this section:

· Federal Funds Procurement Selection Chart

· Meal Pattern Links for Vended Meal Procurement Document Preparation

· SNEARS Vended Meal Documents

Federal Funds Procurement Selection Chart

This file is also available on SNEARS at https://www24.state.nj.us/agriculture/AG_SNEARS/Resources/Form%20358%20Federal%20Funds%20Procurement%20Method%20Selection%20Chart_07.2017.pdf

Meal Pattern Links for Vended Meal Procurement Document Preparation

National School Lunch Program

5 Day Week Lunch Meal Pattern

http://www.nj.gov/agriculture/divisions/fn/pdf/form198.pdf







School Breakfast Program

5 Day Week Breakfast Meal Pattern

http://www.nj.gov/agriculture/applic/forms/form91.pdf







After School Snack Program


At Risk “Dinner”

https://www.fns.usda.gov/sites/default/files/cacfp/CACFP_childmealpattern.pdf

SNEARS Vended Meal Documents

Procurement Resource from NFSMI

Disclosure of Investments in Iran (Form 39)

Commercial Vending Delivery Ticket (Form 45)

SFA to SFA Vended Meal Contract FY 2018 (Form 56)

Agreement for Consolidating School Meals (Form 72)

Certificate Regarding Debarment (Form 130)

Certification of Independent Price Determination (Form 131)

Disclosure of Lobbying Activities (Form 132)

Certification Regarding Lobbying (Form 133)

Commercial Vendor Contract/Addendum Fact Sheet (Form 187)

Commercial Vendor RFP Scoring SAMPLE (Form 222)

SFA/Commercial Vendor CONTRACT (Form 233)

Commercial Vendor RFP Specifications (Form 238)

Commercial Vended Meals Record of RFP/IFB (Form 240)

SAMPLE RFP Letter for Commercial Vended School Meals (Form 245)

SAMPLE Letter to Commercial Vendors Who Did Not Respond to RFP (Form 246)

Commercial Vendor Evaluation Criteria Form SAMPLE (Form 247)

RFP Commercial Vended Meals Documentation Log (Form 251)

SAMPLE Board Minutes for Award/Renewal Commercial Vended Meals (Form 258)

Commercial Vendor RFP Scoring EXAMPLE (Form 259)

Sample Legal Notice for RFP for a Commercial Vendor FY 2018 (Form 296)

SFA to SFA Using USDA Foods - Sample Monthly Invoice (Form 321)

Commercial Vendor Evaluation Criteria EXAMPLE (Form 322)

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