Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Sponsors shall procure food service management services in accordance with the
requirements of these rules, as well as with 2 CFR 200 subpart D,
7 CFR
210.21,
7 CFR
220.16,
7 CFR
226.22,
7 CFR
225.17,
7 CFR
250.31 and other applicable contracting laws.
Each sponsor shall also comply with such public contracting rules and
regulations as it may have adopted, or if a sponsor has adopted no public
contracting rules and regulations as it may have adopted, or if a sponsor has
adopted no public contracting rules and regulations, the sponsor shall comply
with the Oregon Attorney General's Model Public Contract Rules, OAR
137-047-0000 et seq.
(2) Sponsors
shall conduct procurement for food service management services in a manner as
to maximize free and open competition by issuance of Requests for Proposals.
(a) The Request for Proposal shall:
(i) Specify the scope of work
required;
(ii) Specify the criteria
which will be used to evaluate proposals, and the relative importance of each
criterion; and
(iii) Specify the
manner in which proposals will be evaluated.
(b) The RFP shall include a contract form
which is identical to the document issued by the Department pursuant to OAR
581-051-0530(3);
(c) The Sponsor
shall provide the Department with a copy of the RFP 60 days prior to
publication for review.
(d) The
Sponsor shall solicit proposals from qualified sources to permit reasonable
competition, consistent with the nature and requirements of the
procurement;
(e) The Sponsor shall
evaluate the proposals in accordance with the published criteria and shall
ensure that it has, or shall else retain, adequate technical expertise to
reasonably evaluate the proposals. The Sponsor may avail itself of technical
assistance from the Department as authorized in OAR 581-051-0530(5);
(f) The Sponsor will negotiate price and
terms with top-ranked offerors.
(g)
The Sponsor shall make award to the responsible offeror whose proposal is most
advantageous to the District;
(h)
The Sponsor shall submit the contract with the selected proposer to the
Department for review within 10 days after Board or governing body of the
District has approved the selected proposer.
(i) The sponsor shall submit the final
contract to the Department within 10 days after signature;
(j) Alternative procurement methods may be
approved by the Department.
(3) Sponsors shall not:
(a) Place any unreasonable requirement upon
proposers that would tend to exclude qualified proposers;
(b) Foster or encourage any collusion between
proposers or other noncompetitive practice;
(c) Allow any conflict of interest that is
prohibited by Oregon law;
(d) Use a
form of RFP or contract that has been provided by an FSMC in preparing the
Request for Proposal;
(e) Negotiate
with any proposer prior to evaluation of all proposals;
(f) Disclose the contents of any proposal to
another proposer until all proposals are opened and made public;
(g) Provide relevant information to only some
and not to all proposers.
(4) Exception for secondary contract. Any
Sponsor may, without Requests for Proposals, enter into an agreement with any
other Sponsor which has a valid contract for food service management, for the
provision of meals, provided that:
(a) The
subordinate Sponsor is otherwise qualified as a School Food Authority under
7 CFR
210.2;
(b) The subordinate Sponsor entered into a
written agreement for delivery of meals;
(c) The proceeds of such meals and
reimbursements are kept in segregated accounts under the management of the
subordinate Districts; and
(d) The
subordinate Sponsor fulfills the obligations of a Sponsor under OAR
581-051-0560 herein.
Statutory/Other Authority: ORS
326.051,
7 CFR
210.21,
7 CFR
220.16,
7 CFR
225.17,
7 CFR
226.22 & 2 CFR 200 subpart D
