Food Purchasing System for Public Schools
Awards for Price of Product
1.01 All awards for price of product, whether
obtained by formal bids, competitive negotiations, or noncompetitive
negotiation shall be approved by the State Board of Education.
1.02 In the event an unusual set of
circumstances makes it necessary for a decision to be made between meetings of
the State Board of Education, the State Superintendent of Education is
authorized to make the decision and report at the next Board of Education
Product Identification and Brand Approval
2.01 All decisions related to product
identifications and brands to be approved shall be made by the purchasing
management committee composed of representatives of the member organizations.
2.02 The addition or deletion of
items from the request for pricing shall be made by the product
2.03 Prior to approval,
all products shall be tested in a school environment with children as the test
2.04 Member organizations,
when purchasing items covered by this contract, shall be required to utilize
only the brands approved from the specified distributor.
2.05 In the event it is necessary for a
member organization to purchase an item not on the state contract, the
organization shall be responsible for developing the identification for the
Purchasing Management Committee
3.01 The purchasing management committee
shall consist of one representative for private schools, one representative for
headstarts, one representative for superintendents of public school districts
and one representative from each geographical region of the member school
3.02 The members of the
purchasing management committee shall be elected by a majority vote of the
members of the category or region they represent.
3.03 A representative of a school district
can be nominated for a position on the purchasing management committee by
presenting the Bureau of Child Nutrition in the State Department of Education
with a letter requesting your name be placed on the ballot.
3.04 Members of the purchasing management
committee shall serve staggered three year terms, with one third of the terms
expiring each year.
expiration date of members' terms shall be June 30.
3.06 The Director of the Division of School
District Purchasing shall serve as the Executive Secretary for the Purchasing
members of the purchasing management committee shall annually elect a
3.08 During the
initial year of start up, the purchasing committee shall be appointed by the
State Board of Education. Initial appointments shall be staggered so that three
appointments expire in each of the next three years.
In the event a Member of the Purchasing
Management Committee cannot be present at a meeting of the Purchasing
Management Committee, the member can confer his vote by proxy to another member
of the Food Purchasing System under the following conditions:
(1) The member casting the proxy vote must be
a current member of the Food Purchasing System and a member of the category or
region that the Purchasing Management Committee member represents.
(2) The proxy is valid for one meeting only
and must be accompanied by a letter from the Purchasing Management Committee
member conferring the proxy status.
(3) The proxy vote is applicable only to the
items listed on the official agenda for that meeting. The agenda shall be
mailed to all members of the Purchasing Management Committee no later than one
week before the meeting of the Purchasing Management Committee. The proxy vote
will not apply to any new business presented at the meeting.
4.01 A onetime
fee shall be assessed to each organization when they choose to join the
purchasing system. The purpose of this fee is to cover the start up cost for
4.02 Annual fees shall
be assessed in amounts as necessary to cover the cost of operation for the
fiscal year. Any excess fees collected shall be utilized to cover a portion of
the cost in the next year.
basis for assessing fees shall be the meal equivalents served in the prior
4.04 An annual report of the
revenue and expenditures shall be made to the State Board of Education, and the
Board shall approve the fee structure for each fiscal year.
5.01 Vendors shall be removed from the
qualified vendor list when a response has not been received in two successive
applicable bid invitations. Removal shall be until the vendor can show reason
why they should be reinstated.
Vendors shall be removed from the qualified vendor list when a contract is
canceled at the request of the vendor. In such cases the contractor shall be
removed for the remainder of the contract period or twenty four months
whichever is greater.
shall be removed from the qualified vendor list when due to default a contract
is canceled by the State. The vendor shall be removed for not less than twenty
four months or until the vendor shows evidence that the reason for the
cancellation has been corrected.