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Procurement Plan, Profile, & Code of Conduct

Procurement Plan

The procurement plan is a formal, written document that outlines how a school division or community organization (sponsor) will purchase goods and services in compliance with federal, state, and local regulations. School divisions must have a procurement plan. Use the VDOE-SCNP Procurement Plan Template!

Procurement Profile

A sponsor’s procurement profile describes the organizational details, program participation, and operational information. Use the VDOE-SCNP Procurement Profile Template!

Code of Conduct

The code of conduct governs the performance of employees engaged in procurement. All sponsors must maintain a written code of conduct covering conflicts of interest and governing the actions of their employees engaged in the selection, award, and administration of contracts. The written code of conduct may be included in the written procurement policy or may be maintained in a separate policy. Use the VDOE-SCNP Code of Conduct Template!

Product Planning

Forecasting and clear product specifications play a big role in effective product planning for Child Nutrition Programs. Forecasting helps predict student participation and menu demand so sponsors can order accurately. Detailed product specifications ensure that items meet nutritional standards, operational needs, and other important details. Together, they support consistent menu quality, cost control, and smooth kitchen operations. 

Forecasting

Sponsors must forecast the quantity of foods, products, and/or services needed by estimating the usage based on historical information from menus, production records, participation, and the number of operating days. Forecasting helps ensure financial success by minimizing overestimating and underestimating quantities. It takes into consideration the food service needs for the future and helps determine the procurement method the sponsor must use. 

Forecasting also allows manufacturers and distributors to prepare responses to bids/proposals, order product (if awarded the contract), and deliver available products to meet the terms, conditions, specifications, and requirements of the sponsor. 

Forecasting Considerations
  • Purchase history 
  • Meals and service types 
  • Grade levels 
  • Cost
  • Locally available items and seasonality
  • USDA Foods 
  • Current inventory 
  • Storage, equipment, staff capacity 
  • Menu, frequency, recipe changes 
  • Product availability 
  • Food safety 
  • Student preferences
Tools to Assist with Forecasting
  • Average Daily Participation (ADP) for the school/site for each meal 
  • School calendar (note holidays, no school dates, enrollment) 
  • Production records 
  • Vendor velocity reports 
  • Cycle menus 
  • Inventory reports 
  • USDA Foods and local foods availability 
  • Previous bid documents 
  • USDA Food Buying Guide (FBG) 

Writing Specifications

A specification is a concise statement of a set of requirements to be satisfied by a product, material, and/or process. Write a clear specification. The clearer the specification, the more likely you will receive the anticipated product. Specifications are used by sponsors to identify a specific product in the procurement process and as a key component in the award criteria of the procurement. Review the VDOE-SCNP Specification Components, Local & Geographic Preference, and Considerations resource for more guidance.

USDA Foods

The USDA Foods in Schools program supports domestic nutrition programs and American agricultural producers through purchases of 100% American-grown and -produced foods for use by schools and institutions participating in the National School Lunch Program (NSLP), the Child and Adult Care Food Program (CACFP), and the Summer Food Service Program (SFSP). In Virginia, USDA Foods are distributed through the Virginia Department of Agriculture and Consumer Services. Virginia’s Food Distribution program manages the distribution of USDA foods in the form of brown box, further processed foods, and the Department of Defense (DOD) fresh produce and assists sponsors in maximizing entitlement dollars.

Buy American

The 2024 final rule codified the Buy American provisions that require school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodities or products. The Buy American provisions include non-domestic food purchase thresholds for SFAs, regulatory exceptions, and an accommodation process that provides SFAs temporary relief from the thresholds. Domestic products are defined as food products processed in the U.S. using agricultural commodities that are over 51% domestically grown (Section 12(n)(1) of the National School Lunch Act7 CFR 210.21(d)(1)(i), and 7 CFR 220.16(d)(1)(i)).  

Buy American Tracker

SFAs must:  

  • Use the Buy American Exceptions Tracking Tool to track their use of the regulatory exceptions.  
  • Items found on the Federal Acquisitions Regulations (FAR) list at 48 CFR 25.104 must be counted toward the threshold on non-domestic purchases.  
  • Maintain documentation to demonstrate that when using an exception, their non-domestic food purchases do not exceed the thresholds.  
Non-Domestic Food Purchase Thresholds

Non-domestic food purchases must not exceed the total school year’s food cost by the following thresholds:  

  • Non-domestic food purchases must not exceed 10% by July 1, 2025.  
  • Non-domestic food purchases must not exceed 8% by July 1, 2028.  
  • Non-domestic food purchases must not exceed 5% by July 1, 2031.

Exceptions

The final rule codifies the two circumstances when SFAs can purchase non-domestic foods:  

  • The product is listed in the FAR list and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of satisfactory quality.  
  • Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

Non-domestic food purchases must:  

Accommodation Plans

So long as the USDA grants state agencies the allowance to do so, the Buy American Accommodation Plan provides temporary relief for SFAs that demonstrate they cannot meet the thresholds for non-domestic food purchases. Approved Plans allow SFAs to exceed the non-domestic food purchases threshold for the respective school year. SFAs must demonstrate they are unable to meet the threshold, and the Accommodation Plan must qualify under one or more of the regulatory exceptions detailed in the Buy American Exceptions section above. SFAs must maintain documentation of any use of the temporary accommodation for three years plus the current school year.  

How to Submit an Accommodation Plan Request

SFAs seeking temporary accommodation must complete and submit the SFA Accommodation Plan to SNPPolicy@doe.virginia.gov. Accommodation Plans can be submitted at any time during the school year and VDOE-SCNP will review them on a rolling basis. The VDOE-SCNP will provide continual technical assistance to support SFAs in meeting the Buy American requirements.