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Nutrition, Health and Safety Logo

Office for Food and Nutrition Programs

Food Service Management Company Contract Procedures SY 2017-18

To:School Districts Contracting with Food Service Management Companies
From:Robert M. Leshin, Director
Office for Food and Nutrition Programs
Date:January 27, 2017

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School Food Authorities (SFA's) planning to contract with a Food Service Management Company (FSMC) or exercising their option to renew an existing contract with a FSMC must follow procurement standards specified in 7CFR §210.21 as well as Program and Uniform Administrative regulations set forth in 2CFR Part 200 (referred to as the "Super Circular").

SFA's procuring for a new contract must submit to the Department of Elementary and Secondary Education (ESE) their unexecuted contract and supporting documentation to the contract, including the Request for Proposal (RFP) or Invitation for Bid (IFB). These documents must be accompanied by MA DESE's SFA-FSMC Mandatory Contract Language and Unallowable Contract Language checklist (the "checklist") Download MS WORD Document. The checklist must be completed in its entirety by an authorized representative of the SFA. Mandatory contract language must be found as indicated in the checklist in order for the contract to be approved. The deadline for submission is April 7, 2017.

SFA's exercising an option to renew an existing contract — in compliance with National School Lunch Program regulations and previously approved by ESE — may do so by submitting their unexecuted contract amendment and applicable attachments. Attachments will include Certificates of Lobbying and Debarment as well as any attachments referenced in the contract amendment. The deadline for submission is June 2, 2017.

Failure to obtain MA ESE approval prior to contract execution for both new and extension contracts shall result in all expenses deemed unallowable related to the SFA-FSMC contract. Regulations under 7CFR §210.21(c)(3) state that 'no expenditure shall be made from the nonprofit school food service account for any cost resulting from a procurement failing to meet the requirements of 7CFR §210.21'.

Please see page two of this memorandum for links to United States Department of Agriculture (USDA) Policy Memoranda. Also visit the Document and Reference Library of the security portal for two new USDA manuals, "Contracting with Food Service Management Companies: Guidance for School Food Authorities" and "Contracting with Food Service Management Companies: Guidance for State Agencies".

If you have any questions regarding these requirements, please contact Bridget Ziniti by email at bziniti@doe.mass.edu or by calling (781) 338-6496.

View External Link
Nonprofit School Food Service Account Nonprogram Food Revenue Requirements (SP20-2016)
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Guidance on Competitive Procurement Standards for Program Operators (SP12 CACFP05 SFSP09-2016)
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Questions and Answers on the Transition to and Implementation of 2CFR Part 200 (SP02 CACFP02 SFSP02-2016)
View External Link
Procuring Local Meat, Poultry, Game, and Eggs for Child Nutrition Programs (SP01 CACFP01 SFSP01-2016)
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Office of Management and Budget Super-Circular 2CFR Part 200 (SP30 CACFP16 SFSP18-2015)
View External Link
Written Codes of Conduct and Performance of Employees Engaged in Award and Administration of Contracts (SP09 CACFP03 SFSP02-2015)
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State Agency Oversight and Monitoring of School Food Authority Contracts with Food Service Management Companies (SP35-2013)
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Guidance Reaffirming the Requirement that State agencies and School Food Authorities Periodically Review Food Service Management Company Cost Reimbursable Contracts and Contracts Associated with USDA Foods (SP23-2013)
View External Link
Procurement Geographic Preference Q & A's — Part II (SP 03 CACFP02 SFSP02-2013)

 
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions
*See Document and Reference Library*

Download MS WORD Document
SFA-FSMC Mandatory Contract Language and Unallowable Contract Language checklist



Last Updated: January 27, 2017
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