Food and Nutrition Programs

Food Service Management Company Contract Procedures School Year 2015-2016

To:	School Districts Contracting with Food Service Management Companies
From:	Kathleen C. Millett, Executive Director Nutrition, Health & Safety
Date:	March 2015

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 the "Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Programs" which was published in the Federal Register on October 31, 2007 and the "Management of Donated Foods in Child Nutrition Programs" which was published in the Federal Register on August 8, 2008. 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 ESE's Mandatory Contract Language and Unallowable Contract language checklist. ESE's Mandatory Contract Language and Unallowable Contract Language checklist must indicate pages and sections of mandatory language. The Certification of Compliance with Codes of Conduct, the last page of the checklist, must be completed by an authorized representative of the SFA. The deadline for submission is April 10, 2015. 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 the 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 12, 2015. Failure to obtain MA ESE approval prior to contract execution for contracts, new and extensions, shall result in all expenses deemed unallowable related to the SFA-FSMC contract until MA ESE approval is received. If you have any questions regarding these requirements, please contact Bridget Ziniti by e-mail at bziniti@doe.mass.edu or by calling (781) 338-6496. Links to relative documents are listed below:

Procurement

Procurement Questions and Answers to Assist in the Implementation of the final rule titled Nutrition Standards in the National School Lunch and School Breakfast Programs

Procurement Questions Relevant to the Buy American Provision

Procurement Questions

Reminder: Procurement Requirements for the National School Lunch,
School Breakfast and Special Milk Programs

Prototype language for applying discounts and rebates

Allowability of Procurement Fees

Final Rule, Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Programs

School Districts and Federal Procurement Regulations

Geographic Preference

Procurement Geographic Preference Q&As - Part II

Procurement Geographic Preference Q&A's

Geographic Preference for the Procurement of Unprocessed
Agricultural Products in the Child Nutrition Programs

FNS Farm to School Website, Email, and Site Visits

Applying Geographic Preferences in Procurements for the Child Nutrition Programs - Updates

Procurement and Applying Geographic Preference

Donated Foods

Guidance in Crediting for, and Use of, Donated Foods in Contracts with Food Service Management Companies (FD-080 dated January 25, 2011)

Clarification in Crediting for, and Use of, Donated Foods in Contracts with Food Service Management Companies-First and Final Contract Years (FD-110 dated January 25, 2011)

Further Clarification in Crediting for, and use of, Donated Foods in Contracts with Food Service Management Companies

Guidance in Crediting for, and Use of, Donated Foods in Contracts with Food Service Management Companies

Last Updated: March 13, 2015