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"). 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 1, 2022.
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 3, 2022.
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 Policy (USDA) Policy Memoranda and guidance manuals. Guidance is also located in the Document and Reference Library under the NSLP Food Service Management Company Resources tab.
If you have any questions regarding these requirements, please contact Bridget Ziniti by e-mail at Bridget.M.Ziniti@mass.gov or by calling (781) 338-6496.
Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program
Updated Guidance: Contracting with Food Service Management Companies
Contracting with Food Service Management Companies: Guidance for State Agencies
Contracting with Food Service Management Companies: Guidance for School Food Authorities
Bonding Requirements for Food Service Management Companies and Other Subcontractors
Nonprofit School Food Service Account Nonprogram Food Revenue Requirements (SP20-2016)
Guidance on Competitive Procurement Standards for Program Operators (SP12 CACFP05 SFSP09-2016)
Questions and Answers on the Transition to and Implementation of 2 CFR Part 200 (SP02 CACFP02 SFSP02-2016)
Procuring Local Meat, Poultry, Game, and Eggs for Child Nutrition Programs (SP01 CACFP01 SFSP01-2016)
Office of Management and Budget Super-Circular 2CFR Part 200 (SP30 CACFP16 SFSP18-2015)
Written Codes of Conduct and Performance of Employees Engaged in Award and Administration of Contracts (SP09 CACFP03 SFSP02-2015)
State Agency Oversight and Monitoring of School Food Authority Contracts with Food Service Management Companies (SP35-2013)
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)
Procurement Geographic Preference Q & A's — Part II (SP03 CACFP02 SFSP02-2013)
SFA-FSMC Mandatory Contract Language and Unallowable Contract Language checklist (Debarment Certificate included) Document and Reference Library under NSLP Food Service Mgmt Co Resources
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Massachusetts Department of Elementary and Secondary Education
75 Pleasant Street, Malden, MA 02148-4906
Voice: (781) 338-3000
TTY: (800) 439-2370
Disclaimer: A reference in this website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public and does not constitute endorsement or recommendation by the Massachusetts Department of Elementary and Secondary Education.