School Food Authorities (SFA's) contracting with a Food Service Management Company (FSMC) and exercising their option to renew an existing contract 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 exercising the option to renew an existing FSMC contract in compliance with National School Lunch Program (NSLP) regulations with a previously approved contract by the Department of Elementary and Secondary Education (DESE) Office for Food and Nutrition Programs (FNP) may do so by submitting the following:
All documents should be emailed to Bridget Ziniti with copies to Julianna Valcour and Jeannie Anthony by June 3, 2023. For renewal contract year 2023-2024, SFAs should plan to utilize their own renewal documents.
Reminders:All SFA's procuring a new contract are required to utilize the DESE FSMC RFP/Contract Template beginning SY 2023-2024. As mentioned in previous guidance, the completed RFP section of the template must be submitted, for approval from our office to the Compliance Packet prior to posting. Upon completion of the procurement process, the mutually agreed upon unsigned contract portion of the Contract Template must be submitted, for approval from our office to the Compliance Packet.
FNP will phase in a Contract Renewal Template for use by SFAs upon implementation of the DESE FSMC RFP/Contract Template.
Failure to obtain MA DESE 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 refer to the NSLP – Food Service Management Company and NSLP – Procurement tabs of the Document and Reference Library within the DESE Security Portal for additional information.
If you have any questions regarding these requirements, please contact:
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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
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