Check List for Food Service Management Contracts with SFA’s

The contract contains language that:

______1. Confirms the SFA’s responsibility to ensure that the food service operation is in conformance with the SFA’s agreement under the program 210.16(a)(2).

______2. Ensures the SFA retains signature authority for agreement with the State agency to participate in the NSLP, SBP, and SMP, free and reduced price policy statement, and monthly claim.

______3. Reaffirms the SFA’s responsibility for USDA donated foods sole use to benefit the SFA’s nonprofit school food service. Including the method of determining the value of donated foods used in crediting and the frequency by which crediting will occur as required by 7 CFR 250.53 (a)(2).

______4. Confirms the SFA’s responsibility to maintain all applicable health certifications and requires management company to have State or local health certifications.

______5. Confirm SFA’s responsibility for monitoring the food service operation through periodic on-site visits to ensure FSMC is meeting its responsibilities in the management of the program and adhering to the terms and conditions of the contract. (conduct reviews)

______6. Ensures records must be made available for all reviews upon request for the purpose of making audit, examinations, excerpts, and transcriptions. (If an audit occurs, retain records 3 years after audit).

______7. Reaffirms the SFA’s responsibility to establish and maintain an advisory board made up of parents, teachers, and students to assist in menu planning.

______8. Specify that in order to offer a la carte food service, the food management company must offer free, reduced price and full price reimbursable meals to all eligible children.

______9. Must include a 21-day cycle menu developed in accordance with the meal pattern requirements including the Alabama Nutrition Policy.

______10. The 21-day cycle must be maintained for the first 21 days with changes made thereafter approved by the SFA.

______11. SFA retains the responsibility for control of quality.

______12. SFA to provide food specifications for each food component or participate in the state wide procurement.

______13. A provision to the effect that no payment is to be made for meals that are spoiled or unwholesome at the time of delivery.

______14. Prohibit a cost-plus percentage of cost pricing or cost plus a percentage of income.

______15. SFA retain control of the nonprofit school food service account and overall financial responsibility.

______16. Reaffirms that the SFA establishes all prices, including price adjustments.

______17. Ensure that the food management company maintains records that the SFA will need to support claims for reimbursement and make available monthly to the SFA.

______18. Ensure that the food management company reports the daily number of meals served by type.

______19. The food management adheres to the record retention requirements.

______20. Breach of contract provision must be included.

______21. Identify beginning and end date to ensure that the contract between the SFA and food management company is no longer than 1 year in duration. Options for renewal may not exceed 4 additional 1 year extensions.

______22. Must contain a termination clause whereby either party may cancel with 60-day notification.

______23.Contain the most current:

______23a. Civil Rights

______23b. Energy Policy and Conservation Act

______23c. Debarment, Suspension, Ineligibility and Voluntary Exclusion clauses.

______24. Contain language identifying how the FSMC will show each discount, rebate, and other applicable credit on bills and invoices presented to SFA for payment and requiring the return of any rebates, discounts, and applicable credits.

______25. A food service management company employee may perform in various aspects of the free and reduced application process, certification and verification but ultimately it is responsibility of the SFA to ensure all requirements for the free and reduced price policy are being met.

______26. It is the SFA’s responsibility to write the specifications for the request for proposal or invitation for bid and cannot use what a FSMC has provided. If the SFA decides to use a template that a FSMC agency provided as their RFP or IFB, that particular FSMC agency will be excluded from bidding on contract.

______27. SFA must provide a copy of the RFP or IFB to be sent out to the potential bidders to state agency for prior approval.

______28. Once the bid has been awarded, the procurement process must be sent to the state agency to ensure compliance. Including:

______28a. Number of suppliers who received the solicited bids

______28b. Number of suppliers that bid on the contract

______28c. Date the IFB was publicly advertised

______28d. Number of days provided prior to the date set for opening of bids

______28e. Date that the bids were publicly opened

______29. Confirms that all procurement transactions by either the SFA and/or FSMC comply with procurement standards as set forth by 7 CFR 210.21 and 7 CFR 3016.36.

Date Reviewed:______

Reviewer’s Name:______

Date Approved:______

Approver’s Name:______

Updated November 17, 2011