Food & Nutritional Services

Food Management Contract Procedures

LEAs needing to rebid for food management contract services, or LEAs desiring to bid for the first time, need to acquaint themselves with the steps as outlined below:

1. Contact the State agency for instructions and copies of the latest RFP/Contract prototypes.

2. Care must be taken to ensure that the IFB or RFP:

a. Contains the required 21-day menu cycle, AS PREPARED BY THE LEA, to be used as a standard for basing bids or estimating average costs per meal. Be sure to designate menu planning method used to plan menus; and

b. Makes it clear that the food management company must adhere to the menu cycle for the first 21 days of meal service; and,

c. Indicates that nonperformance subjects the food management company to specified sanctions in instances where the food management company violates or breaches contract terms.

3. Use the enclosed IFB/RFP/Contract checklist to review IFB or RFP.

4. Must submit IFB or RFP to State agency for review.

5. Upon completion of review, formally advertise bid for contracted food management services and mail a copy of the complete IFB or RFP to prospective bidders; i.e., those companies that are believed to be qualified and that might reasonably be expected to respond to the solicitation. School districts are encouraged to allow 21 days from the time bids/proposals are solicited to the time they are due or follow the LEA's local procurement timeframe. Non-public schools are encouraged to allow 45 days for IFBs and 60 days for RFPs from the time the bids/proposals are solicited to the time they are due.

6. For any contract that will be in excess of $100,000 the LEA must require each bidder to submit, along with the bid, the signed Certification Regarding Debarment, Suspension form. This signed Certification Statement must be kept in the LEA’s files. (See prototype form in packet.)

7. For any contract that will be in excess of $100,000 the LEA must require each bidder to submit, along with the bid, the signed Certification Regarding Lobbying form, and if applicable, the Disclosure of Lobbying Activities form. (See prototype forms in packet.)

8. Select most advantageous bid, fully documenting selection process.

9. Prepare, in conjunction with selected food management company, actual food management contract.

10. Use the enclosed IFB/RFP/Contract checklist to review contract.

11. Forward proposed food management contract to State agency for review. The State agency will then examine the contract to determine that it contains, at a minimum, the necessary legal references as outlined by 7 CFR 210, National School Lunch Program regulations.

12. Forward signed copies of the Certification Regarding Debarment, Suspension form; the Certification Regarding Lobbying form; and if applicable, the Disclosure of Lobbying Activities form. Also, submit to the state agency a copy of formal advertisement or Affidavit of Publication.

13. Upon completion of contract review: officially enter into contract, sign contract, and forward signed copy of contract to State agency. NOTE: For district protection, management company operations should not commence until after date of contract signing.