Steps to a Successful Solicitation and Contract: Food Service Management Companies for School Business Officials Bridget Ziniti, M.Ed. MA Department of Elementary and Secondary Education Office for Nutrition, Health and Safety Programs

The Decision: To contract or not to contract IDENTIFY decision makers CONDUCT a needs assessment RESEARCH Food Service Management Companies

Competitive Procurement State and federal regulations ● 7CFR §210.16, 7CFR §210.21, 7CFR part 3015, 7CFR parts 3016 & 3019, MGL chapter 30b ● Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Programs Federal Register Vol. 72, No. 210, published October 31, 2007

Resources http://www.fns.usda.gov/cnd/Guidance/FSMCguidance-sfa.pdf Contracting with Food Service Management Companies: Guidance for School Food Authorities United States Department of Agriculture Food and Nutrition Service http://www.fns.usda.gov/cnd/Guidance/FSMCguidance-sfa.pdf

Resources Office of the Inspector General One Ashburton Place, Room 1311 Boston, MA 02108 www.mass.gov/ig Attorney of the Day: (617) 727-9140 www.doe.mass.edu/cnp/

Important Questions • IFB vs. RFP? Fee Structure? • Fiscal Goals?

Contract Award School Food Authority (SFA) obtains quality services at the best price reasonably available

Formation of Contract Must comply with language outlined in ESE’s “Mandatory Contract Language & Unallowable Contract Language” checklist

SFA submits an unsigned final contract along with ESE’s “Mandatory Contract Language & Unallowable Contract Language” checklist The checklist should indicate pages and sections of mandatory language The last page of the checklist must be checked as indication that the contract does not include unallowable language The contact information box must be completed

Documents & Deadlines New Contract April 9, 2010 (2010-2011 Base Year) “Mandatory Contract Language & Unallowable Contract Language” Renewal Contract June 11, 2010 (previous Base Year) Certificates of Lobbying & Debarment

• Approve, generating an approval ESE will review and … • Approve, generating an approval letter OR • Request additional information or action from the SFA

A copy of the fully executed contract must be submitted to ESE Signed Contract A copy of the fully executed contract must be submitted to ESE

Regulatory Noncompliance Fiscal Consequences • The State Agency will provide appropriate notice of and timeframes with which to correct deficiencies • SFA’s must take reasonable steps to correct those deficiencies

Remember … that the food service operation is in Compliance The SFA must ensure that the food service operation is in conformance with the SFA’s agreement under the program 7CFR 210.16(a)(2) Contract Administration The SFA must monitor the food service operation through periodic on-site visits to ensure the program in in conformance with regulations. Basic quality assurance also includes inspection and review of the final product. 7CFR 210.16(a)(3)

Thank You! Bridget Ziniti Massachusetts Department of Elementary & Secondary Education 75 Pleasant Street Malden, MA 02148 (781) 338-6496