1. 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

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

3. 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

4. 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

5. Resources Office of the Inspector General
One Ashburton Place, Room 1311
Boston, MA
Attorney of the Day: (617)

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

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

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

9. 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

10. 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

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

12. 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

13. 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

14. 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 (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 (a)(3)

15. Thank You! Bridget Ziniti
Massachusetts Department of Elementary & Secondary Education
75 Pleasant Street
Malden, MA
(781)