BULLETIN NO. 016-14 CNS
Page 1
May 30, 2014
July 3, 2014
( )
(X)
Action Required
Informational
BULLETIN NO. 016-14 CHILD NUTRITION SERVICES
TO:
Educational Service District Superintendents
School District Superintendents
School District Assistant Superintendents for Business and/or Business
Managers
School District Food Service Supervisors
Administrators of Private Schools
Administrators of Residential Child Care Institutions
FROM:
Randy I. Dorn, State Superintendent of Public Instruction
RE:
Food Service Management Contracting Procedures
CONTACT: Jeff Booth, Fiscal Supervisor
jeff.booth@k12.wa.us, (360) 725-6217
Agency TTY: (360) 664-3631
Purpose
The intent of this bulletin is to ensure that all local education agencies (LEAs)
contracting with food service management companies (FSMCs) comply with the
appropriate United States Department of Agriculture (USDA) and Office of
Superintendent of Public Instruction (OSPI) Child Nutrition Services (CNS) rules and
regulations. It is not the intent of OSPI to promote the use of FSMCs.
In order to ensure compliance with USDA contracting regulations, all FSMC contracts
must be reviewed annually by OSPI. All contracts and renewals must be sent to Jeff
Booth, Fiscal Supervisor, for review and approval before the contract is signed by the
FSMC.
Enclosed are procedures for contracting with a FSMC (Attachment 1) and a checklist to
ensure all requirements are included in the contract (Attachment 2). If a LEA plans to
change from a self-operated food service to a managed contract with a FSMC, they
must use this guidance.
BULLETIN NO. 016-14 CNS
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July 3, 2014
All private/public schools and residential child care institutions (RCCIs) who are going
out to bid in 2014 for fiscal year 2014–15 must use the enclosed request for proposal
(RFP) template (Attachment 3) and the statewide FSMC contract template (Attachment
4). The new RFP and contract templates include all requirements set forth by the
Healthy Hunger Free Kids Act (HHFKA) of 2010.
Meal Pattern
The LEA shall provide a reimbursable lunch, breakfast, summer food, and at-risk
afterschool meal patterns which meets the nutrition standards stated in section 201 of
the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296, HHFKA) . Each LEA will
meet new meal patterns and nutrition standards as defined in the final rule for Nutrition
Standards in the National School Lunch and School Breakfast Programs (7 CFR
Parts 210 and 220). The CACFP regulations permit LEAs participating in NSLP to
substitute NSLP meal pattern requirements for the CACFP meal pattern requirements [7
CFR §226.20(o)]. This means LEAs may choose to use either the CACFP or NSLP
meal patterns when serving at-risk afterschool meals through CACFP.
The FSMC may not change or vary the menus after the first cycle menu for the NSLP,
SBP, SFSP or the a la carte items without written approval of LEA. The LEA shall
approve menus no later than two weeks prior to service. (Reference 7 CFR §210.16)
Any changes or variances requested by FSMC for substitutions to the LEA menu of
lower quality food items shall be justified and documented in writing. The FSMC must
maintain documentation for substitutions and justification of lower quality food items for
the records retention period that is applicable to food production records and shall make
such documentation available to the LEA, OSPI and USDA for review upon request. (7
CFR 210.16(b)(1))
FSMC Employment
If the FSMC contract will replace services provided by classified employees, the LEA
must comply with RCW 28A.400.285, which requires the LEA to conduct a feasibility
study prior to making a decision on contracting out. The feasibility study must be
approved by OSPI before the LEA can begin the RFP process.
A Feasibility Study Approval Form is provided as Attachment 7 of this bulletin. OSPI
Bulletin 063-11 (Attachments 5 and 6) provides guidance on how to comply with RCW
28A.400.285.
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July 3, 2014
Procurement
In accordance with USDA procurement rules, LEAs contracting out a Fresh Fruit and
Vegetable Program and implementing cost reimbursement based FSMC contract
provisions for the 2014–15 school year must:

Include a provision that costs will be net of all discounts, rebates, and other
applicable credits.

Return purchase discounts, rebates, and other credits to the LEAs nonprofit
school food service account.
For FSMC contracting questions, contact Jeff Booth at (360) 725-6217, or via e-mail at
jeff.booth@k12.wa.us. The agency TTY number is (360) 664-3631.
This information is also available on the OSPI Web site:
http://www.k12.wa.us/BulletinsMemos/bulletins2014.aspx.
EXECUTIVE SERVICES
Ken Kanikeberg
Chief of Staff
FINANCIAL RESOURCES
JoLynn Berge
Chief Financial Officer
CHILD NUTRITION SERVICES
Donna Parsons, MS, RD, SNS
Director, Child Nutrition Services
DP:sh
BULLETIN NO. 016-14 CNS
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July 3, 2014
Attachments
Attachment 1—Procedures for Contracting With Food Service Management Companies
Attachment 2—Food Service Management Company Contract Checklist
Attachment 3—Notice of Request for Proposals for Food Service Management
Attachment 4—Food Service Management Company Contract Template
Attachment 5— Contracting Out Services Provided by Certain Classified Employees
Under RCW 28A.400.285
Attachment 6—Outline of Procedural and Subject Matter Considerations: Contracting
Out Services Provided by Certain Classified Employees Under RCW 28A.400.285A
Attachment 7—Feasibility Study Approval Form
Attachment 8—FSMC Fact Sheet
The U.S. Department of Agriculture prohibits discrimination against its customers,
employees, and applicants for employment on the bases of race, color, national origin,
age, disability, sex, gender identity, religion, reprisal, and where applicable, political
beliefs, marital status, familial or parental status, sexual orientation, or all or part of an
individual’s income is derived from any public assistance program, or protected genetic
information in employment or in any program or activity conducted or funded by the
Department. (Not all prohibited bases will apply to all programs and/or employment
activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA
Program Discrimination Complaint Form, found online at
http://www.ascr.usda.gov/complaint_filing_cust.html or at any USDA office, or call (866)
632-9992 to request the form. You may also write a letter containing all of the
information requested in the form. Send your completed complaint form or letter to us by
mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400
Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or
email at program.intake@usda.gov.
Individuals who are deaf, hard of hearing, or have speech disabilities may contact
USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136
(Spanish).
USDA is an equal opportunity provider and employer.