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.
Updated November 17, 2011
______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