Contracting with a Food Service Management Company

1. Contracting with a Food Service Management Company Oklahoma State Department of Education Child Nutrition Programs

2. Terms • SFA = School Food Authority (district) • FSMC = Food Service Management Company • CPI = Consumer Price Index • CNP = Child Nutrition Programs • AR = Administrative Review of CNP • RFP = Request for Proposal • SDE = State Department of Education (Child Nutrition programs)

3. Definitions Operational Costs − The allowable direct day to day costs to operate the program ◦ Labor, food costs, supplies, direct costs attributable to food service Administrative Costs − The allowable indirect and direct costs to administer the program ◦ Payroll processing, office supplies, background checks

4. Objectives • Evaluate reasons for contracting with FSMC • Understand responsibilities of both SFA and FSMC • Obtain a general understanding of the procurement process • Know where to find further information and assistance

5. Important to Know! • Contracting with an FSMC does not release the SFA from ANY responsibilities for Child Nutrition Programs • When procuring services, you must ensure free and open competition • If an FSMC is going to submit a proposal, they cannot have ANY part in writing the solicitation • Conduct a comprehensive evaluation to determine whether contracting FSMC services is best for your Child Nutrition programs

6. BEFORE YOU START • Contact Child Nutrition at the Oklahoma Department of Education to indicate interest in procuring FSMC services. • Becky Gray, Becky.Gray@sde.ok.gov 405-522-5042

7. Where to Start • Thoroughly read “Contracting with Food Service Management Companies: Guidance for School Food Authorities” • To access FSMC Manual: http://www.fns.usda.gov/sites/default/files/cn/FSMCguidance-sfa.pdf

8. Where to Start • Put together a team or teams that can: • Conduct a competitive procurement via RFP • Negotiate the final contract with FSMC representatives • Monitor the FSMC contract • Control and monitor all aspects of the Child Nutrition programs to ensure compliance with rules and regulations • Ensure that FSMC charges are correct and that all costs are allowable

9. Where to Start • Analyze current food service operation • Identify current cost of operations in relation to the number of reimbursable meals • ADP-average daily participation by building • All costs - food, labor, supplies, equipment, employee benefits • Use of USDA Foods • Analyze non-fiscal aspects • Wellness policy, nutrition lessons, farm to school, etc. • Determine benefits and consequences

10. Where to Start • Determine whether contracting with an FSMC is best for the program • If no, continue with self-operation • Work on program improvement, increasing revenue, decreasing expenses • If yes, contact the State Department to continue the procurement process • Contact other SFAs that are currently using FSMC services

11. Now What? • Obtain the state prototype RFP • Carefully review the prototype and complete based on the needs of your district • A Checklist is provided to guide you through the RFP

12. Contract Type Fixed Price • A set meal price is established • All other food sold is charged via Meal Equivalencies • Credit is invoiced for value of USDA Foods • Predictable cost

13. Fixed-Priced Contract • Based on one price for each meal served (i.e., breakfast, lunch) • Projects the cost of operating the program • Direct costs of operations • Administrative fees • Management fees • Price per meal cannot change throughout the contract period except for an increase in CPI

14. What Do YOU Want? • What do you want the FSMC to do for your programs? • How do you want those services performed? • What do you envision the program would look like with FSMC management? • Are there services, equipment, menu choices, nutrition education classes, local foods, visiting chefs, taste tests, etc., that you want? • What aspects of your current program do you want to keep and what aspects do you want changed?

15. Completing the RFP What information does the FSMC need? • Number of sites, ages served, enrollment, ADP • Meal service hours • Meal prices, adult prices, a la carte prices • Preparation facilities, preparation or satellite • School calendar/serving dates • Historical information about CN programs for past three years • How responsibilities are divided between SFA and FSMC • How costs are divided between SFA and FSMC

16. Completing the RFP What information does the FSMC need? • USDA Foods entitlement and usage • Reimbursement rates • Currentpersonnel, salaries, benefits, etc.* • Local Wellness Policy • LEA policies that affect CN Programs, such as Weather Days, Emergency Procedures, etc. • Any information that allows the FSMC to create a proposal that fits the SFA and provides the services the SFA envisioned

17. 21-day Cycle Menu • The SFA must include 21-day cycle menus for meals for all applicable programs in the RFP • Include menus with all required components and for each grade group served. • List all menu choices for reimbursable meals including alternate menu choices. • Must follow menus for 21 days; changes after that are approved by SFA .

18. Before the Contract can go out for Bid • Submit the final RFP to SDE for approval. • Allow at least 3-4 weeks for review and approval process

19. Next Steps • Advertise the RFP on a public forum such as school website, local newspaper, etc. • Issue the RFP to all FSMC’s who make a request • It is suggested that it be advertised for a minimum of 60 days to promote fair and open competition

20. Advertise the RFP

21. Federal Regulatory Requirements forContracting with a FSMC • Allow free and open competition in accordance with the following regulations: • General procurement requirements apply – 2 CFR Part 200 • Regulations specific to School Nutrition Programs – 7 CFR parts 210, 215, 220, 225, 226, 245 and 250

22. What Factors Restrict Free and OpenCompetition? • Insufficient submission time • Lack of uniform information for all potential bidders • Requirement for unnecessary experience or bonding • Adding programs, services, etc., after the proposal is awarded • Collusion between firms

23. How to Obtain a FSMC • Conduct pre-proposal conference • Usually includes a facility walk-through • Optional vendor presentations • Schedule about mid-way between advertising and proposal due date

24. How to Obtain a FSMC • Receive proposals • Open on deadline indicated in RFP • Evaluation team members review independently; proposals are not compared to one another • Select the proposals that meet the preset cut-off score and submit to Negotiation team

25. Evaluate the Proposal

26. UNALLOWED – RFP Process • Allowing a potential contractor to write the proposal terms, product specifications, procurement procedures, or contract terms • Allowing a potential contractor to evaluate the proposals submitted by competitors • Delegating proposal acceptance or recommendation for acceptance to a potential contractor competing on the procurement .

27. UNALLOWED – After the RFP is received • Disclosing the content of proposal offers submitted by others to a potential supplier prior to the supplier submitting an offer • Accepting FSMC proposals after the deadline

28. How to Obtain a FSMC • Determine what parts of the RFP are negotiable • Negotiate proposed contract terms • Select the proposal that best meets price and other criteria • Notify awardee*

29. How to Obtain a FSMC • SFA completes the RFP using the FSMC Checklist and signs the Independent Price Determination form • FSMC signs and SFA submits Debarment form, Lobbying Certification, and Lobbying Activities

30. How to Obtain a FSMC • Submit required contract package for review to SDE - correct, revise, resubmit as needed • Once accepted by SDE, submit for local Board approval • Submit the signed contract and materials to the SDE • Meals prepared by an FSMC cannot be claimed prior to this date

31. Penalty for Violations Any violation of free and open competition will make a proposal non‐responsive – If the contract was already awarded, the SFA must rebid the contract – If the violation occurred prior to the award of the contract, the FSMC’s proposal will be considered ineligible

32. Federal Requirements • In order to use non‐profit school food service account funds: • SFA must have a proper contract and follow proper procurement procedures • SFA must have the contract reviewed and approved by SDE prior to signing with FSMC • FSMC may not be paid using funds in the food service account prior to receiving final approval from SDE

33. AWARDING THE BID No contract may be executed by ANY party without prior written approval by the State Agency

35. AFTER THE BID IS AWARDED

36. Annual Requirements • ALLFSMC contracts run through June 30 • It is the responsibility of the SFA to monitor the contract to ensure that the contract is followed • ALL contracts and renewals are for one year

37. Annual Requirements • ALL contracts may be renewed via addendum for a maximum of four renewals; a total of five years • The SFA and/or FSMC can decide to not renew the contract at ANY TIME • Except for the fee or price increasing by the CPI percentage, no other material changes are allowed for an addendum

38. Material Changes • No item may be added or replaced if it would constitute a material change to the contract. • OSDE has defined a material change as “A change that would result in a contract increase of $150,000 or more”. • Would responders have bid differently if proposed change had existed at time of the bidding?

39. Possible Material Changes • Adding/Removing new programs or sites • Combining with or leaving another district • Changing from 5 day to 4 day • Budget impact • Starting Community Eligibility Provision

40. Material Changes Plan for the next five years • To add programs or sites, submit rationalization to SDE indicating why it is not a material change • SDE agrees: proceed with program • SDE disagrees: FSMC contract must be rebid to add program

41. SFA Responsibilities

42. SFA • Complete annual FSMC monitor reviews at least annually • Conduct on‐site reviews of lunch/breakfast in each building • Review and approve menus each month • Retain signature authority

43. SFA • Review USDA Foods utilization • Establish all meal and a la carte prices • Review edit check worksheets • Review monthly profit and loss statements and support documents

44. SFA • Create protest procedures • Conduct Direct Certification • Conduct Verification • Obtain list of homeless, runaway, and migrant students • Develop a charge policy • Pursue the student debt

45. SFA • Maintain free/reduced eligibility information • Develop and implement local wellness policy • Establish the Food Service Advisory Board composed of students, teachers, parents, and FSMC staff

46. SFA • Submit, review, verify and certify Reimbursement Claim • Review USDA commodity utilizations • Validate monthly invoice to FSMC’s monthly billing

47. Professional Standards • Both employees of the SFA and FSMC must comply with the requirements contained with the Professional Standards. • Consider adding points to the Award Criteria for the FSMCs proposed plan for meeting the training requirements.

48. FSMC Responsibilities

49. FSMC • Monthly profit/loss statement • Employee training • Menus, production records, and portion size documentation • Provide and implement proper monetary • collection methods. • Active participation on the advisory committee

50. FSMC • Provide acceptable meal counting and accountability methods • Assistance with Administrative Review documentation • Provide documentation regarding nutrition content of foods served