TECHNICAL ASSISTANCE NOTE
No. 2007-08
School Business Services
Food and Nutrition Management
Contact: Richard Mendez
Department of Education
John L. Winn,
ommissioner
C
Program Guidance for Sponsors that Contract with Food
Service Management Companies and/or Independent
Contractor
(850) 245-9330
SC 205-9330
DATE:
December 15, 2006
TO:
Sponsors of the National School Lunch, School Breakfast, Special Milk and
After School Snack Programs
FROM:
Diane Santoro, Administrator
Food and Nutrition Management
SUBJECT:
Program Guidance for Sponsors that Contract with Food Service
Management Companies and/or Independent Contractor
This document supports the mission of Florida’s K-20 education system to increase the proficiency of
all students within one seamless, efficient system. Through this and other modes of assistance, the
office of Food and Nutrition Management supports the State Board of Education’s goal to deliver
quality, efficient services (Section 1008.31(3), Florida Statutes).
The purpose of this technical assistance note is to provide guidance to School Food Authorities (SFAs)
on their responsibilities for program compliance when they have employed a Food Service
Management Company (FSMC) and/or an Independent Contractor to manage their food service
operations in one or more schools. Food and Nutrition Management (FNM) would like to remind
sponsors that their agreement is specific as to separation of responsibilities. The agreement between
FNM and the SFA to participate in the federal school nutrition programs is with the School Food
Authority and not the FSMC or any other contractor. Consequently, FNM is requiring all
communications, as they relate to the operation of the SFA’s food service operations, to come directly
from the SFA or the district-employed contract manager.
If the SFA uses an FSMC to perform its school nutrition operations, the SFA remains responsible for
the overall operation of the school nutrition programs and compliance with federal and state laws,
regulations, and policies. This responsibility requires that the SFA retain and maintain direct
involvement in the operation of the school nutrition programs.
DIANE SANTORO, ADMINISTRATOR
FOOD AND NUTRITION MANAGEMENT
325 W. GAINES STREET • SUITE 1014 • TALLAHASSEE, FL 32399-0400 • (800) 504-6609 • www.fldoe.org
Suncom 205-0460 • FAX (850) 245-9263• diane.santoro@fldoe.org
Technical Assistance Note 2007-08
December 15, 2006
Page 2
The following are the required SFA responsibilities that
may not
be delegated to an FSMC:
•
Preparation of Contract Documents
– The SFA is responsible for the preparation of all contract
documents issued prior to and during the awarding of the SFA-FSMC contract. These documents
include, but are not limited to, bid specifications, the invitation for bid (IFB), and the request for
proposal (RFP). FNM is requiring all SFAs that are preparing to solicit bids for a management
company to use the state approved FSMC RFP, and the SFA-FSMC contract, as applicable. 7
CFR Section 210.16(c)(3) specifically addresses the SFA's development of specifications for each
food component or menu item and requires these specifications to be included in the IFBs or
RFPs. Specifications must cover items such as grade, purchase units, style, condition, weight,
ingredients, formulations, and delivery time.
•
Program Oversight
– The SFA must ensure that the food service operations are in conformance
with the SFA's agreement with the Florida Department of Education, FNM, and that the
responsibility for all contractual agreements entered into in connection with the school nutrition
programs remains with the SFA.
•
Monitoring
– The SFA must monitor the food service operation through on-site visits and
reviews. Every school year, each SFA with more than one school shall perform no fewer than
one on-site review of the lunch counting and claiming system employed by each school under its
jurisdiction [7 CFR 210.8 (a)(1)]. The on-site review must take place prior to February 1 of each
school year. If follow-up is required, it should meet the standards set by FNM.
•
Control the Quality, Extent, and Nature of Food Service
– The SFA shall retain control of the
quality, extent, and general nature of the food service operations and the prices to be charged to
the children for meals. Such controls must include retaining control of the nonprofit school food
service account and overall financial responsibility for the school nutrition programs; establishing
all prices for all meals served under the nonprofit school food service account (e.g., pricing for
reimbursable meals, a la carte food services, and adult meals, as applicable); developing the 21-
day cycle menu in accordance with the meal pattern requirements specified in 7 CFR Part 210;
conveying menu adjustment requirements to the FSMC; and monitoring implementation of those
adjustments. Additionally, any refunds, local or national, received from processors must be paid
to the SFA.
•
Signature Authority
– The SFA must retain signature authority on the agreement to participate
in the National School Lunch Program (NSLP), the School Breakfast Program (SBP), the After
School Snack Program (ASSP), and the Special Milk Program (SMP), including the SFA's free
and reduced price policy statement and the claim for reimbursement.
•
Free and Reduced Price Meal Process
– The SFA shall determine eligibility for free and
reduced price meals and free milk in accordance with 7 CFR Part 245. Such responsibilities
include the conduct of any hearings related to such determinations and verification of applications
for free and reduced price meals.
•
USDA Donated Foods
– The SFA must ensure that all USDA donated foods received by the
SFA made available to the FSMC accrue only to the benefit of the SFA's nonprofit school food
service and are fully utilized therein, retaining title to USDA donated foods.
Technical Assistance Note 2007-08
December 15, 2006
Page 3
•
Health Certification
– The SFA shall maintain, for duration of contract, applicable health
certification(s) and assure that all state and local regulations are being met by the FSMC preparing
or serving meals at an SFA facility.
•
Establishment of an Advisory Board
– The SFA must establish and maintain an advisory board
composed of parents, teachers, and students to assist in menu planning.
•
Development of the 21-Day Cycle Menu
– The SFA, or the SFA with FNM assistance, must
develop the 21-day cycle menu for the FSMC bid proposal. If the SFA determines, and FNM
agrees, that the SFA is unable to develop a cycle menu, then FNM may develop the cycle menu or
allow the FSMC to develop the 21-day cycle menu.
o
FSMC-developed cycle menus are appropriate to use only under the competitive
negotiation method of procurement. Under the competitive sealed bid method, the
SFA must review each bid for responsiveness to the bid requirements, as well as
determine the lowest bid price. In the absence of a uniform menu, the SFA will not
have consistent information among bidders upon which to determine responsiveness
and the lowest bid price, and may expose itself to bid protests unnecessarily. The
FSMC must adhere to the cycle for the first 21 days of meal service. Changes
thereafter may be made with the approval of the SFA.
•
Internal Controls
– The SFA must establish internal controls that ensure the accuracy of lunch
counts prior to the submission of the monthly claim for reimbursement. At a minimum, these
internal controls shall include: an on-site review of the lunch counting and claiming system
employed by each school within the jurisdiction of the school food authority; comparisons of daily
free, reduced price, and paid lunch counts against data that will assist in the identification of lunch
counts in excess of the number of free, reduced price, and paid lunches served each day to children
eligible for such lunches; and a system for following up on those lunch counts that suggest the
likelihood of lunch counting problems. For additional information, see 7 CFR Part 210.8 (a).
•
Reports
– The SFA must complete all reports as required by FNM.
If you have questions about this guidance, please contact Richard Menendez at (800) 504-6609 or
richard.menendez@fldoe.org.
DS/iw
