The Agency of Education provides School Food Authorities (SFAs) entering into a new contract with a food service management company (FSMC) with template contract materials. The Request for Proposal contract templates include the requirements contained in 7 CFR Parts 210, 220, 225, 226, 245, 250, 3016.36, 2 CFR 200, the Fresh Fruit and Vegetable Program, and USDA’s Contracting with Food Service Management Companies – Guidance for School Food Authorities (SFAs) – 2016 manual. The RFP template is always in compliance with the Procurement Requirements for the National School Lunch, School Breakfast, Summer Food Service Program, and Child and Adult Care Food Program.
About the Templates
The SFA, not the FSMC, must prepare the RFP. You should modify the template RFP to meet your needs or local requirements. The RFP template requires track changes to allow the State Agency to quickly review and approve materials. The school business office or designee must read the RFP template, select the desired choices/programs, and delete the language that was not selected. You should have your administrative staff review the RFP and amend to ensure that the document reflects the best terms possible for the SFA and covers all facets of your food service operation prior to submission for State Agency review and approval. The State Agency will then return the approved document to the SFA with the tracked changes incorporated into the document.
SFAs planning to contract with a Food Service Management Company must request the template materials from the Child Nutrition Programs team. Do not use old template materials because updates are made each year. Agency staff will provide training on the bidding process and orient the SFA with the template materials.
Allowable Contracts
SFAs must enter into a fixed-price contract with a food service management company using this Food Service Management Company RFP Contract Template. Under a fixed-price contract, the recipient agency pays a fixed cost per meal provided or a fixed cost for a certain time period.
AOE Prior Approval
The Agency of Education must review and approve the FSMC’s proposal documents and contract materials before execution of the contract. The SFA must incorporate any changes required by the State Agency. Otherwise, all costs resulting from the contract are unallowable costs and cannot be paid from the nonprofit food service account.
Revisions
The bid solicitation and resulting contract (including all addenda) must be the same document(s) previously determined in compliance by SA. Revisions cannot be made to the executed Request for Proposals/Invitation for Bids and Contract without first submitting proposed revisions to SA for review and receiving written notification that the proposed revisions are allowable within the regulatory guidelines. Furthermore, additional documents and/or agreements, including those developed by the contractor, cannot become part of the executed contract.
Point of Service Systems and Equipment
It is not required that an SFA buy a particular Point of Service (POS) System or specific equipment when contracting with an FSMC. If the SFA required a POS System or any extra equipment, this requirement and all specifications must be in the RFP.
Food Service Management Company (FSMC) Contract Pre-Bid Conference Guidance
SFAs may be required by local procurement policies or may choose to conduct a pre-bid conference, also referred to as a pre-bid meeting. If this is the first procurement for meal services by the school food authority, conducting a pre-bid conference may be very beneficial to both the SFA and the prospective bidders. The following is general guidance that should be considered when planning a pre-bid conference.
Attendance
Attendance at the conference by prospective bidders is strongly recommended but not required for submittal of a bid.
Scheduling
It is recommended that the conference be scheduled at least ten days after the public advertisement and distribution of the bid packets to provide sufficient notice to all prospective bidders. Announcement of the pre-bid conference should be included in both the bid packet and the public advertisement.
In addition, the conference should be scheduled at least 18 days prior to the bid opening date to allow the SFA sufficient time to issue written addenda/amendments that may result from the conference and for bidders to subsequently prepare their bids. Hence, a minimum 30-day solicitation period is required by the Vermont Agency of Education.
Purpose
- Provide information and clarification regarding contract specifications that will assist in the preparation of bids
- Answer questions (take detailed notes; then provide answers in writing—see Addenda/Amendments/Questions and Answers below)
- State that clarifications, exceptions, and/or alternate bids will result in disqualification
- Conduct a facility tour
- Discover ambiguities, errors, or omissions in the Request for Proposals/Invitation for Bids (RFP/IFB) that may later be corrected through written addenda or amendments to the RFP/IFB
The conference should NOT be held as a substitute for formally amending a deficient or ambiguous specification or to disseminate performance requirements in addition to those contained in the solicitation.
Addenda/Amendments/Questions and Answers
It should be stated at the opening of the pre-bid conference that information provided should not be considered official until provided in writing to all prospective bidders that have received the RFP/IFB. Oral explanations or instructions given before the award of the contract shall not be binding. Any information given to a prospective bidder shall be furnished to all prospective bidders that received the original solicitation/contract as an addendum or amendment to the solicitation/contract.
Process
The following is a rough timeline for the pre-bid conference:
- Advertise and Distribute Bid Packets
- 10 Day period
- Pre-Bid Conference
- During the next 18 days
- Issue Addenda/RFP amendments up to 7 business days to bid opening
- Bid Opening
Submissions to AOE
Throughout the bidding, document submissions to the Agency of Education are required. The document package sent to all SFAs going out to bid contains a form for each of the three submissions. Please reach out via email if you are missing these forms.
Submission #1
AOE approval required before proceeding.
After finishing the RFP/IFB, complete the Food Service Management Company RFP and submission form. Submit the form along with all required materials to Conor Floyd.
Allow for at least 30 days for the Agency of Education to review all Submission 1 materials. The review period may take longer if the SFA delays in answering any follow up questions or responding to edit requests from the AOE.
Do not post the RFP anywhere or solicit responses until after Submission 1 approval is provided by the AOE.
Submission #2
AOE approval required before proceeding.
After receiving all bids and scoring the proposals, but before awarding the contract, submit Submission 2. The submission form includes a list of all required materials.
Allow for at least 15 days for the Agency of Education to review all Submission 2 materials.
Do not award the final contract until Submission 2 approval is provided by the AOE.
Submission #3
No AOE Approval required.
After the contract is fully executed, please submit Submission 3. This should contain all final contract materials. AOE approval is not required at this step.
Questions
If you have any questions, please contact Conor Floyd, Grant Program Manager for Child Nutrition Programs.
(802) 828-0310 or by email at conor.floyd@vermont.gov .