Program operators that do not want to prepare meals themselves have the option of vending meals from a School Food Authority (SFA) using a Vended Meals Agreement (VMA). Using a Vended Meals Agreement is a streamlined process compared to contracting with a Food Service Management Company.
Who Can Enter Into Vended Meals Agreements?
Operators of the National School Lunch Program (NSLP) and the Child and Adult Care Food Program (CACFP) may use Vended Meal Agreements to purchase meals for their programs. A Vended Meal Agreement is different from a contract with a Food Service Management Company (FSMC) and the two should not be confused.
Summer Food Service Program (SFSP) operators may not use a Vended Meals Agreement to purchase meals. This is because in the program regulation for SFSP, a Food Service Management Company is defined as any public or private entity, including schools. Therefore, if you would like to purchase meals as a SFSP operator, you must go through the FSMC bidding process.
For NSLP and CACFP operators, the only entity you may enter into a Vended Meals Agreement with is a SFA. You do not have to get multiple bids when entering into a Vended Meals Agreement. The purchaser of the meals retains all responsibility of program operations beyond the preparation of meals. That includes submitting claims for reimbursement, conducting meal counts, and adhering to all other applicable program regulations.
Vended Meals Agreement Template
Operators should use the template provided by the Vermont Agency of Education when entering into a Vended Meals Agreement. This template helps walk both parties (the Purchaser and the Seller) through practical considerations such as when and where are meals picked up, if meals are to be delivered, and how much the meals will cost.
State Agency approval is not required for Vended Meal Agreements, although we do ask that fully signed VMAs are sent to the State to be kept on file. Agreements can be sent to conor.floyd@vermont.gov.
Vended Meal Agreements with an SFA which contracts with a FSMC
The Purchaser may enter into a Vended Meals Agreement with an SFA that contracts with a FSMC. In this situation, the Purchaser is not entering into a Vended Meals Agreement directly with the FSMC. Instead, the Purchaser is buying meals from the Seller SFA, who is in turn paying the FSMC to make those meals.
One question a Seller SFA that contracts with a FSMC should consider is: were Vended Meals included in their original contract? If Vended Meals were not included, would the addition of Vended Meals constitute a material change to the contract? It is recommended that SFAs in this situation reach out to the Agency of Education's Child Nutrition team for guidance.
Frequently Asked Questions
Where can I find the Vended Meals Agreement template?
You should reach out to Conor Floyd, Grant Programs Manager, conor.floyd@vermont.gov to request the Vended Meals Agreement template.
How do I enter into a Vended Meals Agreement?
For operators interested in vending meals, you should begin by reaching out to nearby School Food Authorities (SFAs) to see if they would be interested and willing to sell meals to your program. If they are interested, the two parties should agree to the terms of the Agreement, sign the Agreement, and send notification to the Agency of Education.
How should sales be booked for Sellers?
If you are a SFA selling meals via a Vended Meals Agreement, the income from those sales should go into the program’s nonprofit school food service account and be booked as Nonprogram Revenue.
What if I want to buy meals from an organization that is not a school?
To purchase meals from organizations that are not a school, you must go out to bid. Bidding requirements differ between NSLP, CACFP, and SFSP. Therefore, you should reach out to Conor Floyd (conor.floyd@vermont.gov) for further guidance.