Procurement

All resources listed below are in Microsoft Wordunless otherwise noted.

Update to Procurement

• Determining whether to hire a Food Service Operations Consultant or a Food Service Management Company - Memo from June Paul, Director, 4/22/2011
• Reaffirming the Requirement that School Food Authorities Comply with Federal Regulations Affecting Rebates, Discounts, and Other Applicable Credits in All Cost Reimbursable Contracts - USDA Guidance Memo, 4/5/11 (Revision of 10/1/10 version)
• Procurement Geographic Preference Q&As - USDA Guidance Memo, 2/01/11
• Clarification in Crediting for, and Use of, Donated Foods in Contracts with Food Service Management Companies - First and Final Contract Years - 1/25/11 (Revision of 10/12/10 version)
• Guidance in Crediting for, and Use of, Donated Foods in Contracts with Food Service Management Companies - 1/25/11 (Revision of 8/24/09 version)
• Clarification of Requirements in the FSMC Final Rule - USDA Food Distribution Guidance Memo, 11/17/08
• USDA's New Rule Significantly Impacts FSMC Contracts - School Nutrition Team Memo, 2/8/08
• New Procurement Rule from USDA - School Nutrition Team Memo, 2/15/08
• Final Rule, 10/31/07 - Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Programs
• USDA Guidance Memo on Final Rule 1/28/08

Prototype Contracts

• Food Service Management Companies
  • Prototype Contract Renewal/Amendment - Memo from June Paul, Director, on 8/16/2010
  • Please download the appropriate contract and save to your computer with the name of your school district/school and fsmc. (Example: Hillside_School_District_fsmc.doc) Then change contract as needed. When you save it with changes, answer yes to the pop up box that asked if you want to save tracked changes. Attach changed contract to an email to victor.taugher@dpi.wi.gov.
  • Fixed Fee Prototype Contract
    • Amendment to Renew Fixed Fee Food Service Management Contract
  • Cost Reimbursable Contract
    • Amendment to Renew Cost Reimbursable Food Service Management Contract
• Vendor Agreements
  • Prototype Vending Agreement and Joint Agreement - Memo from June Paul, Director, 4/25/2011
  • Purchasing from a private company providing meals only but does not manage any aspect of the food service program.
    • Vendor Prototype Contract
  • Purchasing from another school which provides meals only but does not manage any aspect of the food service program.
    • Joint Agreement Prototype Contract
  • Note: When a company manages any aspect of your food service program refer to the Food Service Management Company section above.

Regulations

• National School Lunch Program Regulations, Part 210 (210.21 on page 59)
  • Final Rule, 10/31/07 - Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Programs
• 2002 CFR Title 7, Volume 15, Part 3016 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments
• 2002 CFR Title 7, Volume 15, Part 3017 - Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements For Drug-Free Workplace (Grants)
  • Suspension and Debarment Certification
• 2002 CFR Title 7, Volume 15, Part 3019 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
• Geographic Preference Option for Procurement of Unprocessed Agricultural Products in Child Nutrition Programs Final Rule published in the Federal Register on 4/22/11 at 76 FR 22603.

Training

• National Food Service Management Institute Web-based Trainings on Procurement - Initially only offered to State Agency staff this training is now available for school personnel and the public. Click on the link and locate the USDA State Agency Guidance to Procurement Topic 1 or 2 courses. Users will need to register for the courses, and first time users will need to create a profile.

Resources

• Purchasing Flow Chart
• Vendor Contact Record

USDA Policy Guidance Memos

April 5, 2011	Reaffirming the Requirement that School Food Authorities Comply with Federal Regulations Affecting Rebates, Discounts, and Other Applicable Credits in All Cost Reimbursable Contracts (Revision of 10/1/10 version)
February 1, 2011	Procurement Geographic Preference Q&As
January 25, 2011	Clarification in Crediting for, and Use of, Donated Foods in Contracts with Food Service Management Companies - First and Final Contract Years (Revision of 10/12/10 version)
January 25, 2011	Guidance in Crediting for, and Use of, Donated Foods in Contracts with Food Service Management Companies (Revision of 8/24/09 version)
October 22, 2010	Further Clarification in Crediting for, and Use of, Donated Foods in Contracts with Food Service Management Companies
October 9, 2009	Applying Geographic Preferences in Procurements for the Child Nutrition Programs - Updates
October 9, 2009	Updated Procurement Questions
January 23, 2009	Economic Price Adjustment in Vendor Contracts
January 15, 2009	Competitive Procurement and Private Grants for School Food Programs
January 9, 2009	Reminder: Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Programs
July 9, 2008	Applying Geographic Preferences in Procurements for the Child Nutrition Programs
May 1, 2008	Prototype Language for Return of Discounts, Rebates and Credits to School Food Authorities
March 12, 2008	Allowability of Procurement Fees in School Food Authority (SFA) Contracts
January 28, 2008	Final Rule, Procurement Requirements for the NSLP. SBP and SMP
January 23, 2007	School Districts and Federal Procurement Regulations
August 9, 2006	Buy American Reminder Memo
May 18, 2006	State Agency Procurement Training for School Districts Memo and Attachment
April 26, 2006	April 2006 Procurement Questions
April 17, 2006	Procurement Questions Relevant to the Buy American Provision Memo and Attachment
March 16, 2006	School Districts and Federal Procurement Regulations
August 1, 2005	#05-24 Clarification of Invitation for Bid and Request for Proposal Procedures and Applications
May 31, 2005	#05-21 Automated Meal Accountability Systems Procurement
May 11, 2005	#05-20 Procurement Procedure Questions and Attachment - Open RFP Document
December 16, 2004	#05-09 Procurement and Service of Whole Grain Products
December 3, 2004	#05-08 Federal Procurement Regulations & Horizon Software LLC
November 11, 2004	#05-04 Reaffirming FNS' Position on Rebates, Discounts, and Other Applicable Credits in Cost Reimbursable Contracts
July 30,2004	#04-27 Providing Information versus Writing Bid Specifications and Contract Terms
February 4, 2004	#04-08 Applicability of Federal Requirements to School Food Service Procurements
January 15, 2003	#03-08 Clarification Concerning Food Service Management Company (FSMC)Cost Reimbursable Contracts
May 22, 2002	#02-26 Purchases of Locally Produced Foods in the School Nutrition Programs
March 26, 2002	#02-18 Department Regulation Certification Requirements for the Child Nutrition Programs
February 8, 2002	#02-16 Buy American Provision
December 5, 2001	#02-02 Procurements Made Through Group Buying Services
October 12, 2001	#02-01 Contract Duration and the Effect of 3016/3019 on the Child Nutrition Programs
January 16, 2001	#01-05 Food Service Management Company Procurement Responsibilities
December 4, 2000	#01-03 7 CFR Parts 3016 and 3019
July 6, 2000	#00-19 Eligibility Determination and Verification by Food Service Management Companies
November 8, 1999	#00-01 Buy American Requirements for NSLP
December 30, 1998	#99-06 Executive Management Services, Inc
November 16, 1998	#99-02 State Agency Procurements with the National Food Service Management Institute (NFSMI)
November 9, 1994	#95-01 Procurement of A La Carte and Competitive Foods
April 11, 1994	#94-04 Requirement to Competitively Rebid for Food Service Management Company (FSMC) After Joining National School Lunch Program (NSLP)
October 9, 1993	#93-04 Bid and Procurement Requirements Between School Food Authorities

Other Resources

• Purchasing from Wisconsin Growers
• School Milk Suppliers - Wisconsin Milk Marketing Board Listing
• National Food Service Management Institute Resources
  • Choice Plus: A Reference Guide for Foods and Ingredients
  • Choice Plus Food Safety Supplement
  • Cooperative Purchasing for Child Nutrition Programs
  • First Choice: A Purchasing Systems Manual for School Food Service, 2nd Edition
  • Guide for Purchasing Foodservice Equipment
  • NFSMI Insight - Purchasing Decisions for Cost Effective Implementation of the Dietary Guidelines for Americans
  • Procurement Education and Training
  • Quality Receiving Practices for Healthy School Meals
  • Responding to a Food Recall
• School Nutrition Team NSLP Resource and Materials Webpage

For questions about this information, contact Julie A. Cox (608) 267-9206

Last updated on 1/11/2012 12:36:33 PM