Texas Public School Nutrition Policy

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  • <<Narration>> Welcome to the Texas Department of Agriculture’s session on the Food Service Management Company Contracting Process. This 20 minute slide presentation contains 24 slides that will automatically advance when the narration for that slide is completed. This slide presentation is brought to you through the Texas Department of Agriculture’s Food and Nutrition Division and is funded by the U.S. Department of Agriculture. Lets begin by taking a look at the target audience, purpose and major areas covered.    
  • <<Narration>> This session is directed primarily at School Food Authorities (SFAs)interested in contracting with a Food Service Management Company (FSMC). Its purpose is to provide decision makers with an introductory look at the requirements and processes needed for contracting with a Food Service Management Company. The major areas we will cover include the evaluation phase, the advertisement process, Request for Proposal (RFP)/Contract development, RFP/Contract execution, renewal, re-advertise, and cancellation. Important dates will also be highlighted throughout the session. Let’s take a look at the objectives for this session.
  • <<Narration>> By the end of this session you will be able to: Evaluate the items to consider before contracting with a Food Service Management Company. List the two proposal/contract options Identify the necessary documentation that needs to be submitted as part of contracting with a Food Service Management Company List Texas Department of Agriculture’s notification requirements for renewing or canceling the Food Service Management Company contract Explain when another RFP/Contract is required Identify important Texas Department of Agriculture documentation deadlines Let’s begin by looking at the evaluation phase.
  • <<Narration>> Before deciding to contract with a Food Service Management Company, your School Food Authority should evaluate their particular situation carefully. Although there are many questions that must be asked and answered, two important questions that must be answered are: “ Will contracting save the School Food Authority money, time or effort?” “ Will contracting with a Food Service Management Company increase the speed, accuracy and efficiency of current operations while continuing to provide nutritious meals to your students ? “ If so how much? “ You should evaluate your complete financial picture by performing a financial analysis. This should include reviewing your P rofit and Loss statements for the previous five years to make sure you analyze your total costs of operations, including both direct and indirect costs. Another important area to evaluate are the operational concerns, including f acilities, equipment, and food service staff. Consider exceptional circumstances that may affect these areas as well as normal day to day events. Look five years down the road to determine if you may be eligible for participation in other nutrition programs such as the Fresh Fruit and Vegetable Program. Analyze the intangible aspects of the current food service operation that financially impact your food service department, but do not necessarily appear on the financial statements. These could include areas like your management initiatives, staff experience, future goals including nutrition goals and nutrition education activities. Based on your individual situation, contracting with a Food Service Management Company may help streamline your food service operation, or it may not . One of the first things to remember is that contracting with a Food Service Management Company does not change the rules that govern your overall operations, nor does it remove your responsibility to meet program requirements. Now lets take a look at the RFP/Contract process.
  • <<Narration>> If you are interested in contracting with a Food Service Management Company and decide to request proposals, you must notify the Texas Department of Agriculture (TDA) of your decision and request the RFP/Contract packet. The packet contains all necessary documentation including the RFP/Contract (also referred to as the RFP). This packet is available in early November of each year. Keep in mind that School Food Authorities must use TDA’s standardized RFP/Contract. You should complete the RFP/Contract in conjunction with selected school staff, including your school lawyer and procurement official, if any. This ensures that the School Food Authority is in compliance with state and federal regulations throughout the bidding and contracting process. The RFP/Contract specifies…
  • <<Narration>> … the responsibilities of the Food Service Management Company and the responsibilities of the School Food Authority relating to food service, procurement, and personnel management. It also describes the options available to the School Food Authority regarding the type of contract that can be entered into with the Food Service Management Company: a Fixed Meal Rate or a Cost Reimbursable option. The process used is the same for both options. However, you must send out two separate RFPs/Contracts if you want vendors to respond to both options. Let’s take a closer look at these two options.
  • <<Narration>> Under the Fixed Meal Rate option, the Food Service Management Company charges the School Food Authority a set amount (a fee) for each meal prepared and served. The SFA is responsible for paying for the number of meals served at the agreed price per meal. The Food Service Management Company, if the School Food Authority so chooses, may be responsible for purchasing. The Food Service Management Company is responsible for preparing and serving the meals, and may provide the top level management such as the Food Service Director. The management and responsibility of other staff is usually a negotiable item.   This differs from the Cost Reimbursable option because …  
  • <<Narration>> … under the Cost Reimbursable option, the Food Service Management Company charges a fee for direct costs, indirect costs, and a General and Administrative expense and Management Fee . The School Food Authority may control food service costs if they control the purchasing, however, the School Food Authority may also choose to delegate purchasing. Employee management is as specified in the RFP/Contract.   Costs are specified in the RFP/Contract, including administrative costs, a management fee, allocated costs and direct and indirect costs. Let’s see what’s involved in filling out the RFP/Contract.
  • <<Narration>> After you have filled in the appropriate information on the RFP/Contract, you must send it to the Texas Department of Agriculture. The Texas Department of Agriculture will then review your RFP/Contract and approve or recommend changes to it. The RFP/Contract should be completed and sent to TDA no later than February 15 of each year. Once the RFP/Contract has been approved, the School Food Authority has specific responsibilities that must be accomplished, including advertising, receiving, reviewing, and evaluating responses received from authorized Food Service Management Companies. Keep in mind that you must follow all state and federal purchasing regulations. Some regulations tell how and when to solicit proposals.
  • <<Narration>> Federal regulations require that School Food Authorities who are interested in contracting with a Food Service Management Company request proposals from interested companies (that must be registered with TDA) through competitive procurement. Competitive procurement must be conducted following federal and state rules and regulations. Following these requirements ensures compliance and will reduce risk of litigation and federal fines.   The federal regulations also require School Food Authorities that enter into an agreement with a Food Service Management Company must send out a Request for Proposal at least once every five years.   In addition to publicly advertising the RFP/Contract, the Texas Department of Agriculture requires the School Food Authority to send a copy of the RFP/Contract to all registered Food Service Management Companies that have been approved by the Texas Department of Agriculture. Please contact the Food and Nutrition Division of the Texas Department of Agriculture at (888) 839-5437 for a current Food Service Management Company approved vendor list. (Note: these are provided in the RFP/Contract package every year) When you have finished your evaluation of the RFP/Contract…
  • <<Narration>> … and approved all aspects of the RFP/Contract, you are now ready to proceed with completing the contracting process. Once you have chosen the Food Service Management Company that best fits your SFA’s needs, you will be ready to complete the RFP/Contract so both you (the School Food Authority) and the Food Service Management Company understand your individual roles and responsibilities. The Texas Department of Agriculture designed the RFP/Contract to meet federal and state requirements, provide free and open competition between Food Service Management Companies, and standardize the contracting process so that School Food Authorities are able to evaluate and compare proposals. Once the RFP/Contract has been finalized…
  • <<Narration>> … you must submit to the Texas Department of Agriculture for approval a copy of your unsigned RFP/Contract by April 30 th . T he Texas Department of Agriculture may make recommendations or direct changes to the contract terms. The School Food Authority must make the recommended changes and return the corrected RFP/Contract to TDA for re-evaluation and final approval. Now that the RFP/Contract has been approved ….
  • <<Narration>> … both t he School Food Authority and the Food Service Management Company must sign the RFP/Contract. The School Food Authority must then send the signed signature page to the Texas Department of Agriculture no later than July 1. If the document is altered (outside of the approved edit options) in any way without prior Texas Department of Agriculture approval it may not be considered an approved RFP/Contract. This could result in the School Food Authority not being able to use Child Nutrition funds to pay its Food Service Management Company. Only after these steps have been completed can the School Food Authority and the Food Service Management Company begin their respective contracted responsibilities. Lets take a look at the responsibilities for each.
  • <<Narration>> The Food Service Management Company is responsible for delivering all of the contracted services, items, and reports listed in the RFP/Contract in a timely manner. The School Food Authority remains ultimately responsible for ensuring all state and program regulations and guidelines of the Child Nutrition programs are met. For example, if your School Food Authority is currently using the Nutrient Standard Menu Planning option, it could be written into your RFP/Contract that you will monitor the Food Service Management Contract on a quarterly basis to ensure the requirements of this menu planning option are being fulfilled. Now, let’s take a look at the contract period, that is, how long the contract is good for, and how many times you can renew it.
  • <<Narration>> The contract between a School Food Authority and a Food Service Management Company is valid for a term of one year. It may be renewed annually for four consecutive years, one year at a time. If the School Food Authority wants to continue contracting with a Food Service Management Company, the RFP/Contract must be re-bid at the end of the fifth year. The School Food Authority must follow all federal and state competitive procurement requirements that exist at that time.
  • <<Narration>> In November of each year TDA will provide the appropriate documents to School Food Authorities. The School Food Authority may then choose to renew the contract, re-bid the contract, or terminate the contract. Detailed information regarding some of those documents will be provided in the next slides. Lets take a closer look at the documentation required for contract renewal.
  • <<Narration>> The renewed contract period must run from July 1 to June 30 of the contract year. The School Food Authority must submit all renewal information to TDA by April 30 of each year. As part of the contract renewal documentation, the School Food Authority must send these documents to the TDA for review and approval: the School Food Authority’s Intent to Renew letter. This letter states the intent of the School Food Authority to renew the current contract. the current and upcoming year’s food service budget, the Texas Department of Agriculture’s contract Renewal Checklist, and an Anti-collusion Affidavit …  
  • <<Narration>> the methodology for increasing fees, the Certification Regarding Lobbying, the Certification Regarding Debarment, the District Employee Contact Information, the List of Campuses Served by the Food Service Management Company, Executed cooperative purchasing agreements, and All amendments and other required documentation. Let’s see what must take place if one of the parties to the contract wants to change the fees for the renewal term.
  • <<Narration>> The School Food Authority and the Food Service Management Company may agree to change certain fees in accordance with the original specifications of the RFP/Contract. Any fee increases must be accompanied by a written recalculation (a written description of the methodology used to calculate the fee change) from the old fee to the new fee. The School Food Authority must provide this documentation of fee increases to the Texas Department of Agriculture as part of the contract renewal packet. The Texas Department of Agriculture must …
  • <<Narration>> … approve the completed renewal documentation before the start of each school year and before your Food Service Management Company can begin food service operations. If the renewal documentation is not approved before the Food Service Management Company begins operations, the School Food Authority may not be able to use Child Nutrition funds to pay for its Food Service Management Company contract. Let’s talk about the correct notification procedure if you decide not to renew or re-bid your Food Service Management Company contract.
  • <<Narration>> If your School Food Authority decides to re-bid the RFP/contract, you must follow all steps previously listed in the procurement process section of this session.
  • <<Narration>> If your School Food Authority decides to terminate the Food Service Management Company contract and return to a self-operated food service program you must notify the Texas Department of Agriculture, in writing, as soon as this decision has been made. The notification must be signed by the School Food Authority, and should be on the school’s official letterhead. We hope this session has provided you with answers to some of the questions you might have had about contracting with a Food Service Management Company. If you have any further questions…
  • <<Narration>> … or if you would like to speak with someone in the Texas Department of Agriculture about contracting with a Food Service Management Company, please call the Food and Nutrition Division at 888-TEX KIDS (that’s 888-839-5437). Thank you for watching this session.
  • <<Narration>> Our services are provided through the Texas Department of Agriculture’s Food and Nutrition Program funded by the U.S. Department of Agriculture, Food & Nutrition Division. In accordance with federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. To file a complaint of discrimination, write: USDA, Director, Office of Adjudication and Compliance, 1400 Independence Avenue, SW, Washington, D.C., 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.
  • Texas Public School Nutrition Policy

    1. 1. Texas Department of Agriculture The Food Service Management Company Contracting Process   Food and Nutrition Division Texas Department of Agriculture
    2. 2. Introduction <ul><li>Target Audience: School Food Authorities </li></ul><ul><li>(SFA) </li></ul><ul><li>Purpose: Familiarization with requirements </li></ul><ul><li>and processes for contracting with Food </li></ul><ul><li> Service Management Companies (FSMC) </li></ul><ul><li>Major Areas Covered: Evaluation, advertisement </li></ul><ul><li>process, Request for Proposal (RFP)/Contract development, RFP/Contract execution, renewal, </li></ul><ul><li>re-advertise, and cancellation </li></ul>
    3. 3. Objectives <ul><li>By the end of this session… </li></ul><ul><li>Evaluate considerations for contracting </li></ul><ul><li>List two proposal/contract options </li></ul><ul><li>Identify necessary documentation to submit </li></ul><ul><li>List notification requirements for renewal/ </li></ul><ul><li>cancellation </li></ul><ul><li>Explain re-advertising requirements </li></ul><ul><li>Identify documentation deadlines </li></ul>
    4. 4. Evaluation <ul><li>Financial Analysis: </li></ul><ul><li>Profit and loss statements, total cost of </li></ul><ul><li>operations, direct and indirect costs </li></ul><ul><li>Exceptional/normal operational </li></ul><ul><li> concerns: </li></ul><ul><li>Facilities, equipment, food service staff </li></ul><ul><li>Intangibles: </li></ul><ul><li>Management initiatives / experience, future </li></ul><ul><li>goals and visions </li></ul>
    5. 5. RFP/Contract Process <ul><li>SFA requests RFP/Contract packet from </li></ul><ul><li>the Texas Department of Agriculture </li></ul><ul><li>(TDA) </li></ul><ul><li>Packet includes a standardized </li></ul><ul><li>RFP/Contract </li></ul><ul><li>RFP/Contract packet available November </li></ul><ul><li>of each year </li></ul>
    6. 6. RFP/Contract Process (cont.) <ul><li>The RFP/Contract specifies the responsibilities of the FSMC and the responsibilities of the SFA </li></ul><ul><li>The RFP/Contract contains two payment options: </li></ul><ul><li>Fixed Meal Rate </li></ul><ul><li>C ost Reimbursable </li></ul>
    7. 7. RFP/Contract Process (cont.) <ul><li>Fixed Meal Rate option: </li></ul><ul><li>FSMC charges a fee per meal </li></ul><ul><li>FSMC, at SFA’s choice, may have full </li></ul><ul><li>purchasing authority </li></ul><ul><li>FSMC prepares and serves meals </li></ul><ul><li>FSMC may control staff management </li></ul>
    8. 8. RFP/Contract Process (cont.) <ul><li>Cost Reimbursable Option </li></ul><ul><li>FSMC charges a fee for general and administrative expenses which covers administrative overhead provided by FSMC and a management fee which is is profit and also bills for direct costs and some indirect costs. </li></ul><ul><li>SFA has more control over costs </li></ul><ul><li>SFA maintains control over more </li></ul><ul><li>aspects of cost, such as purchasing of </li></ul><ul><li>raw product for meals, however, SFA may </li></ul><ul><li>delegate purchasing to FSMC. </li></ul>
    9. 9. RFP/Contract Process (cont.) <ul><li>SFA submits RFP/Contract to TDA </li></ul><ul><li>TDA approves or recommends </li></ul><ul><li>changes </li></ul><ul><li>Final RFP/Contract to be advertised by SFA must be sent to TDA for approval by by February 15 of each year </li></ul><ul><li>SFA must: advertise RFP/Contract, and receive, review and evaluate responses </li></ul>
    10. 10. RFP/Contract Process (cont.) <ul><li>Federal regulations require: </li></ul><ul><li>SFAs to use competitive procurement </li></ul><ul><li>practices </li></ul><ul><li>Competitive procurement at least once every </li></ul><ul><li>5 years </li></ul><ul><li>State regulations require: </li></ul><ul><li>SFAs to publicly advertise the RFP/Contract, </li></ul><ul><li>send it to all TDA approved FSMCs </li></ul><ul><li>Contact TDA at (888) 839-5437 for vendor list </li></ul>
    11. 11. RFP/Contract Process <ul><li>The SFA can then: </li></ul><ul><li>On a limited basis negotiate with the vendor </li></ul><ul><li>Complete the RFP/Contract as </li></ul><ul><li>appropriate </li></ul><ul><li>The RFP/Contract is designed to meet federal and state requirements, provide free and open competition between FSMCs, and standardize the contracting process so that SFAs are able to evaluate and compare proposals </li></ul>
    12. 12. RFP/Contract Process (cont.) <ul><li>The SFA must submit the unsigned </li></ul><ul><li>RFP/contract to TDA by April 30 of each year </li></ul><ul><li>TDA may make recommendations or </li></ul><ul><li>direct changes to the terms listed on the </li></ul><ul><li>document </li></ul><ul><li>SFA makes recommended changes and </li></ul><ul><li>submits revised document to TDA for re- </li></ul><ul><li>evaluation and final approval </li></ul>
    13. 13. RFP/Contract Process (cont.) <ul><li>The SFA and FSMC sign RFP/Contract </li></ul><ul><li>Signed signature page due to TDA no later than July 1 </li></ul><ul><li>TDA approves the document </li></ul><ul><li>If the document is altered without TDA </li></ul><ul><li>approval, it may result in the SFA </li></ul><ul><li>not being able to use Child Nutrition </li></ul><ul><li>funds to pay for its FSMC contract </li></ul><ul><li>Only after the RFP/Contract is completed may the SFA and the FSMC begin operations </li></ul>
    14. 14. RFP/Contract Process (cont.) <ul><li>FSMC Responsibilities: </li></ul><ul><li>The FSMC must deliver all of the contracted items listed in the RFP/Contract in a timely manner </li></ul><ul><li>SFA Responsibilities: </li></ul><ul><li>The SFA maintains ultimate responsibility for all aspects of the Child Nutrition programs </li></ul>
    15. 15. RFP/Contract Process (cont.) <ul><li>The Contracting Period: </li></ul><ul><li>1 year term </li></ul><ul><li>SFAs can renew RFP/Contract up to four </li></ul><ul><li>times (one year at a time) </li></ul><ul><li>Maximum total contracted period of 5 </li></ul><ul><li>years </li></ul>
    16. 16. RFP/Contract Process (cont.) <ul><li>TDA will provide appropriate documents to SFAs in November of </li></ul><ul><li>each year </li></ul><ul><li>At the end of each one year term, SFA may choose to renew original agreement for up to four renewals, re-bid its FSMC service or cancel the contract </li></ul>
    17. 17. Renewal <ul><li>Term of contract is from July 1 of school year to June 30 of school year </li></ul><ul><li>Renewal information due by April 30 of </li></ul><ul><li>each year </li></ul><ul><li>Documentation includes : </li></ul><ul><ul><li>Intent to Renew letter </li></ul></ul><ul><ul><li>Current and upcoming year’s food service </li></ul></ul><ul><ul><li>budget </li></ul></ul><ul><ul><li>TDA Contract Renewal Checklist </li></ul></ul><ul><ul><li>Anti-Collusion Affidavit </li></ul></ul>
    18. 18. Renewal (cont.) <ul><li>Documentation includes (cont): </li></ul><ul><ul><li>Methodology for increasing fees </li></ul></ul><ul><ul><li>Certification Regarding Lobbying </li></ul></ul><ul><ul><li>Certification Regarding Debarment </li></ul></ul><ul><ul><li>District Employee Contact Information </li></ul></ul><ul><ul><li>List of Campuses Served by the FSMC </li></ul></ul><ul><ul><li>Cooperative purchasing agreements </li></ul></ul><ul><ul><li>Amendments and other documentation </li></ul></ul>
    19. 19. Contract Renewal (cont.) <ul><li>The FSMC and SFA: </li></ul><ul><li>May change fees, upon mutual agreement, only in accordance </li></ul><ul><li>with the specifications in the </li></ul><ul><li>RFP/Contract and at the time of renewal </li></ul><ul><li>Explanation of the fee change </li></ul><ul><li>methodology must accompany renewal </li></ul><ul><li>application </li></ul>
    20. 20. Contract Renewal (cont.) <ul><li>TDA must approve the renewal documentation before the start of each school year </li></ul><ul><li>Without TDA approval, the School Food Authority may not be able to use Child Nutrition funds to pay its FSMC </li></ul>
    21. 21. Re-advertising the RFP/Contract <ul><li>SFA may choose to re-bid the </li></ul><ul><li>RFP/Contract at the end of the one year term </li></ul><ul><li>SFA must follow all steps listed for bid- </li></ul><ul><li>process </li></ul>
    22. 22. Contract Cancellation <ul><li>A SFA must notify TDA if it decides to return to a self-operated food service program </li></ul><ul><li>The notification must be: </li></ul><ul><li>in writing </li></ul><ul><li>signed by SFA </li></ul><ul><li>on official school letterhead </li></ul>
    23. 23. Conclusion <ul><li>If you have any questions about using a FSMC, please call 888-TEX KIDS (888-839-5437) </li></ul>
    24. 24. Texas Department of Agriculture Our services are provided through the Texas Department of Agriculture’s Food and Nutrition Program funded by the U.S. Department of Agriculture, Food & Nutrition Division. In accordance with federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. To file a complaint of discrimination, write: USDA, Director, Office of Adjudication and Compliance, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.

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