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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office of P-20 Education Policy
Child Nutrition Program Administration
89 Washington Avenue, Room 375 EBA, Albany, NY 12234
Phone: (518) 473-8781 Fax: (518) 473-0018
To: 
School Business Officials/Administrators, School Food Service Directors/Managers
From: 
Frances N. O'Donnell, Coordinator
Date: 
Tuesday, June 3, 2008
Subject: 
Procedures to Follow When Using a Food Service Management Company-Walkthrough/Bidding

Any public school that intends to use a Food Service Management Company (FSMC) to run their food service operation must competitively bid for services. A non-public school, jail or residential child care institution participating in a Child Nutrition Program that wants to use a management company to manage their food service operation in whole or in part must competitively bid for those services.

It has come to our attention that school food authorities (SFAs) are scheduling walk-through visits at schools where the Child Nutrition Program is going out to bid, before the bid documents are distributed to the FSMCs interested in bidding. The requirements of the bid specification and agreement must be known to all potential bidders at the time the work site is examined, in order to provide a level playing field for all potential bidders, which includes the incumbent FSMC. The goal of competitive bidding is to provide a level playing field for all potential bidders. Creating an advantage for one potential bidder is clearly inappropriate. Failure to follow this procedure will result in the contract not being approved by our office and the SFA will be required to properly re-bid for the service.

If you have any questions regarding these requirements, please contact Jamie McMillian or Linda St. Pierre at 518-473-1525. 

USDA Nondiscrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

  1. mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  2. fax:
    (833) 256-1665 or (202) 690-7442; or
  3. email:
    Program.Intake@usda.gov

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.

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