Skip to main content

A La Carte Contracts

The Child Nutrition Program Administration (CNP) is required to review and approve FSMC contracts for Districts that do not participate in the Federally funded Child Nutrition Programs. NYSED no longer provides a prototype Type III (A La Carte) contract for Districts to use. However, NYSED is able to provide previous versions of the prototype contract for Districts to use as a guide when preparing bid specifications. Districts wanting to utilize a FSMC for cafeteria services must send in their bid proposal to the CNP office prior to letting bids. The proposal will be evaluated to ensure the contract will be in the best interest of the District. The District is required to utilize an Invitation for Bid, awarding the contract to the lowest responsive and responsible bidder. Districts must clearly communicate the scope of the services required by the FSMC in their bid specifications. When developing these specifications, it is required that Districts outline the acceptable format for the FSMC to bid on the contract (fixed management fee plus cost of food, per meal management fee, annual management fee, etc.).

The Department's Office of Counsel has ruled that the Governing Board of the District must purchase all food and non-food items in accordance with General Municipal Law §103 and Part 114 of the Regulations of the Commissioner of Education (8 NYCRR Part 114). Competitive bidding for all food and non-food items is a way of confirming that the FSMC takes advantage of the best price the marketplace has to offer. 

  1. The SFA must advertise bids in the official paper or newspaper with general circulation in the community.
  2. The SFA must open and read bids in the place and time advertised.
  3. The FSMC can submit a bid to supply any food or non-food item. 

USDA Nondiscrimination Statement

In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

  1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410;
  2. Fax: (202) 690-7442; or
  3. Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

Top