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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 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:, 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:

This institution is an equal opportunity provider.

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