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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 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.

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