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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 Food Service Directors/Managers
From: 
Paula Tyner-Doyle, Coordinator
Date: 
Wednesday, November 16, 2016
Subject: 
SY 2016-2017 Procurement, Local Foods, Farm to School Webinar

1.   How does SED review procurement during a procurement review when the SFA uses a Food Service Management Company?

SFAs need to provide SED with all documentation related to the Food Service Management Company contract.

2.   The SFA conducted a cost analysis of their menus and went out to bid with three different vendors. If the SFA finds one vendor who meets all the needs of the specifications, can the SFA stay with that vendor or do they have to go back out to bid on a weekly basis or each time the product is ordered?

The contract duration should be determined by the SFA and included in the specifications initially.

3.   If a SFA is using a Food Service Management Company, does the Food Service Management Company provide the Procurement Policy? Does the SFA need a policy as in depth as the Food Service Management Company for selections and bidding?

The SFA is responsible for having its own procurement policy. The procurement policy should include definitions, basic organizational concepts, source selection, specifications, Buy American provision, minority/women owned business, and a Code of Conduct policy.

4.   The lowest bidder will only deliver products to one of my buildings and not all 5. Should I still award the contract to this vendor since they were the lowest bid?

No. The lowest bidder in this scenario was not responsive to all the requirements specified in the bid; therefore the lowest bidder is disqualified.

If you have any questions, please contact the Child Nutrition Program Office at 518-473-8781 or E-mail: cntraining@nysed.gov.

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.

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