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Additional Contract Provisions to Consider:
• Include language that FSMCs are required to conduct program operations in accordance
with program requirements and include any applicable FNS instructions, policy, and
regulatory citations (depending on what programs will be operated).
• If the solicitation includes a provision for the FSMC to procure food, supplies,
equipment, or other services, include in the contract that these items must be purchased in
compliance with Federal and Program procurement regulations. This includes meeting
Buy American requirements.7 CFR 210.21(d) and 220.16(d). SFAs should work with
their SA and ensure that their contract includes requirements around documenting
domestic food purchases, including the ability to separately identify these costs.
• Include language that the FSMC accepts liability caused by FSMC negligence for claims
assessed as a result of Federal/State reviews/audits, corresponding with the SFA’s period
of liability.
• Include language detailing FSMC responsibilities, as applicable:
o Maintaining pertinent records at the SFA for required retention period;
o Conducting nutrition education;
o Calculating program and non-program food revenue and expenditures; and/or
o Meeting professional standards training requirements.
• Include language that helps support the SFA’s contracting monitoring (e.g. periodic
requests for meal pattern compliance documentation, requiring the FSMC to participate
in regularly scheduled check-ins, etc.)
• Consider applying a geographic preference when procuring unprocessed locally grown or
locally raised agricultural products and may determine what areas are considered local.
• Consider adding a provision to allow for changes in meal delivery and packaging in case
of an emergency.
Awarding the Contract
• When the SFA solicits a proposal, the SFA must have a written method for conducting
technical evaluations and making selections of the proposals received.2 CFR
200.320(b)(2)(ii) and (iii). The SFA should:
o use evaluation criteria with a point system to rate each category;
o ensure that the weight given to the cost of deliverables is adequate to evaluate the
proposal. While cost is important, other factors can be considered as well, when
conducting the proposal method: and,
o award the contract to the bidder with the highest score.
• When the SFA solicits a sealed bid method, the SFA must award the contract to the most
responsible and responsive bidder with the lowest price.2 CFR 200.320(b)(1).
• SFAs must take affirmative actions necessary to ensure that minority businesses,
women/s business enterprises and labor area surplus firms are used, such as ensuring such
businesses are on the solicitation list.(2 CFR 200.321(a) and (b).
Monitoring the Contract
• The SFA should regularly communicate with the FSMC to ensure that the menus meet
meal pattern requirements. This could include requesting completed meal pattern
compliance worksheets, production records, and nutrient analyses. The SFA should also
set up process for receiving, reviewing, and monitoring these documents.