5-Parkway-Rebid-Final.pdf

Missouri Department of Elementary and Secondary Education, October 2025

MISSOURI DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

DIVISION OF ADMINISTRATIVE AND FINANCIAL SERVICES

FOOD AND NUTRITION SERVICES

FOOD SERVICE MANAGEMENT COMPANY (FSMC) COST + FEE

REQUEST FOR PROPOSAL (RFP) AND CONTRACT

Local Education Agency (LEA) Checklist for Contracting FSMC Services

Procedures to Follow Date Completed

1. RFP Prototype attached. All information in RED (pages 1-10 & 17) must be completed by LEA. All information in GREEN (pages 10-13) must be completed by the FSMC.

2. Submit RFP for review to:

Food and Nutrition Services Missouri Department of Elementary and Secondary Education P.O. Box 480 Jefferson City, MO 65102-0480 or E-Mail: kyle.heislen@dese.mo.gov

Questions, contact: Kyle Heislen at (573) 522-9849

3. Receive State Agency approval of RFP.

4. Advertise and mail RFP to prospective bidders. USDA suggests at least 60 days for RFP to be allowed from the time proposals are solicited to the time they are due.

5. Send State Agency a copy of the advertisement. Advertise in major newspaper/trade journals that are normally used by the LEA for publicizing other procurements. See advertisement example on the FSMC webpage.

6. Receive bids and select most advantageous bid, fully documenting evaluation process.

7. Send the below to the State Agency for review and approval before signing:

- selected RFP/contract - affidavit of publication

- evaluation sheets - menus

Allow at least two weeks for this process. LEA and FSMC must not sign prior to SA approval.

8. Receive State Agency contract signature and approval. State Agency will return the signed contract to LEA.

9. LEA and FSMC complete contract signature page (page 35) and submit to the State Agency. For LEA protection, FSMC operation must not commence until after date of contract signing.

10. State Agency sanctions final contract.

This checklist is provided to help LEAs ensure that all the required steps are followed when contracting with a

FSMC.

mailto:foodandnutritionservices@dese.mo.gov mailto:becky.hart@dese.mo.gov

COST + FEE

FOOD SERVICE MANAGEMENT COMPANY (FSMC)

REQUEST FOR PROPOSAL AND CONTRACT

Local Education Agency Name (LEA):

Agreement No.:

Send Sealed Proposal to:

LEA Contact Person

Street Address

City, State, Zip

Contact Phone #

All proposals must be received by:

Time

Date

To be filled in after contract awarded by LEA.

FSMC Awarded:

1. A pre-proposal meeting to review the RFP, to clarify any questions, and for a walk-through of the facilities with school officials on , , at Virtual tour to be provided via:

2. Proposals are to be submitted to:

LOCAL EDUCATION AGENCY (LEA) INFORMATION – (LEA COMPLETE PAGES 1-10 & 17)

This solicitation is for the purpose of entering into a contract for the operation of a food service program between the school/ district hereinafter referred to as the Local Education Agency (LEA) and the Food Service Management Company (FSMC).

Each bidder must submit a complete response to this solicitation using the forms provided. No other documents submitted with the Request for Proposal (RFP)/contract will affect the contract provisions. If the FSMC provides additional provisions they must be included on the RFP/contracts additional provisions page and they must be reviewed and approved by the State Agency.

LEA

Address

City, State, Zip

Email Address

3. Proposals must be submitted by

4. This contract shall become effective

. Proposals will not be accepted after the deadline. and terminate on June 30, 2027. The effective date may be different from July 1, but the termination date must be June 30. The effective date may not occur prior to the date on which the contract is signed.

5. The bid opening will be held on, , . Proposals will not be accepted after the deadline.

6. The FSMC shall conduct the food service in such a manner as will ensure compliance with the rules and regulations of the Missouri Department of Elementary and Secondary Education, Food and Nutrition Services Section, hereinafter referred to as the State Agency (SA) and the United States Department of Agriculture (USDA) regarding Child Nutrition Programs.

Check only the programs the LEA operates. If a program is added later (i.e., a breakfast program), the appropriate procurement procedures must be followed.

National School Lunch Program (NSLP) (Regular Term)

NSLP (Summer Term)

School Breakfast Program (SBP) (Regular Term)

SBP (Summer Term)

Seamless Summer Option (SSO)

After-School Snack Program (ASSP)

Child & Adult Care Food Program (CACFP) Administered by the Department of Health and Senior Services (DHSS)

Special Milk Program (SMP)

A la Carte

Adult Meals

Outside Catered Events

Fresh Fruit and Vegetable Program (FFVP)

USDA Foods (Commodities)

Summer Food Service Program (SFSP) Administered by DHSS full serving days.

If CACFP or SFSP are marked please see Appendix A

7. The contract charge for meal service is based on an estimated minimumnumber of

8. The LEA will will not require the FSMC to perform a security (background) check on any FSMCemployee.

Missouri Department of Elementary and Secondary Education, October 2025 hartr2 Highlight

9. The LEA must designate if current LEA employees, including site and area managers as well as any other staff, will be retained by the LEA or be subject to employment by the FSMC.

Employees retain by: LEA FSMC Both LEA and FSMC

10. LEA FSMC shall be responsible for any costs for the storage and delivery of federally USDA foods used by the food service program.

11. LEA FSMC shall be responsible for any costs resulting from the processing of federally USDA foods.

Vended On-site preparation 12. Type of food service preparation:

13.

16. Attach the LEA’s calendar for the current school year.

17. Attach participation information for lunch and/or breakfast and/or al a carte receipts from August through November of the prior school year broken down by each school.

18. The LEA will provide a 21-day menu cycle (lunch, breakfast and after school snack, as applicable). LEA's with no capability to prepare a 21-day menu cycle may, with state agency approval, require that each FSMC include a 21-day menu cycle,developed in accordance with the provisions of 210.10 & 220.8, with its proposal. The FSMC must adhere to the cycle for the first 21 days of meal service. Changes thereafter may be made with the approval of the LEA. (7 CFR 210.16 (b)(1))

LEA provides 21 day menu cycle

FSMC requested to provide 21 day menu cycle or .

Farm to School

The LEA will will not encourage the FSMC to explore the MO Farm to School Program and to make an effort to purchase fresh, locally grown food as allowed including the use of Geographic Preference in 7 CFR 210.21(g). The FSMC is encouraged to offer nutrition-based educational opportunities. The LEA request the FSMC provide participation information in the Farm to School Program:

a. Describe how the FSMC proposes to expand the LEA"s participation in the Missouri Farm to School Program.

b. Describe how the FSMC will give preference to small, minority, womens business.

c. Describe how the FSMC has demonstrated involvement and experience in farm to school.

Select one of the following:

14.

15.

Missouri Department of Elementary and Secondary Education, October 2025

The LEA shall provide the FSMC with a schedule of employees, positions, assigned locations, salaries, and hours to be worked on the Labor Worksheet (Page 7).

The LEA authorizes the FSMC to exclusively manage and operate on its behalf the school cafeterias, kitchens, snack bars, and related food facilities located within the premises of all LEA schools specified on LEA/Site Building Listing-General Data (Page 8).

The LEA may provide the FSMC with any General Information pertaining to the LEAs ( Page 4). This should provide any information that the LEA feels is important and will give the prospective bidder a clearer idea of how the district/school is set

up. e.g. Does the district participate in a provision (CEP or Provision 2), is a 4 day school week, opening and closing balance of the food service account, etc.

Include specific, allocable points for farm to school in the scoring criteria (page 9).

If additional information is required, please contact. The LEA must obtain written approval of the RFP by the SA before issuance.

dhickey Highlight

RFP/Contract Additional Provisions

Additional requests made by the LEA are to be included on this page. The additions are limited exclusively to insert clauses that cover issues not otherwise covered in the prototype. LEA additional RFP/contract provisions must be reviewed and approved by the State Agency.

LEA General Information

General Information for the LEA can be included on this page. This should provide any information that the LEA feels is important and will give the prospective bidder a clearer idea of how the district/school is set up.

e.g. Does the district participate in a provision (CEP or Provision 2), is a 4 day school week, opening and closing balance of the food service account

4 Missouri Department of Elementary and Secondary Education, October 2025

Division of Responsibilities for Food Service Program

Mark with an “X” those that will be the responsibility of the FSMC, the LEA, both LEA and FSMC or Not Applicable (NA).

COSTS FSMC LEA NA

Food Cost (food, condiments, beverages)

Food Purchasing Processing of Invoices Payment of Invoices Donated Food Inventory Control Storage/Delivery Charges of Donated Foods Inter-LEA Delivery of Donated Foods

Labor Cost Payment of Managers, and/or Supervisors:

Payment of Hourly Wage Employees Payroll Taxes of all Employees Preparation of all Employee Payroll Processing of all Employee Payroll Retirement for Contractor’s employees Unemployment Insurance for Contractor’s employees Workers’ Compensation for Contractor’s employees Health Insurance for Contractor’s employees Life Insurance and Disability for Contractor’s employees Holidays for Contractor’s employees Labor Charges for Supervision of Outside Groups using Facilities Student Labor (IF Any)

Other Purchased Services Telephone, local service Telephone, long distance Utilities (heat, power, water) Extermination Laundry

Removal of Trash and Garbage from Kitchen

Removal of Trash and Garbage from Premises Other

Supplies Disposable Service ware Cleaning Supplies Paper Supplies Uniforms Menu Paper Menu Printing Promotional Materials Nutrition Education and Materials Office Supplies Postage

Facilities Routine Cleaning of Cafeteria Walls and Floors Routine Cleaning of Kitchen Walls and Floors Periodic Waxing and Buffing of Floors Sanitation and Proper Use of Equipment Daily Cleaning of Cafeteria Tables and Chairs

Division of Responsibilities for Food Service Program

Capital Improvement FSMC LEA NA Painting

Other NSLP Free/Reduced Application Approval NSLP Free/Reduced Application Verification Records Supporting Reimbursement Claims Point-of-Sale Accountability Collection and deposit of Daily Cash Receipts Menu Development Menu Distribution Inter-LEA Deliver to Satellite Areas Vehicle Lease of Purchase Vehicle Maintenance Vehicle Fuel and Oil Vehicle Taxes Vehicle Insurance Vehicle Licenses Vehicle Registration Depreciation Audit fees Licenses/Permits Promotions Mileage Employee Physicals Sales Tax Performance Bond (if applicable) Liability Insurance

LABOR WORKSHEET

To be completed by the LEA for LEA employees pay rates for the school year.

SITE OR SCHOOL

EMPLOYEE NAME

(OPTIONAL) JOB TITLE

HOURLY

RATE ($) DAILY HOURS

NUMBER OF

DAYS PAID

TOTAL

ANNUAL

WAGE ($)

TOTAL LABOR $ 0

Retirement $

Substitute Pay $

7 Missouri Department of Elementary and Secondary Education, October 2025

LEA SITE/BUILDING LISTING – GENERAL DATA

Site/Building Name Address Grade Levels

Enrollment

Type of Meal Service

(vended or on-site prep)

# of serving periods

Beginning and Ending Times of Meal Service

Breakfast Lunch Snack

No. of Serving Days

CEP or Provision

II (list below)

Missouri Department of Elementary and Secondary Education, December 2022Missouri Department of Elementary and Secondary Education, December 2022

Evaluation and Award Process

After determining that a bid satisfies the mandatory requirements stated in the RFP, the LEA shall use both objective analysis and subjective judgment in conducting a comparative assessment of the bid. The LEA must evaluate the bids and must state in the RFP/ contract how they plan to evaluate the bids.

Weight Criteria points Price/Cost (Price must be primary factor) points Service Capability Plan points Experience, References points Financial, Condition/Stability, Business Practices points Accounting and Reporting Systems points Personnel Management points Innovation points Promotion of the School Food Service Program points Involvement of Students, Staff, and Patrons

(Must equal 100) Total

Additional items can be added under the criteria for a more precise evaluation.

While price alone is not the sole basis for award, price remains the primary consideration when awarding a contract under the competitive proposal method.

The LEA’s officers, employees, board members, or agents shall neither solicit nor accept gratuities, favors, nor anything of monetary value from contractors nor potential contractors. To the extent permissible under state law, rules, or regulations, such standards shall be provided for appropriate penalties, sanctions, or other disciplinary actions to be applied for violations of such standards.

Competition

All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. (2 CFR 200.319)

Some of the situations considered to be restrictive of competition include but are not limited to:

(1) Placing unreasonable requirements on firms in order for them to qualify to dobusiness;

(2) Requiring unnecessary experience and excessive bonding;

(3) Noncompetitive pricing practices between firms or between affiliated companies;

(4) Noncompetitive contracts to consultants that are on retainer contracts;

(5) Organizational conflicts of interest;

(6) Specifying only a ‘‘brand name’’ product instead of allowing ‘‘an equal’’ product to be offered and describing the performance or other relevant requirements of the procurement; and

(7) Any arbitrary action in the procurement process points points points points

Support for Missouri Farm to School

FSMC INFORMATION – (FSMC COMPLETE PAGES 10-13)

Cost + Fee Financial Agreements

FSMC COMPLETE THE BELOW INFORMATION

The financial arrangements between the LEA and FSMC for the management of the school food services are as follows, please select one of the following options:

Option A

The cost to the LEA per meal served during the 2026-2027 school year for the administrative fee will be:

The cost to the LEA per meal served during the 2026-2027 school year for the management fee will be:

The meal equivalent factor for the 2026-2027 school year will be: (State Mandates factor)

Option B

The cost to the LEA on a flat-fee monthly basis during the 2026-2027 school year for the administrative fee will be:

The cost to the LEA on a flat-fee monthly basis during the 2026-2027 school year for the management fee will be:

The meal equivalent factor for the 2026-2027 school year will be: (State Mandates factor)

The administrative fee and management fee will be subject to the percent change in the Consumer Price Index for All Urban Consumers- US City Average- Food Away from Home from May of the previous year to May of the current year, made at the time of contract renewal. The specific CPI used will be published in Federal Register Notice, Department of Agriculture, Food and Nutrition Service, National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/ Maximum Reimbursement Rates. The SA mandates the meal equivalent factor.

1. The said invoices submitted shall be payable monthly by the LEA. Finance and handling charge of % per month will be charged on any amount remaining unpaid after thirty days (30).

2. The solicitation and any resulting contract shall be governed in all respects by the laws of the State of Missouri. The contractor shall comply with applicable federal, state, and local laws and regulations. Any claim or action arising under this agreement/ contract shall have a venue in County, Missouri.

3. The FSMC shall provide the LEA with a schedule of employees, positions, assigned locations, salaries, and hours to be worked on the Labor Worksheet (Page 10).

Description and History of FSMC

Each FSMC shall furnish as part of their proposal a complete general description of experience in the field of school food service operations. Please include the following:

1. Name and address of FSMC.

2. The duration and extent of experience in the operation of school foodservices.

3. A list of similar operations and locations where FSMC is operating or has operated school food services. Give length of time, name, address, and telephone number of contact person of eachoperation.

4. A summary of the FSMC’s experience during the past 3 years of successfully operating a school food service program requiring nutritious meals that comply with applicable regulations.

5. A table of FSMC organization and a plan for the administrative management, supervision, and staffing proposed under the specifications of this contract.

LABOR WORKSHEET

To be completed by the FSMC for FSMC employees pay rates for the school year.

SITE OR SCHOOL EMPLOYEE JOB TITLE HOURLY RATE

DAILY HOURS NUMBER OF

DAYS PAID

TOTAL

ANNUAL

WAGE ($)

TOTAL LABOR $ 0

Retirement $

Substitute Pay $

11 Missouri Department of Elementary and Secondary Education, October 2025

CERTIFICATION REGARDING LOBBYING

Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts, Exceeding $100,000 in Federal Funds.

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

Name/Address of Organization

Name/Title of Submitting Official

Signature Date

RFP/Contract Additional Provisions

Additional requests made by the FSMC are to be included on this page. FSMC additional RFP/contract provisions must be reviewed and approved by the SA.

General Information – Terms and Conditions to be Included in RFP\Contract (Pages 13-27)

The LEA wishes to retain the FSMC to provide certain food and food related services at the sites specified by the LEA.

The contract is acknowledged by the LEA and FSMC to be satisfactory and adequate. Both parties agree as follows:

1. The food service program provided shall be operated and maintained as a benefit to the LEA students, faculty, and staff.

2. The FSMC must give evidence of financial stability.

3. The FSMC must be licensed to do business in the State of Missouri.

4. Award shall be made to a qualified and responsible offer whose proposal is most responsive to this solicitation. A responsible offer is one who’s financial, technical, and other resources indicate an ability to perform the services required by this solicitation.

5. The FSMC or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so will be at the FSMCs own risk and cannot secure relief on the plea of error.

6. The LEA is not liable for any cost incurred by the FSMC prior to the signing of a contract by all parties. Paying the FSMC from the Child Nutrition Program funds is prohibited until the contract is approved by the SA, and signed by both parties.

7. Provisions for equipment purchases that entail repayment to the FSMC over a period in excess of one year are not permitted.

8. No oral interpretation will be made to any FSMC as to the meaning of the RFP. Any oral communication will be considered unofficial and non-binding on the LEA. Unauthorized contact by the FSMC with other LEA employees or LEA Board Member regarding the RFP may result in disqualification. Each request for such interpretation shall be made in writing to the LEA. Every interpretation made to the FSMC will be in the form of an addendum to the specification, mailed to each FSMC, and will be on file at the school. All such addenda shall become part of the final contract and FSMC shall be bound by such addenda.

9. In the event the contract initially awarded by the LEA is terminated for any reason within 120 days of the due date for proposals, the LEA reserves the right to accept any other submitted proposal in conformance to the requirements of this solicitation including submission by the original date by which such proposals wheredue.

10. A material change is a change that, had other bidders known of the change at the time they submitted their responses, would have caused them to bid differently. In this instance, the LEA should publish a new solicitation that accounts for anticipated changes in labor fees and award a new contract for the next school year. Scenario: fees requested by a FSMC that are in addition to the fixed price as agreed to in a contract awarded through means of an (a) IFB or (b) an RFP cannot be paid from the nonprofit school food service account (NSFSA). The additional fees represent a material change to the contract.

Intent

1. The FSMC shall conduct the food service in such a manner as will ensure compliance with the rules and regulations of the SA and the USDA regarding Child Nutrition Programs.

2. The LEA is prohibited from entering into contracts that are on a “cost-plus-a-percentage of cost” or “cost-plus-a- percentage of-income” basis.

3. If the LEA determines that significant changes are necessary, the LEA must rebid the contract. The following changes would normally not substantially change the contract.

Number of schools - new schools added;

Changes in enrollment - decreased and increased in student enrollment and the corresponding change expected in participation;

Changes in meal prices charged to students by LEA - meal price changes (determined by the LEA);

Cost increases - cost increases limited to a measurable index (such as the Consumer Price Index for all Urban Consumers).Examples of substantive changes which could require the LEA to rebid the contract include; the addition of a program, such as the SBP; major changes to the formula for determining meal equivalency; a major shift in responsibilities for the LEA/FSMC staff.

Economic price adjustment - subject to the percent change in the CPI. The specific CPI must be used for all additional fees requested by the FSMC. Contract management would require that the LEA verifies all increase/decrease in price adjustment.

4. If a material change takes place, the LEA must rebid the contract. A material change is an change that , had other bidders known of the change at the time they submitted their responses, it would have caused them to bid differently. Examples may include the addition of a program such as Afterschool Snack Program, or a major shift in responsibilities for the LEA/FSMC staff.

5. The FSMC shall cooperate with the LEA in promoting nutrition education and coordinating the LEA’s food service with classroom instructions.

6. The LEA reserves the right to maintain present food and beverage vending machines in its facilities.

7. The FSMC will be required to use the LEA’s point of sale software. Information regarding the software will be available at the pre-bid conference.

8. The FSMC shall be an independent contractor and not an employee of the LEA. The employees of the FSMC shall not be employees of the LEA.

9. The FSMC shall provide additional food service, such as banquets, parties, refreshments for meetings, etc, as requested by the LEA. The LEA or requesting organization will be billed for the actual cost of food, supplies, labor, and the FSMC’s overhead and administrative expense if applicable to providing such service. USDA donated foods shall not be used for these special functions.

10. This contract constitutes the entire agreement between the LEA and the FSMC and may not be changed, extended orally, or altered by cause of conduct.

11. No provision of this contract shall be assigned or subcontracted without prior written consent of the LEA.

12. Any agreement between the LEA and the FSMC shall be subject to approval by the SA.

Duration and Termination

1. This contract shall be for duration of no longer than one year; and options for the yearly renewal of a contract may not exceed four (4) additional years. (7 CFR 210.16(d).

2. Either party may cancel for cause with 60 day notification. (7CFR210.16(d))

3. Any amendment, addendum, and/or renewal to the contract shall become effective at the time specified and must be sent to the SA.

Neither the FSMC nor the LEA shall be responsible for any losses resulting if the fulfillment of the terms of the contract is delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, or any other acts which could not have been prevented by the exercise of due diligence.

Ensure that the SA has reviewed and approved contract terms and that the LEA has incorporated all SA required changes into the contract or amendment before any contract or amendment to an existing FSMC contract is executed. Any changes made by the LEA or FSMC to a SA pre-approved prototype contract or SA approved contract term must be approved in writing by the SA before the contract is executed. When requested, the LEA must submit all procurement documents, including responses submitted by potential contractors, to the SA, by the due date established by the SA.

(7 CFR 210.16(a)(10))

Cost + Fee Financial Agreements

1. All administrative/management fees shall be specifically stated in this contract. Such fees may be calculated on cents per meal or flat fee basis. The FSMC will operate, administer, and manage the food service for the LEA in accordance with the financial arrangements as set forth in this section. Meal equivalent to be used is mandated by the SA.

2. All program expenses not otherwise defined in the contract will be assumed to be covered by the FSMC under the administrative fee. All indirect and overhead costs must be included in the administrative fee.

3. The following must be included in the administrative fees and may not be charged in any other expenses. Any travel relating to the following must be covered by the administrative fee.

• Personnel and labor relation services and visitation

• Legal department services

• Purchasing and quality control

• Technical research

• Cost incurred in hiring and relocating FSMC management personnel

• Dietetic services (administrative and nutritional)

• Test kitchens

• Accounting and accounting procedures

• Tax administration

• Technical supervision

• Supervisor personnel and regular inspections or audit personnel

• Teaching and training programs

• General regional support

• General national headquarters support

• Design services

• Menu development

• Information technology and support

• Payroll documentation and administrative cost

• Sanitation

• Personnel advice

4. The management fee represents the profits and other fees not covered under administrative fees.

5. The following definitions are provided to clarify allowable direct costs:

a. Food is defined as and limited to those items purchased for use in the preparation and service of student, adult, catered and a la carte meals as specified under terms and conditions this includes the cost of donated foods handling and warehousing charges.

b. Labor is defined as and limited to on-site employees responsible for the management, preparation, service, and clean-up of meals.

c. Contracted Services are costs incurred to pay for a service provided by another company. Typical cost would be laundry services, pest control, and periodic maintenance services. Those cost normally recognized as a part of the FSMC administrative cost cannot be separately contracted for and charged to the LEA account.

d. Transportation Cost is cost incurred in operating a food service delivery vehicle. These would include gas, oil, tune-ups, and minor repairs. Cost of the purchase of the vehicle would be a capital expense.

e. Nonfood Expenses are defined as paper supplies (including decorations), equipment rental, cleaning materials, travel as required for effective program management, uniforms, printing, taxes and licenses, insurance, and as contractually obligated herein. Products embossed with the FSMC logo are not to be considered allowable direct cost items.

6. Total meals are calculated by adding reimbursable meals and meal equivalents. The per meal management fee will be multiplied by total meals. The per meal administrative fee will be multiplied by total meals.

7. Goods purchased become the property of the LEA, should not be company specific, and must be used solely to benefit the LEA. Reimbursement for cost of goods will be the actual purchases as documented by invoices less all discounts and rebates taken by the company. Where rebates are not made directly to the FSMC without designation to specific FSMC accounts, the FSMC will prorate the discount and credit the LEA.

8. The LEA shall ensure that the FSMC fully discloses all discounts, rebates, allowances, and incentives received by the FSMC from its suppliers. If the FSMC receives a discount, rebate, allowance, or incentive from any supplier, the FSMC must disclose and return to the LEA the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the LEA. All discounts, rebates, allowances, and incentives must be returned to the LEA on a monthly basis.

9. The FSMC shall submit an invoice to the LEA weekly based upon the actual number of meals served during that calendar week, or monthly based upon the actual number of meals served during the calendar month multiplied by the daily rates for the total billing. Please check one of the following:

Monthly Weekly

10. The LEA’s failure to pay as invoiced shall constitute a breach of the contract. In the event any invoice is unpaid for more than 45 days, the FSMC shall have the right upon ten (10) days written notice to terminate performance under this contract. The LEA further agrees to pay all costs of collection of amounts due including a reasonable attorney’s fee. Waiver by FSMC of the right to terminate for one or more late payments shall not constitute waiver of FSMC’s rights for future late payments.

Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms (2 CFR200.321)

Food Service Management Company Responsibilities

1. The FSMC shall comply with the rules, regulations, policies, and instructions of the SA and USDA and any additions or amendments thereto, including USDA Regulation 7 CFR Part 210, 220, 245, 250, 3016, 3017, 3018, and3019.

2. The FSMC shall not sell or offer on the premises of any school, any food, or beverage item other than the prescribed meals except those a la carte items authorized by the LEA.

3. The FSMC shall serve, on such days and at such times as requested by the LEA:

a. Lunches, breakfasts, and after school snack priced as a unit, which meet the requirements prescribed by USDA.

b. Milk, served to all children.

c. Other foods as may be agreed upon by the FSMC and the LEA.

4. The FSMC shall serve free and reduced-priced meals, after school snacks or free milk to those children designated by the LEA.

5. The FSMC is required to make meal modifications for students with a disability. Substitutions are made on a case-by-case basis and must be supported by a medical statement describing the student’s physical or mental impairment. The medical statement must be signed by a medical authority (Physician – M.D. or D.O., Physician Assistant, Assistant Physician or Nurse Practitioner).

The FSMC is permitted to make meal modifications for a student without a disability if the modification can be made within the meal pattern.

6. The FSMC shall participate in the parent, teacher, and student advisory boards.

7. The FSMC shall implement the collection procedures as specified by the LEA.

8. The FSMC shall deposit daily all monies in the LEA account.

(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

(b) Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the

Minority Business Development Agency of the Department of Commerce; and

(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

Missouri Department of Elementary and Secondary Education, October 2025 jrooks Cross-Out

9. The FSMC shall prepare and maintain such records as the LEA will need to support its claim for reimbursement, and shall, at a minimum, report claim information to the LEA at the end of each calendar month. (7 CFR 210.16(c)(1))

10. The FSMC agrees to provide the LEA with necessary financial information, to include detailed breakouts of all income and expenditure categories for reporting to the SA.

11. The FSMC shall not use LEA facilities for preparation of food to be served at any location other than for the LEA’s approved program without the permission of the LEA.

12. Allowable costs will be paid from the nonprofit LEA food service account to the contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the LEA.

13. The FSMC must separately identify for each cost submitted for payment to the LEA the amount of that cost that is allowable and the amount this is unallowable.

14. The FSMC must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated cost in a manner suitable for contract cost determination and verification.

15. The FMSC must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the LEA for payment and individually identify the amount as discount, rebate, or in the case of other applicable credits, the nature of the credit.

16. The FSMC must identify the method by which it will report discounts, rebates, and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract.

17. The FSMC must maintain documentation of costs and discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract. If food or meals are proposed to be prepared outside the school, the FSMC shall maintain State and local health certification of their facility, and shall maintain this health certification for the duration of the contract. (7CFR 210.16(c)(2))

18. If reimbursement is denied as a direct result of the failure of the FSMC to comply with the provisions of this contract, the FSMC shall assume responsibility for the amount denied.

19. The FSMC must provide to the LEA a breakdown of charges for the district in order for the LEA to complete the Financial Report. If the LEA participates in the Summer Feeding Program with DHSS those charges must be kept separate.

20. However, no school or school food authority may contract with a food service management company to operate an a la carte food service unless the company agrees to offer free, reduced price and paid reimbursable lunches to all eligible children.(7CFR 210.16(a)).

21. The contractor’s determination of its allowable costs must be made in compliance with the applicable Departmental and Program regulations and Office of Management and Budget cost circulars. (7CFR 210.21(f)(1)(iii))

1. The LEA shall ensure that FSMC operation of the LEA’s school food service is in conformance with the LEA’s agreement under the program. (7CFR 210.16(a)(2))

2. The LEA shall retain control of the quality, extent and general nature of its food service and the prices to be charged to the children for meals, milk, after school snack, a la carte items, adult meals, and vending machine items, as applicable.(7CFR 210.16(a)(4))

3. The LEA must receive all food service revenue, including rebate payments resulting from participation in the Rebate Program offered through the State of Missouri Commodity Processing Program for processed donated foods. The food service revenue shall flow through the LEA chart of accounts. The food service revenue shall be used only for the LEA nonprofit food service. (7CFR 210.14 (a))

4. The LEA shall monitor the food service program, by using the FSMC Monitoring Form, through periodic on-site reviews to include the inspection of meals, food preparation, storage and service areas, sanitation practices, and procedures for accurately counting and claiming meals. (7CFR 210.16 (a)(3))

5. The LEA shall retain the right to approve the menus and recipes for meals and other food to be served or sold to students to ensure compliance with the rules and regulations of the SA and the USDA. LEA must retain records for approved menus and recipes for meals and productions records showing compliance with all rules and regulations of the SA and the USDA.

6. The LEA shall approve all a la carte items and the prices charged for those items in advance of their sale by the FSMC.

7. The LEA shall ensure that an advisory board composed of parents, teachers, and students to assist in menu planning is established. (7CFR 210.16(a)(8)

8. The LEA shall retain signature authority on the SA-LEA agreement, free and reduced price policy statement and claims for reimbursement. (7CFR 210.16(a)(5))

9. The LEA has responsibility for developing, distributing, and collecting free and reduced price letter/application. (7CFR 245.10(a)) The LEA also has responsibility for determination of eligibility, conducting hearings, and for verification.

(7CFR 245.6(a), 245.6(b), 245.7)

10. The LEA is responsible for participation in Direct Certification.

11. The LEA shall ensure applicable health certification(s) is maintained and that all State and local regulations are being met by FSMC preparing or serving meals at LEA’s facilities. (7CFR210.16(a)(7))

12. The LEA shall conduct annual reviews regarding storage and inventory management of donated USDA foods. The annual review shall include a physical inventory reconciled with the inventory records maintained by the LEA and FSMC. (7 CFR 250.14(e))

13. The LEA shall inform FSMC of any requested adjustments to menus and monitor implementation of said adjustments.

14. The LEA shall be responsible for resolution of program review and audit findings.

15. The LEA reserves the right to cancel or shorten any school day and agrees to give FSMC at least twenty-four (24) hours advance notice of such changes except in an emergency when as much advance notice as possible will be given.

16. The LEA ensures that any invitation to bid or request for proposal indicate that nonperformance subjects the FSMC to sanctions in instances that the FSMC violates or breaches the terms of the contract. Sanctions may include a specific time to correct the violation or breach, withholding payment to the FSMC or termination of the contract. The LEA shall ensure that any sanctions are in accordance with the procurement provisions stated in 210.21.

LEA Responsibilities

USDA is an Equal Opportunity, Provider, Employer and Lender

National School Lunch Program Meal Pattern

Grades K-5 Grades 6-8 Grades 9-12

Food Components Amount of Fooda per Week

(minimum per day)

Fruits (cups)b 21⁄2 ( 1⁄2 ) 21⁄2 ( 1⁄2 ) 5 (1)

Vegetables (cups)b 33⁄4 ( 3⁄4 ) 33⁄4 ( 3⁄4 ) 5 (1)

Dark greenc 1⁄2 1⁄2 1⁄2

Red/Orangec 3⁄4 3⁄4 11⁄4

Beans and peas (legumes)c

1⁄2 1⁄2 1⁄2

Starchyc 1⁄2 1⁄2 1⁄2

Otherc d 1⁄2 1⁄2 3⁄4

Additional Vegetables to Reach Totale

1 1 11⁄2

Grains (oz eq)f 8-9 (1) 8-10 (1) 10-12 (2)

Meats/Meat Alternates (oz eq) 8-10 (1) 9-10 (1) 10-12 (2)

Fluid milk (cups)g 5 (1) 5 (1) 5 (1)

Other Specifications: Daily Amount Based on the Average for a 5-Day Week

Min-max calories (kcal)h 550-650 600-700 750-850

Saturated fat (% of total calories)h

<10 <10 <10

Sodium Interim Target 1 (mg)h ≤ 1,230 ≤ 1,360 ≤ 1,420

Sodium Interim Target 1A (mg)h i ≤ 1,110 ≤ 1,225 ≤ 1,280

Trans fath Nutrition label or manufacturer specifications must indicate zero grams of trans fat per serving.

a Food items included in each group and subgroup and amount equivalents. Minimum creditable serving is 1⁄8 cup.

b One-quarter cup of dried fruit counts as 1⁄2 cup of fruit; 1 cup of leafy greens counts as 1⁄2 cup of vegetables. No more than half of the fruit or vegetable offerings may be in the form of juice. All juice must be 100% full-strength.

c Larger amounts of these vegetables may be served.

d This category consists of “Other vegetables” as defined in paragraph (c)(2)(iii)(E) of this section. For the purposes of the NSLP, the “Other vegetables” requirement may be met with any additional amounts from the dark green, red/orange, and beans/peas (legumes) vegetable subgroups as defined in paragraph (c)(2)(iii) of this section.

e Any vegetable subgroup may be offered to meet the total weekly vegetable requirement.

f At least 80 percent of grains offered weekly must meet the whole grain-rich criteria specified in FNS guidance, and the remaining grain items offered must be enriched.

g All fluid milk must be fat-free (skim) or low-fat (1 percent fat or less). Milk may be flavored or flavored, provided that unflavored milk is offered at each meal service.

h Discretionary sources of calories (solid fats and added sugars) may be added to the meal pattern if within the specifications for calories, saturated fat, trans fat, and sodium. Foods of minimal nutritional value and fluid milk with fat content greater than 1 percent are not allowed.

i Sodium Interim Target 1A must be met no later than July 1, 2023 (SY 2023-2024).

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

School Breakfast Program Meal Pattern

Grades K-5 Grades 6-8 Grades 9-12

Food Components Amount of Fooda per Week

(minimum per day)

Fruits (cups)b c 5 (1) 5 (1) 5 (1)

Vegetables (cups)b c 0 0 0

Dark green 0 0 0

Red/Orange 0 0 0

Beans and peas (legumes) 0 0 0

Starchy 0 0 0

Other 0 0 0

Grains (oz eq)d 7-10 (1) 8-10 (1) 9-10 (1)

Meats/Meat Alternates (oz eq)e 0 0 0

Fluid milkf (cups) 5 (1) 5 (1) 5 (1)

Other Specifications: Daily Amount Based on the Average for a 5-Day Week

Min-max calories (kcal)g h 350-500 400-550 450-600

Saturated fat (% of total calories)h <10 <10 <10

Sodium Target 1 (mg) ≤ 540 ≤ 600 ≤ 640

Trans fath Nutrition label or manufacturer specifications must indicate zero grams of trans fat per serving.

a Food items included in each group and subgroup and amount equivalents. Minimum creditable serving is 1⁄8 cup.

b One-quarter cup of dried fruit counts as 1⁄2 cup of fruit; 1 cup of leafy greens counts as 1⁄2 cup of vegetables. No more than half of the fruit or vegetable offerings may be in the form of juice. All juice must be 100% full-strength.

c Schools must offer 1 cup of fruit daily and 5 cups of fruit weekly. Vegetables may be substituted for fruits, but the first two cups per week of any such substitution must be from the dark green, red/orange, beans/peas (legumes), or “Other vegetables” subgroups, as defined in §210.10(c)(2)(iii) of this chapter.

d At least 80 percent of grains offered weekly must meet the whole grain-rich criteria specified in FNS guidance, and the remaining grain items offered must be enriched. Schools may substitute 1 oz. eq. of meat/meat alternate for 1 oz.

eq. of grains after the minimum daily grains requirement is met.

e There is no meat/meat alternate requirement.

f All fluid milk must be fat-free (skim) or low-fat (1 percent fat or less). Milk may be unflavored or flavored, provided that unflavored milk is offered at each meal service.

g The average daily calories for a 5-day school week must be within the range (at least the minimum and no more than the maximum values).

h Discretionary sources of calories (solid fats and added sugars) may be added to the meal pattern if within the specifications for calories, saturated fat, trans fat, and sodium. Foods of minimal nutritional value and fluid milk with fat content greater than 1 percent milk fat are not allowed.

Afterschool Snack Requirements for grades PK through 12.

Snacks served through the NSLP Afterschool Snack Service must include full servings of two of any of the above four food components.

Children age 12 and older may be served larger portions based on their greater food needs. They may not be served less than the minimum quantities listed in this column.

Full-strength vegetable or fruit juice may count towards the entire vegetables or fruit component.

Grains/Breads must be whole grain or enriched, or made from whole grain or enriched flour or meal that may include bran and/or germ. Cereal must be whole grain, enriched, or fortified.

Either volume (cup) or weight (oz), whichever is less.

A serving consists of the edible portion of cooked lean meat or poultry or fish.

Alternate protein products must meet requirements in Appendix A of 7 C.F.R. § Part 210.

Nuts and seeds are generally not recommended to be served to children ages 1-3 since they present a choking hazard. If served, nuts and seeds should be finely minced.

Yogurt may be plain or flavored, unsweetened or sweetened – commercially prepared.

Juice may not be served at snack when milk is served as the only other component.

Meal Components1 Pre-K K-12

Milk Fluid milk 4 fl oz (1/2 cup) 8 fl oz (1 cup)

Vegetables or Fruit2, 9 Juice2, 9, fruit, and/or vegetable

1/2 cup 3/4 cup

Grains/Breads3, 4 (Select one)

Bread 1/2 slice 1 slice

Cornbread/biscuit/roll/muffin 1/2 serving 1 serving

Cold dry cereal4 1/3 cup or 1/2 oz 3/4 cup or 1 oz

Cooked cereal grains 1/4 cup 1/2 cup

Pasta/noodles 1/4 cup 1/2 cup

Meats/Meat Alternates5, 6, 7 (Select one)

Meat/poultry/fish5 1/2 oz 1 oz

Alternate protein products6 1/2 oz 1 oz

Cheese 1/2 oz 1 oz

Egg (large) 1/2 large egg 1/2 large egg

Cooked dry beans/peas 1/8 cup 1/4 cup

Peanut/other nut/seed butters 1 Tbsp 2 Tbsp

Nuts and/or seeds7 1/2 oz7 1 oz

Yogurt8 2 oz (1/4 cup) 4 oz (1/2 cup)

PRESCHOOL BREAKFAST MEAL PATTERN

1 Must serve all three components for a reimbursable meal.

2 Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent) or unflavored fat-free (skim) milk for children two through five years old. Must be unflavored low-fat (1 percent), unflavored fat-free (skim), or flavored fat-free (skim) milk for children six years old and older.

4 Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day.

5 At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do not count towards meeting the grains requirement.

6 Meat and meat alternates may be used to meet the entire grains requirement a maximum of three times a week.

One ounce of meat and meat alternates is equal to one ounce equivalent of grains.

7 Beginning October 1, 2019, ounce equivalents are used to determine the quantity of creditable grains.

8 Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal).

9 Beginning October 1, 2019, the minimum serving size specified in this section for ready-to-eat breakfast cereals must be served.