RFP

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SCHOOL NUTRITION PROGRAMS

FOOD SERVICE MANAGEMENT COMPANY

School Year 2026-2027

REQUEST FOR PROPOSAL

SOLICITATION NO (RFP No.): RFP-2526-003

School Food Authority (SFA)

KIPP TEXAS PUBLIC

SCHOOLS

SFA address 10711 KIPP Way Houston, TX 77099

SFA Phone number 2102386727

SFA Phone Extension

SFA Fax number N/A

Date Issued 02/20/2026

Proposal due date 04/09/2026

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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, disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be 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 or TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program complaint of discrimination, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, 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:

program.intake@usda.gov

This institution is an equal opportunity provider.

https://www.usda.gov/sites/default/files/documents/ad-3027.pdf mailto:program.intake@usda.gov

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TABLE OF CONTENTS

I. PURPOSE

II. NOTICE TO PROSPECTIVE OFFERORS

A. Legal Notice B. FSMC Registration C. Inquiries/Request for Information D. Procurement Method E. Pre-Proposal Meeting

III. PROPOSAL CONTENT AND SUBMISSION

A. Proposal Content B. Proposal Submission Requirements C. Late Proposals D. Altering, Amending, or Withdrawing Proposal E. Rejection of Proposals F. Computation of Time

G. Financial Documents and Reporting Currency H. Firm Offer

IV. EVALUATION AND AWARD

A. Evaluation Criteria B. Basis of Award C. Proposal Protest Procedures

V. GENERAL CONTRACT TERMS

A. Contract Terms and Renewals B. Changes and Amendments C. Contract Documents D. TDA Review

VI. ADDITIONAL STANDARD TERMS AND CONDITIONS

A. Scope and Purpose B. Food Service C. Use of Advisory Group/Menus D. Purchases and Geographic Preference E. USDA Foods F. Employees

G. Use of Facilities, Inventory, Equipment, Storage, and Utilities H. Health Certifications/Food Safety/Sanitation I. Financial Terms J. Books and Records K. Termination L. Insurance M. Trade Secrets and Proprietary Information N. Summer Food Service Program (SFSP) O. Certifications P. Miscellaneous

AGREEMENT

Exhibits

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PURPOSE

KIPP TEXAS PUBLIC

SCHOOLS

, herein referred to as the School Food Authority (SFA), is responsible for operating the U.S. Department of Agriculture’s (USDA) School Nutrition Programs (SNP) in schools under its jurisdiction, pursuant to a permanent agreement with the Texas Department of Agriculture (TDA). To help carry out this responsibility, the SFA is soliciting proposals for school food service management services for the 2026-2027 School Year.

This Request for Proposal (RFP) is for a fixed-price contract and sets forth the terms and conditions applicable to the proposed procurement. The Offeror is herein referred to as the Food Service Management Company (FSMC). The FSMC will provide services to the SFA as described in the Scope of Work of the RFP and will manage and operate a nonprofit school food service for the SFA according to the SNP requirements of USDA and TDA.

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NOTICE TO PROSPECTIVE OFFERORS

1. Legal Notice

All costs involved in submitting a response to this RFP shall be borne in full by the party incurring said cost. Offerors or their authorized representatives are expected to fully inform as to the conditions, requirements, and specifications before submitting proposals. Failure to do so will be at the Offeror’s own risk and therefore cannot secure relief on a plea of error.

Any contract that may arise from this RFP will be between the selected FSMC and SFA. Non-Federal funds must be used to pay for any cost incurred before signing the contract.

The SFA strongly encourages Historically Underutilized Businesses (HUB), Minority and Women Business Enterprises (MWBE), and labor surplus area vendors to compete for this RFP.

2. FSMC Registration

Pursuant to 7 CFR §210.19(a)(5), all FSMCs that wish to contract for food service with any SFA within the State must register with TDA.

Only proposals from Offerors on the TDA approved FSMC Vendor List of registered companies operating within the State for the school year specified in the RFP may be considered. The approved list is located here.

3. Inquiries/Request for Information

If additional information or clarifications are required to respond to this RFP, contact Maricela Arredondo (employee name), the SFA's Procurement Manager (job title) by telephone at 2102386727 or by email at maricela.arredondo@kipptexas .org

Any additional information regarding this RFP must be shared with all the Offerors in a written addendum.

4. Procurement Method

The SFA is conducting this procurement by the Request for Proposals (RFP) competitive procurement method. All procurement transactions shall be conducted in a manner that provides maximum full and open competition consistent with 2 CFR Part 200.

Discussions may be conducted with responsible Offerors who submit proposals determined to be reasonably susceptible to be selected for award, for the purpose of clarification, to assure full understanding of all terms and conditions of the response to this RFP and contract requirements. In conducting these discussions, there shall be no disclosure of any information derived from proposals submitted by competing Offerors.

5. Pre-Proposal Meeting

A meeting with interested Offerors to review the specifications, clarify any questions, and for a walkthrough or tour of the facilities with school officials will be held:

Pre-Proposal Meeting Yes No

In person on 03/12/2026 (date) at 09:00 AM (time) CST (time zone), at the following address:

8915 Callaghan Rd, San Antonio, TX 78230 on March 13th .

1545 S Ewing Ave., Dallas, TX 75216 on March 16th 10711 KIPP Way, Houston, TX 77099 on March 12th

Attendance is mandatory .

Note: If the SFA mandates the Offerors attendance, then the SFA may not waive this requirement.

Vendor presentations will not be scheduled at this time.

https://www.squaremeals.org/Programs/National-School-Lunch-Program/Food-Service-Management-Companies

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PROPOSAL CONTENT AND SUBMISSION

A. Proposal Content

1. Prepare proposals simply and economically. Provide a straightforward concise description of the Offeror’s capability to satisfy the SFA’s requirements. Emphasis should be placed on completeness and clarity of content.

2. Submit proposals for performing all services described within the RFP. The SFA will not consider any deviations from these specifications and will reject such proposals.

3. To be considered for award of the contract, the Offeror must submit a complete response to this solicitation using the forms provided. No modification may be made to the RFP document or the forms.

4. The SFA may reject a proposal if the proposal is conditional or incomplete, deemed nonresponsive, or if it contains any alterations or other irregularities of any kind. Any additional terms and conditions attached to or contained in a proposal submitted in response to this RFP will not be considered and may result in disqualification of the proposal. Value- added responses (i.e., an offer of goods and/or services using general terms rather than addressing the expectations specifically defined in the RFP) and overly responsive proposals (i.e., an offer of a good and/or service that is not solicited in the RFP) shall not be considered.

5. Inclusion of any false or misleading information shall be sufficient cause for the rejection of the proposal or termination of any subsequent contract.

6. To be eligible for evaluation, a proposal must include all information and vendor signatures where required and adhere strictly to the format set forth below; failure to do so may result in disqualification. Offerors must complete, label, and separate each section, and number all pages.

Proposals must not include vendor marketing or promotional materials. The selected proposal will comprise the final contract between the FSMC and the SFA. The content and sequence of the proposal will be as follows:

Section 1–Administrative Requirements

Tab A

Cover letter signed by authorized representative, which must include:

Name and address of the FSMC.

Federal Employer Identification Number (EIN) and Corporate Identification Number, if applicable.

Name, title, phone number, fax number, and e-mail address of the representative who will be designated as the primary liaison to the SFA.

Name, title, phone number, and e-mail address of the representative(s) authorized to bind the Offeror in a contract, if different from the primary liaison.

A statement expressing the Offeror’s willingness to perform the services described in the RFP.

A statement expressing the Offeror’s ability to perform the services required in the Scope of Work, including availability of staff and other required resources to meet all deliverables as described in the RFP.

A statement regarding the Offeror’s proprietary information; if applicable, the Offeror must clearly mark in the upper right-hand corner those pages to be considered proprietary (Note: Offeror cannot consider the entire proposal to be proprietary).

The following certification: By signing this cover letter, I (we) certify that the information contained in this proposal is accurate, and all attachments required to be submitted as part of the proposal is certified to be true and binding upon our company.

Tab B Table of Contents - a comprehensive Table of Contents that lists all submitted proposal sections, subsections, attachments, and materials.

Section 2–Required Attachments

Tab C Firm Offer–signed by authorized representative.

Tab D Offeror’s contact information for emergency notifications and other notices.

Tab E Exhibit E: Schedule of FSMC Employees Part 2 (if applicable)

Tab F Exhibit G: Price Proposal Form

Tab G Exhibit J: Anti-Collusion Affidavit

Tab H Exhibit K: Certification Regarding Lobbying

Tab I Exhibit L: Disclosure Form to Report Lobbying Activities

Tab J Exhibit N: Independent Price Determination Certificate

Tab K Exhibit P: FSMC Certification of Acknowledgement – completed and signed by the authorized representative

Tab L Exhibit Q: Non-delegable School Food Authority Responsibilities-signed by the authorized representative

Tab M Exhibit R: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts Definitions

– signed by the authorized representative

B. Proposal Submission Requirements

The Offeror shall submit the proposal to the SFA as indicated by the check boxes below. Check appropriate boxes

Hardcopy (Mail/Hand Delivery) number of copies. The hardcopy(ies) of the proposal are to be submitted in a sealed envelope marked “FSMC Proposal” with the RFP/Solicitation number. Delivery instructions below.

Name and Title:

Maricela Arredondo Procurement Manager

Mailing Address:

8915 Callaghan Rd

Physical Address:

8915 Callaghan Rd

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City:

San Antonio

State/Zip:

Texas 78230

Email proposal to:

Maricela.Arredondo@kipptexa s.org

SFA system - provide instructions

KIPP Texas utilizes the Bonfire procurement system. The process includes registration at https://kipptexas.bonfirehub.com/portal/?tab=openOpportunities to upload your proposal.

Proposals will be received by the SFA until 11:00 AM CST (Time), on 04/09/2026 C. Late Proposals

Proposals will not be accepted after the submission deadline specified in the Proposal Submission Requirements above. The SFA will not consider late proposals under any circumstances and shall return unopened proposals to the respective Offerors.

D. Altering, Amending, or Withdrawing Proposal

No proposal may be altered, amended, or withdrawn after the deadline for submitting proposals.

E. Rejection of Proposals

Proposals that do not conform to the requirements of this RFP shall be rejected. Proposals may be rejected for reasons that include, but are not limited to:

The proposal was received after the submission deadline;

The proposal was not signed by an authorized representative of the FSMC;

The proposal contained unauthorized amendments, deletions, or contingencies to the requirements of the RFP, or deleted or altered the terms of the RFP;

The proposal did not contain the approved amendments or contingencies to the RFP requirements.

The proposal was incomplete.

The SFA reserves the right to reject any or all proposals for reasonable cause which shall be documented in the SFA’s procurement records, or to reject any or all proposals if deemed in the best interest of the SFA. If the costs of all proposals are excessive, the SFA is not required to award a contract.

F. Computation of Time

Days means calendar days unless otherwise specified. In computing any period of time, if the last day of the period so computed is a Saturday, Sunday, or legal holiday, the period shall run until the next day which is not a Saturday, Sunday, or legal holiday.

G. Financial Documents and Reporting Currency

Financial documents required by this RFP to be submitted must be expressed in US dollars.

Documents submitted will be kept confidential and used only for the purposes of determining fiscal viability by the SFA.

H. Firm Offer

By submitting a response to this RFP, and if such response is not withdrawn before the time for opening proposals, the Offeror understands and agrees that it is making a firm offer to enter into a contract, which may be accepted by the SFA, and which will result in a binding contract. Such proposal is irrevocable for ninety (90) days after the time for opening proposals has passed.

(Initial) mm/dd/yyyy (Date)

FSMC must initial and date here to show agreement.

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EVALUATION AND AWARD

1. Evaluation Criteria

Proposals received by the published deadline will be reviewed to ensure all materials have been submitted as specified in the RFP. Proposals that fail to address all requirements or fail to include all completed forms and signed certifications will be considered nonresponsive and disqualified from further consideration. A proposal is considered responsive if it follows the required format, includes all attachments, and meets all deadlines and other requirements outlined in this RFP.

Responsive proposals will be evaluated using the weighted criteria stated in the RFP. Proposals will be evaluated by a committee consisting of the SFA employees and representatives familiar with the terms and conditions of the RFP criteria and the evaluation process.

2. Basis of Award

The selection for contract award will be based on the evaluation criteria set forth below, as well as the cost for all deliverables, goods, services, and/or work specified in this RFP. The award will be made to a qualified and responsible Offeror whose proposal is most advantageous to the SFA’s School Nutrition Program (SNP), price and other factors considered, with price as the primary factor. A responsible Offeror is one whose financial, technical, and other resources indicate an ability to perform the services required.

In determining to whom to award a contract, the SFA is not limited to selecting the proposal with the lowest cost but may consider other factors such as: (1) the extent to which the goods or services meet the SFA’s needs; (2) indicators of probable vendor performance under the contract such as past vendor performance, the current FSMC’s past vendor performance with the SFA, the FSMC’s financial resources and ability to perform, or the FSMC’s experience or demonstrated capability and responsibility; and (3) any other relevant factor specifically listed in the RFP. While price is not the sole basis for the award, price shall be the primary consideration in the selection of the award. If vendor presentations are part of the evaluation criteria, they must be scheduled for all responsive vendors prior to award.

Evaluation Criteria (a minimum of 5 criteria must be listed)

Maximum Points

Cost - minimum awarded points is 25 and must be the highest points allocated. 25

Years of Experience in working with School Nutrition Programs (1 point per year; 10 points for 10 or more years). 10

Guarantee if requested in RFP (Offering a guarantee in excess of the amount requested will result in the disqualification of the vendor/proposal. Offering a guarantee less than the amount requested, at the district’s discretion, will result in no points for this criterion or disqualification of the vendor/proposal.) – 5 points

Taste Testing presentation and results 15

References 10

Total Points (must total 100) 100

3. Proposal Protest Procedures

Pursuant to 2 CFR §200.318(k), the SFA’s protest procedures are attached to this RFP as Exhibit H.

Financial Conditions/Stability, Business Plan

Personnel Management/Staffing Considerations

Promotion of the CNP/Student Engagement

Choose an item

Choose an item

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GENERAL CONTRACT TERMS

1. Contract Terms and Renewals

a. Unless terminated in accordance with Section VI, Subsection K, the Contract will be in effect for a period of one year commencing on July 1, 2026, and terminating on June 30, 2027. The Contract may be renewed for up to four (4) additional one-year periods, with the term of the renewal commencing on July 1st following the expiration of the preceding one-year term of the Contract, upon mutual agreement between the SFA and the FSMC and subject to fulfillment of all contract terms designated herein.

b. Renewal contracts may not be effective prior to the final approval date by TDA and signed by both parties.

c. Failure to have renewal contracts fully executed prior to the contract expiration will lapse this Contract and require the SFA to re-bid the Contract.

d. Renewal year contracts are contingent upon the fulfillment of all contract provisions. If TDA determines during an Administrative Review and/or

Procurement Review, or audit of the SFA’s operations of the school food service that the FSMC is not meeting contractual obligations and is responsible for non-compliance of program regulations, TDA may decline to approve a renewal contract.

e. The SFA’s policies, practices, and service requirements shall remain materially consistent throughout the contract term and in any subsequent contract renewals. The term materially consistent shall mean that a change does not (1) materially increase the FSMC’s cost of providing management services or (2) materially decrease the net revenue derived from the food service operations.

2. Changes and Amendments

a. Material changes to the Contract are not permitted and will require the contract to be rebid.

b. Any changes to the terms or conditions of the Contract which are required by federal, or state laws or regulations are automatically incorporated into the Contract without written amendment and shall become effective on the date specified in such law or regulation.

c. Price Adjustments. Adjustments to meal prices will not be allowed in the initial term of the Contract. Upon mutual agreement of the SFA and

FSMC, the fixed price per meal/meal equivalent may remain the same or be adjusted (increased or decreased) on an annual basis for each subsequent year of the Contract. Such price adjustments shall not exceed the Yearly Percentage Change in the Consumer Price Index (CPI) for All Urban Consumers, Food Away from Home, National Average, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Fee adjustments for the upcoming Contract renewal year must use the CPI approved by TDA. No other fee increases or fees will be allowed, unless approved by TDA. Price adjustments shall be by amendment in writing and executed by both parties to the Contract.

3. Contract Documents

The complete contract will include the RFP (including any approved amendments or addenda thereto) and the required proposal documents submitted by the FSMC, as outlined in Section III, Subsection A, paragraph 6, of this RFP.

4. TDA Review

The Contract may not be executed until it is approved by TDA in writing. Costs incurred prior to TDA’s approval may not be paid using federal child nutrition funds.

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ADDITIONAL STANDARD TERMS AND CONDITIONS

The following definitions shall apply within this document and its attachments:

1. “Accounting Periods” is defined as monthly

2. “Allowable Cost” is defined as costs that are allowable under 2 CFR Part 200, Subpart E, "Cost Principles."

3. “Applicable Credit” as defined in 2 CFR 200.406(a).

4. “Direct Cost” is defined as any Allowable Cost that is: (i) incurred by the FSMC in providing the goods and services that are identified in the SFA’s Food

Service Budget; and (ii) reasonably necessary in order for the FSMC to perform the Services hereunder.

5. “Effective Date” is specified as July 1, 2026.

6. “Fixed-Price” is defined as an agreed-upon amount that is fixed at the inception of the Contract. Within a Fixed-Price Contract, the FSMC is the purchasing agent. The SFA is charged one Fixed- Price. Included in the Fixed-Price are:

a. Menu development specific to the operation,

b. Food Expense (if applicable),

c. Nutrition education materials and program expense,

d. Design services specific to the operation,

e. Education programs via assembly programs, schoolroom programs, parent/teacher meetings, and school food advisory committee meetings,

f. Personal representation, visitation, and coverage on a regular basis by a principal of the FSMC,

g. All accounting,

h. All payroll costs and documentation,

i. Administrative dietetic, sanitation, and personnel advice,

j. All costs incurred in hiring and relocating, if necessary, the FSMC management team,

k. All training costs for the FSMC employees,

l. All travel costs for training for the FSMC employees, and

m. All miscellaneous costs to operate the program, (e.g., consumable marketing materials, posters, menu templates, proprietary printed materials).

7. “FSMC’s Proposal” is defined as Food Service Management Company’s response to the RFP.

8. “Material Change” is defined as any change made to a contract after it has been awarded that alters the terms and conditions of that contract substantially enough that had other vendors known of these changes in advance, they could have proposed differently and more competitively (USDA Contracting with Food Service Management Companies – Guidance for School Food Authorities-May 2016).

9. “Meal Equivalent” (ME) is a standard unit of measurement derived from converting non- program (e.g., à la carte, catering, concessions, adult meals) sales.

10. “Meal Equivalency Factor” (MEF) is the rate (previous year federal free reimbursement rate + meal certification + State Match + USDA Foods assistance rate) used in the statistical formula used to convert non program sales into meal equivalents for billing purposes for Fixed Rate Contracts.

The MEF formula is à la carte sales (Non program revenue) / meal equivalency factor. (Contracting with Food Service Management Companies:

Guidance for School Food Authorities, May 2016).

11. “Non-profit School Food Service Account” is defined as the restricted account in which all of the revenue from all food service operations conducted by the SFA principally for the benefit of school children is retained and used only for the operation or improvement of the Nonprofit School Food Service Account.

12. “Program(s)” or “School Nutrition Program(s)” is defined as the USDA School Nutrition Programs in which the SFA participates.

13. “Program Funds” is defined as all funds that are required to be deposited into the Nonprofit School Food Service Account.

14. “RFP” is defined as the SFA’s Request for Proposal, # RFP-2526-003 (Solicitation/RFP #) and all its attachments.

15. “Services” is defined as the services and responsibilities of the FSMC including any additional service as described in the RFP.

16. “SFA” or “School Food Authority” as defined in 7 CFR §210.2.

17. “SFA’s Food Service Budget” is defined as the Food Service Budget for the Current School Year.

18. “SFA’s Food Service Facilities” is defined as the areas, improvements, personal property, and facilities made available by the SFA to the FSMC for the provision of the food services, as outlined in Section VI, Subsection G, Use of Facilities, Inventory, Equipment, Storage, and Utilities, of this RFP.

19. “SFA’s Food Service Program” is defined as the preparation and service of food to the SFA’s students, staff, employees, and authorized visitors, as outlined in Section VI, Additional Standard Terms and Conditions, of this RFP.

20. “SFA’s Food Service Location(s)” is defined as the schools or other locations where Program meals are served to the SFA’s school children.

21. “Summer Program” is defined as either the Summer Food Service Program or the Seamless Summer Option as outlined in Section VI, Subsection A, Scope and Purpose, of this RFP.

22. “TDA” is defined as the Texas Department of Agriculture.

23. “USDA” is defined as the United States Department of Agriculture, Food and Nutrition Service (FNS).

24. “USDA Foods” is defined as USDA-purchased foods provided to eligible SFAs participating in the National School Lunch (NSLP) programs; foods can be fresh, direct delivery or processed.

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A. Scope and Purpose

1. During the term of the Contract, the FSMC shall operate the SFA’s Food Service Program in conformance with the SFA’s agreement with the TDA’s Food and Nutrition Division (F&N). The FSMC shall comply with the rules, regulations, policies, and instructions of TDA and USDA, and any additions or amendments thereto, including but not limited to, 7 CFR Parts 210, 215, 220, 245, 250; 2 CFR Parts 180, 200, 400, 416, 417, and 418; and 7 CFR Parts 225 (SFSP) and 226 (CACFP), as applicable.

2. The selected FSMC shall have the exclusive right to operate the programs listed in Exhibit G at the sites specified in the form titled - Schedule of Food Service Locations and Services Provided, which is attached to this RFP as “Exhibit A” and fully incorporated herein. Please note that the SFA may not add additional programs to its operations after this contract has been awarded. Since material changes to the RFP and contract are not permitted, the solicitation scope identifies and encompasses all the program(s) and nonprofit food service activities that the FSMC may be involved in during the term of the contract (initial term and renewals, if any). Proposals must be inclusive of all the programs and services requested in the RFP. In addition, the SFA may remove school nutrition programs from its operations due to school closures or projected decreases in enrollment if indicated in special circumstances within Exhibit A.

Yes No Program National School Lunch Program (NSLP) Complete Exhibit M

Community Eligibility Provision (CEP)

Special Provision 2 (P2)

NSLP After-school Care Program (ASCP) Complete Exhibit M

Seamless Summer Option (SSO) Complete Exhibit M

(SSO) Breakfast Complete Exhibit M

(SSO) Lunch Complete Exhibit M

(SSO) Snack Complete Exhibit M

School Breakfast Program (SBP) Complete Exhibit M

Breakfast in the Classroom Complete Exhibit M

Special Milk Program (SMP)

Disaster Feeding

Summer Food Service Program (SFSP) Complete Exhibit M

SFSP Breakfast Complete Exhibit M

SFSP Lunch Complete Exhibit M

SFSP Snack Complete Exhibit M

SFSP Supper Complete Exhibit M

Child and Adult Care Food Program (CACFP)

CACFP Traditional Breakfast (Child care centers only) Complete Exhibit M

CACFP Traditional Lunch (Child care centers only) Complete Exhibit M

CACFP Traditional Snack (Child care centers only) Complete Exhibit M

CACFP At-Risk Snacks Complete Exhibit M

CACFP At-Risk Lunch (Weekends and Holidays only) Complete Exhibit M

CACFP At-Risk Supper Complete Exhibit M

CACFP At-Risk Breakfast (Weekends and Holidays only) Complete Exhibit M

Non-Program

Catering

Concessions (operated by the FSMC)

Vending (FSMC supplied food for machines)

À la carte/Adult Meals/Alternate or Unpaid Meals

3. The FSMC’s operation of the SFA’s Food Service Program shall include the performance by the FSMC of all the Services described in this RFP, as a resource to, and for the benefit of the SFA’s students, faculty, and staff.

4. The SFA and the FSMC agree that the Contract is neither a cost-plus-a-percentage-of- income nor a cost-plus-a-percentage-of-cost contract as required under 7 CFR §210.16(c) and 2 CFR §200.324(d).

5. If there is more than one SFA Food Service Location, the SFA shall conduct an on-site review of the counting and claiming system at each SFA Food Service Location no later than February 1st of each year. The SFA shall always retain responsibility for the counting and claiming system (reference: 7 CFR §210.8(a)(1)).

6. The SFA reserves the right, at its sole discretion, to sell or dispense food or beverages, provided such use does not interfere with the operation of the School Nutrition Programs.

7. The FSMC shall comply and cooperate with the SFA in promoting nutrition education, health, and wellness policies, and coordinating the SFA's Food Service Program with classroom instruction.

8. Gifts from the FSMC: The SFA’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, nor anything of monetary value from contractors nor potential contractors in accordance with all laws, regulations, and policies. To the extent permissible under federal, state, or local laws, rules, or regulations, such standards shall provide for appropriate penalties, sanctions, or other disciplinary actions to be applied for violations of such standards as outlined in the SFA’s written code of conduct (reference: SP 09-2015; and 2 CFR §§200.112 and 200.318).

9. Any additional payments to the SFA or any foundations or organizations associated with the SFA that are unrelated to food services, such as money or rebates for school improvements and student scholarships, are not allowable.

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B. Food Service

1. The FSMC shall serve meals on such days and times as aligned to the SFA approved calendar and the nutrition programs the SFA has indicated in Section VI, Subsection A, Scope and Purpose, in this document as requested by the SFA.

2. The SFA shall retain control of the quality, extent, and general nature of food service.

3. The FSMC shall offer free, reduced-price, and full-price reimbursable meals to all eligible children participating in SFA’s Food Service Programs indicated in Section VI, Subsection A, Scope and Purpose, Paragraph 2 herein.

4. For an FSMC to offer à la carte food service, the FSMC must offer free, reduced-price, and paid reimbursable meals to all eligible children.

5. The FSMC shall provide meals for all programs operated by the CE that meet the meal pattern set by USDA. TDA provides detailed information on applicable meal patterns in the NSLP/SBP Administrator’s Reference Manual (ARM), Complete CACFP At risk Afterschool Care Centers Handbook, Complete CACFP Child Care Center Handbook, and SFSP Supplemental Handbook available on the TDA website www.squaremeals.org.

6. The FSMC shall receive no payment for meals that are spoiled or unwholesome at the time of serving, which does not meet the detailed specifications for each food component or menu item in accordance with 7 CFR §210.16(c)(3), or that do not otherwise meet the requirements of the contract.

7. The FSMC shall promote maximum participation in the Programs.

8. The FSMC shall provide the specified types of service in the schools/sites listed in Exhibit A.

9. The FSMC shall sell on the premises only those foods and beverages authorized by the SFA and only at the times and places designated by the

SFA, and that meet SNP requirements.

10. The FSMC must make substitutions in the food components of the meal pattern for students with disabilities when their disability restricts their diet as stated in the students’ Individual Educational Plans (IEPs) or 504 Plans and when the need for the substitution is certified by an appropriately licensed medical professional. Substitutions for disability reasons must be made on a case-by-case basis only when supported by a written statement of the need for substitutions that include recommended alternate foods unless otherwise exempted by FNS. Such a statement must be signed by an appropriately licensed medical professional (reference: 7 CFR §210.10(m)(1)(i); SP 40-2017; SP 26-2017; and SP 59-2016). The FSMC may make a substitution for those nondisabled students who cannot consume regular breakfast or lunch because of medical or other special dietary needs. Accommodations for special dietary needs for students without medical disabilities are an SFA decision. If a substitution is made to accommodate the special dietary needs of one student, the same accommodation must be made for all students with the same dietary need. There will be no additional charge to the student for such substitutions (7 CFR §210.10(m)). (USDA, “Accommodating Children with Special Dietary Needs in the SNP Guidance for School Food Service Staff”).

11. The FSMC shall make substitutions for fluid milk for non-disabled students who cannot consume fluid milk due to medical or special dietary needs. Substitutions shall be made when a medical authority or student’s parent or legal guardian submits a written request for a fluid milk substitute identifying the medical or other special dietary need that restricts the student’s diet. Notification of fluid milk substitutions shall remain in effect until the medical authority or the student’s parent, or legal guardian revokes such request in writing, or the SFA changes its substitution policy for non-disabled students. Fluid milk substitutes shall provide nutrients as required by federal and state regulations. There will be no additional charge to the student for such substitutions (reference: 7 CFR §§210.10(d)(3) and 220.8).

12. The FSMC shall implement an accurate point of service count using the counting system provided by the SFA in its application to participate in the SNPs and approved by TDA for the programs listed in Section VI, Subsection A, Scope and Purpose, Paragraph 2, herein, as required under USDA regulations. Such a counting system must eliminate the potential for the overt identification of free and reduced-price eligible students under USDA Regulation 7 CFR §245.8(b).

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C. Use of Advisory Group/Menus

1. Advisory Groups

a. The SFA is responsible for the formation and establishment, and scheduling of periodic meetings of an SFA Advisory Board composed of students, teachers, and parents to assist in menu planning as provided in 7 CFR §210.16(a)(8).

b. The FSMC may participate in meetings of the SFA Advisory Board as deemed appropriate by the SFA; however, the FSMC shall not participate or be involved in developing a 21-day cycle menu for use in the SFA's solicitation for food service operations if the FSMC plans to respond to such solicitation.

2. Menus

a. The FSMC must serve meals that follow the 21-day menu cycles that meet the food specifications contained in Food Specifications, as identified in “Exhibit F” and fully incorporated herein, and that meet the SNP requirements. The 21-day cycle menus developed and provided by the SFA allow the FSMC to determine the bid price. These menus must be followed with no changes to specifications. The menus are attached to this RFP as “Exhibit M” and are fully incorporated herein. At a minimum, such food specifications shall include: (i) a recipe for each menu item that includes the total yield, portion size, ingredients, and all USDA-required nutrient information; (ii) the identity of all items that may be used in the meal including all crediting information for processed items served; and (iii) whenever possible, the grade, style, and condition of each food item and other information that indicates the acceptable level of quality for each food item. A hardcopy of these recipes shall be kept on file at the SFA.

b. The FSMC must follow: (i) the 21-day menu cycle and food specifications developed by the SFA for the NSLP; (ii) the 21-day menu cycle and food specifications developed by the SFA for the SBP; (iii) the 21-day menu cycle and food specifications developed by the SFA for the After-school Snack Program; and (iv) the 21-day menu cycle and food specifications developed by the SFA for the Summer Program (reference: 7 CFR §210.16(b)(1)) or any other program operated on behalf of the SFA. The FSMC shall not request any modifications to the initial 21-day menu cycle and must serve exactly what is specified and as is specified by the SFA. The FSMC agrees to reimburse the SFA for any disallowances resulting from noncompliance with the initial 21-day menu cycle.

c. The FSMC shall serve à la carte items that meet all state and federal SNP requirements. The FSMC shall provide documentation that demonstrates all non-program foods and meals, such as à la carte items, comply with all applicable SNP requirements.

d. The FSMC must adhere to the initial 21-day cycle menu. After the 21-day cycle, the FSMC may change or vary the menus for any program with prior written approval from the SFA. The SFA shall approve the menus no later than two weeks prior to service (reference: 7 CFR §210.16 and 210.10). Any changes or variances requested by an FSMC for substitutions to the SFA menu of lower quality food items shall be justified and documented in writing by the FSMC. The FSMC must maintain documentation for substitutions and justification of lower quality food items for the records retention period that is applicable to food production records and shall make such documentation available to the SFA, TDA, and USDA for review upon request (reference: 7 CFR §§210.16(c)(1) and 210.23).

e. The FSMC must submit an FFVP cycle menu based on the information contained in the 2004 Resource, Fruits and Vegetables Galore:

Helping Kids Eat More, (available from the FNS website, and as described in current guidance from USDA and TDA) if operated.

https://professionalstandards.fns.usda.gov/content/fruits-and-vegetables-galore-helping-kids-eat-more https://professionalstandards.fns.usda.gov/content/fruits-and-vegetables-galore-helping-kids-eat-more

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D. Purchases and Geographic Preference

1. Purchases

a. Whether the SFA conducts its procurement or whether the FSMC procures products on behalf of the SFA, the FSMC may not require any additional liability coverage, regardless of dollar value, beyond that which the SFA would require under procurements not involving the FSMC.

b. The FSMC must return the full value of USDA Foods to the SFA.

c. The FSMC shall complete such purchasing activities in a manner that does not result in duplication of services or expenses in accordance with 2 CFR §200.318(d). The FSMC and the SFA shall ensure that no conflict of interest exists between the third-party purchasing agent, if any, and the SFA’s contracted FSMC. The FSMC must not procure additional goods or services beyond what is stipulated in the Contract.

d. The SFA shall ensure the FSMC shall comply with all applicable competitive bidding and open competition requirements for such purchases, as set forth in 2 CFR Part 200, including but not limited to 2 CFR §§200.318-200.327.

e. The SFA and FSMC acknowledge that to the extent required by 7 CFR §250.17(e), 2 CFR Part 200, SP 38-2017, and SP 32-2019, the SFA must, to the maximum extent practicable, purchase only domestic food and food products for all SNPs that are produced and processed in the United States using over 51% domestic foods, by weight or volume. As required by the Buy American provision, all products must be of domestic origin as required by 7 CFR §210.21(d). A “domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR §210.21(d).

Exceptions to the Buy American provision should be used as a last resort; however, the SFA only may approve an alternative or exception -after the initial 21- day cycle menu in compliance with USDA regulations as reference in 48 CFR 25.104. Requests for exception must include the: a) Alternative substitute(s) that are domestic and meet the required specifications: i) Price of the domestic food alternative substitute(s), and ii) Availability of the alternative domestic substitute(s) in relation to the quantity ordered; and b) Reason for exception: limited/lack of availability or price (include price): iii) Price of the domestic food or food product; and iv) Price of the non-domestic food or food product that meets the required specification of the domestic food or food product.

f. The FSMC must track all non-domestic foods purchased on behalf of the SFA and must maintain a tracking mechanism to comply with the limit, or cap, on the percent of total non-domestic commercial food costs established by USDA. The tracking mechanism must be made available to the SFA. An optional tracker has been provided by USDA. (Reference: 48 CFR§ 25.104;7 CFR §250.17(e); 2 CFR §200.322; SP 38-2017; SP 32-2019; SP23-2024, 7CFR §220.16(d) and 7 CFR §210.21(d).

2. Geographic Preference To indicate a geographic preference, the SFA (MUST SELECT ONE):

For the contract, requires the FSMC to work with the SFA to establish a process for incorporating geographic preference in the procurement of unprocessed locally raised and locally grown agricultural products.

3. Fresh Fruit and Vegetable Program (if applicable)

a. If applicable, the FSMC shall document and track all FFVP expenses separately and make this documentation easily accessible for the SFA or TDA review. Cost should be broken into two categories: (1) Operational Cost and (2) Administrative Cost.

i. Operational costs should cover the primary cost to run the FFVP to include the purchase of fruits and vegetables, including the cost of pre-cut produce and delivery charges; non- food items or supplies that are used in serving and cleaning; and salaries and fringe benefits for employees engaged in preparing and distributing fresh fruits and vegetables and in maintaining a sanitary environment.

ii. Administrative costs are used principally to support planning and managing the program. The SFA is required to strictly scrutinize all requests for reimbursement of FFVP costs, to ensure that those costs are: (i) allowable; (ii) actual costs; (iii) fully documented; (iv) utilized to purchase fresh fruits and vegetables in accordance with applicable law and regulations; and (v) do not request reimbursement for more than 10% for Administrative Costs. TDA will monitor the SFA and the FSMC to ensure strict compliance with this provision.

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Ffns-prod.azureedge.us%2Fsites%2Fdefault%2Ffiles%2Fresource-files%2FSP23-2024a.xlsx&wdOrigin=BROWSELINK

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E. USDA Foods

1. The SFA shall retain title to all USDA Foods.

2. The USDA Foods in Schools program supports domestic nutrition programs and American agricultural producers through purchases of 100%

American grown and produced foods for use by schools and institutions participating in the National School Lunch Program among other programs.

3. The SFA shall ensure that all federally donated foods received by the SFA and made available to the FSMC accrue only to the benefit of the SFA’s nonprofit school food service and are fully utilized therein (reference: 7 CFR §210.16(a)(6)).

4. The SFA shall ensure USDA Foods or processed end products containing USDA Foods shall not be used for catering or special functions conducted outside of the nonprofit school food service operation.

5. The SFA shall assure that the maximum amount of USDA Foods is received and utilized by FSMC (reference: 7 CFR §210.9(b)(15)).

6. The SFA shall ensure the FSMC has credited the SFA for the value of all USDA Foods received for use in the SFA’s meal service in each School

Year, (including both entitlement and bonus foods) regardless of whether the USDA Foods have been used. The value of the USDA Foods received shall appear as a credit on the invoice for the month in which the donated food was received. This must include the value of USDA Foods contained in processed end products, in accordance with the contingencies in 7 CFR §250.51(a).

7. The SFA shall maintain final responsibility for management and oversight of the procurement for processing agreements, private storage facilities, or any other aspect of financial management relating to USDA Foods (reference: 7 CFR §§210.16 and 250.50(d)).

8. The FSMC will not itself enter into the processing agreement with the processor required in Subpart C of 7 CFR Part 250; 7 CFR §250.53(a)(8).

9. The FSMC will conduct all activities relating to USDA Foods for which it is responsible in accordance with 7 CFR Parts 250, 210, 220, 225, and

226, as applicable.

10. Crediting of USDA Foods (Direct Delivery, Processing, Department of Defense(DOD) Fresh Fruit and Vegetable program). FSMC shall credit SFA monthly for the value of USDA Foods using the following methods to determine the donated food values:

a. The value of USDA Foods contained in end products is the price of such foods as listed at the time of order on USDA’s Average Price file for the applicable program year (reference: 7 CFR §§250.50(c) and 250.53(a)(3)).

b. All refunds received from processors shall be credited on invoices as separate line item entries submitted to the SFA’s Nonprofit School Food

Service Account (reference: 7 CFR §250.51(a-b)).

c. The value of USDA Foods received through the DOD Fresh Fruit and Vegetable program is the price of such foods as listed at the time of order in USDA’s Fresh Fruit and Vegetable Order Receipt System (FFAVORS Catalog).

d. The value of USDA Foods received through Direct Delivery is the price of such foods as listed at the time of order on USDA’s Average Price file for the applicable program year.

e. The method used to determine the donated food values may not be revised or negotiated. Such revisions would result in a material change and necessitate rebidding the contract.

11. The FSMC must accept and use all USDA donated ground beef and ground pork products, and all processed end products in the SFA’s Food

Service Program, and must use all other donated foods, or commercially purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the donated foods, in the SFA’s food service (unless the contract specifically stipulates that the donated foods, and not such commercial substitutes, be used).

12. Upon termination of the Contract, or if the Contract is not extended or renewed

a. FSMC must return all unused donated ground beef, pork, and processed end products to SFA (reference: 7 CFR §§250.51(d), 250.52(c) and

250.53(a)(5)).

b. Upon termination of the Contract, the FSMC must, at SFA’s discretion, return other unused USDA Foods to the SFA.The value of other unused USDA Foods shall be based on the market value of all USDA Foods received for use in the SFAs food service. The market value shall be provided to the SFA by TDA (reference: 7 CFR §250.51(a)). The average material prices are listed by school year and used by processors participating in the USDA Foods processing program. The file provides the value of the material and is used on their Summary End Product Data Schedules.

13. The FSMC further agrees to accept and use all other USDA Foods in SFA’s food service. The FSMC may or may not use (substitute) commercially purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the USDA Foods, in SFA’s Food Service Program (reference: 7 CFR §250.53(a)(6)).

a. The SFA shall consult with the FSMC in the selection of USDA Foods; however, the final determination as to the acceptance of USDA Foods must be made by the SFA.

b. At the end of the year, the FSMC shall reconcile the value of USDA Foods received against credits provided on monthly invoices. The contractor shall provide final credit of any balance due to the SFA. The total credit given for USDA Foods in each year must equal the USDA Foods, including bonus foods, received to the SFA. The credits must also encompass any transfers from other SFA and/or the state agency accepted in excess of directly received USDA Foods.

14. The FSMC shall have records maintained and available to substantiate the receipt, use, storage, and inventory of USDA Foods.