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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office of P-20 Education Policy
Child Nutrition Program Administration
89 Washington Avenue, Room 375 EBA, Albany, NY 12234
Phone: (518) 473-8781 Fax: (518) 473-0018
To: 
School Food Service Directors/Managers
From: 
Paula Tyner-Doyle, Coordinator
Date: 
Wednesday, November 16, 2016
Subject: 
SY 2016-2017 Procurement, Local Foods, Farm to School Webinar

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

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

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

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

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

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

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

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

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

USDA Nondiscrimination Statement

In accordance with federal civil rights law and 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 (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

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

To file a program discrimination complaint, 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.

Click here for Nondiscrimination Statement translations.

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