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contract renewal with food service management companies fsmc

Learning Objectives. Know length of FSMC contracts and renewals in ColoradoWhen a contract change requires a re-bid not a renewalWhat required documents to submitDeadlines in order to have contract ready for School Year 2011-12. Length of FSMC Contracts. The USDA and Colorado do not allow contracts of more than one year durationTerm of contract is from July 1 of school year to following June 30FSMC contracts may be renewed 4 additional years.

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contract renewal with food service management companies fsmc

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    1. Contract Renewal with Food Service Management Companies (FSMC) School Year 2011-12 Jan Bodnar, RD CDE Nutrition Unit

    3. Length of FSMC Contracts The USDA and Colorado do not allow contracts of more than one year duration Term of contract is from July 1 of school year to following June 30 FSMC contracts may be renewed 4 additional years

    4. Decision to Renew FSMCs and SFAs make the decision annually to renew If not renewing, contact CDE to issue new RFP or to change to self-operation Basis for renewing the contract, including price increase provisions must be stated in the contract

    5. Renew or Re-bid? “Non-material” changes can be renewed Alterations/amendments cannot result in substantive changes to the contract Material changes must result in new procurement process

    6. Material Change or Not? Material Change: Would bidders have bid differently if the condition had existed at the time of the bidding? Any proposed contract extension must comply with the requirements in 7CFR 210.16(a)(1), 210.21(a) and Part 3016 for maximum open and free competition http://www.access.gpo.gov/nara/cfr/waisidx_10/7cfr210_10.html http://www.gpo.gov/fdsys/pkg/CFR-2009-title7-vol15/pdf/CFR-2009-title7-vol15-sec3016-36.pdf

    7. Material = Re-bid Adding new programs Changing menu-planning option Change of initial guarantee Guideline: >5% budget impact

    8. Non-material = renewal likely Per meal cost increases based on measurable index within original contract Approved meal price increase by SFA Enrollment/site changes

    9. Required Renewal Documents Renewal Addendum Checklist Required Addendum Language Non-delegable Duties District Contact List Certificate of independent price determination Suspension/Debarment Certificate Lobbying Certificate Disclosure of Lobbying Copy of the full contract & applicable contract extension: provided by FSMC & SFA

    10. Required Renewal Documents Completed documents are due at CDE Nutrition Unit by May 13, 2011 Allows time to complete and approve by the start of the school year All documents are available at: http://www.cde.state.co.us/cdenutritran/nutriFSMC-ContractRenewal.htm

    11. Financial Terms When establishing the management fee as called for in the contract, the Consumer Price Index for the Denver area-food away from home for 2010 is 205.38, a percent change of 1.3% over 2009.

    12. Renewal Addendum Checklist Complete all required documents on the checklist. Complete and sign the renewal addendum checklist Submit entire packet to Jan Bodnar, RD, Senior Consultant CDE Nutrition Unit 201 East Colfax Ave. Denver CO 80203-1799

    13. Addendum Required Language Checklist The addendum for renewal of the contract must contain specific language Identify in the checklist where the required language is located in the addendum Checklist must be signed by the FSMC and School Business official.

    14. Non-Delegable Duties Non-delegable duties are those which the SFA maintains responsibility. These are duties that the SFA cannot assign to the FSMC The checklist is a SFA acknowledgement of all the SFA responsibilities for the non-profit school food service fund.

    15. School District Contacts Helps to get the message to the right person the first time! Complete all contact sections please! Try to notify CDE if contact changes are made during the year

    16. Certificate of Independent Price Determination Certifies there was no collusion, conspiracy and other illegal activities in arriving at the prices! FSMC states: not being investigated or been liable or guilty in the past 3 years in bidding on public contracts SFA states: have taken no action to jeopardize the independent price determination

    17. USDA Suspension & Debarment Certification Read the instructions! The FSMC certifies that no principals have been debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from the transaction by and Federal Dept or agency Or attaches an explanation if cannot

    18. Certification Regarding Lobbying Required for grants, contracts, etc. >$100,000 in Federal Funds Certifies that no federal appropriated or other funds were or will be paid to influence any federal agency staff, member, officer or employee of Congress If so, complete Disclosure of Lobbying Activities

    19. Disclosure of Lobbying Activities Follow instructions as applicable Complete form to disclose lobbying activities pursuant to 31 U.S.C 1352

    20. Submit Required Documents No later than May 13, 2011 Earlier is welcome! Please contact Jan Bodnar at 303-866-6306 or bodnar_j@cde.state.co.us with any questions!

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