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This memorandum serves as a reminder for non-School Food Authority (SFA) Child and Adult Care Food Program (CACFP) sponsors of the program regulations regarding the Procurement and State Agency oversight of sponsors with food service management companies (FSMC) or Vended Meal Agreements (VMA) that are operating under this program. During the annual renewal period for CACFP, ODE will be ensuring FSMC contracts and VMAs are in compliance with program regulations. It is the responsibility of program sponsors to be in compliance with these requirements. These requirements can be found within the program regulations at 7 CFR 226.21 Food service management companies.
CACFP Program regulations define a FSMC as:
Food service management company means an organization other than a public or private nonprofit school, with which an institution may contract for preparing and, unless otherwise provided for, delivering meals, with or without milk for use in the Program.
By this definition, any sponsor who utilizes a Vended Meal Agreement must comply with these requirements as well.
As required by 7 CFR 226.21, all FSMC contracts or VMAs must be competitively procured and comply with CACFP program procurement requirements found in 7 CFR 226.22. ODE must oversee these procurements to determine that all meal purchases with food service management companies conform with bid and contractual requirements.
Sponsors who contract with FSMC or provider of vended meals who is not a public or private nonprofit school must use ODE standard contract as required by 7 CFR 226.6(i). If any other form of contract is used, or if sponsors or FSMC’s wish to add provisions to the standard contract, they must first gain ODE approval.
More information will be coming for sponsors who this oversight would apply to before the annual CACFP renewal period.
Any questions can be directed to your assigned child nutrition specialist or CNP (Child Nutrition Programs) Procurement Compliance Specialist Jared Puckett at 971-208-2407 or Jared.Puckett@ODE.Oregon.gov.
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