Vendors & Contracted Services

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Vended Meals Contract  

Companies preparing and delivering meals to school divisions or community organizations (sponsors) are vended meal facilities operating under a vended meals contract. Vended meals facilities may also develop menus and menu production records. Any additional services provided that may constitute food service management need to be solicited and procured as a Food Service Management Company (see the Food Service Management Companies section). Vended meal contracts may allow for up to four renewals before going back out to bid.

Vended meal facilities may not access individual student meal eligibility information, collect meal payments, conduct point of service meal counts, provide program oversight, collect claim data, or act as an employee of or agent for the sponsor.

MOU Sponsor/Site Agreement

A Memorandum of Understanding (MOU) Sponsor/Site Agreement is used when sponsors provide meals to an unaffiliated site, not participating in the Child Nutrition Programs. The sponsor claims the meals, but the meals are served at the unaffiliated site. The meals can be under the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program (CACFP), and Summer Food Service Program (SFSP). The VDOE-SCNP must approve the MOU Sponsor/Site Agreement through the sponsor’s or site’s Program application.

What is an unaffiliated site?

An unaffiliated site is a site that is legally distinct from the sponsor (7 CFR 225.2). Meaning, it is not affiliated with the sponsor that provides meals through an MOU Sponsor/Site Agreement.

Furnish Foods Agreement

School divisions may vend meals to a community sponsor through a simplified vended meals contract, called a Furnish Foods Agreement. The school division does not claim the meals and the Furnish Foods Agreements are available for CACFP and SFSP. The VDOE-SCNP must approve the Furnish Foods Agreement through the sponsor’s or site’s Program application.

Food Service Management Companies

Sponsors considering contracting for food service with a private for-profit food service management company (FSMC) are required to contact VDOE-SCNP before initiating the procurement process. Federal and state requirements for the contract must be followed. The VDOE-SCNP provides technical assistance to the sponsor to ensure that the regulations and requirements are met.

New FSMC Contract
Sponsors must use the VDOE-SCNP FSMC RFP Template. Need help completing the template? Review our FSMC RFP Instructions.
FSMC Contract Renewal
Sponsors contracting with an FSMC are required to use the VDOE-SCNP FSMC Contract Renewal Template.

Procuring the services of an FSMC requires using formal purchasing procedures and providing for open and free competition. Contracts are written for one year with the option to renew the contract for an additional four years. All contracts end on June 30. The VDOE-SCNP requires the effective date of all initial contracts to begin July 1.

The SFA remains responsible for the overall operation of the school nutrition programs. The SFA does not relinquish control of the SCNP operations to the FSMC. The SFA is ultimately responsible for closely monitoring the terms of the FSMC contract and the FSMC's daily activities.

The SFA is responsible for drafting the RFP using the mandatory template, menus, bid protest procedures, and attachments. A person or organization that develops or drafts specifications and/or requirements for the RFP used by an SFA conducting procurement under the USDA entitlement programs shall be excluded from competing for such procurements (2 CFR §200.319(b)).

On-Site Monitoring Visits

Sponsors contracting with an FSMC must conduct performance management of the FSMC contract through periodic on-site monitoring of the contracted requirements (7 CFR 210.16(a)(3)). Documentation of the on-site monitoring visits are checked during procurement reviews.

Need Help with FSMC Contracts?

Use the New FSMC Contract Checklist to help yourself along in this process, as it includes a list of items to be included, as appropriate, in each contract. 

If your division intends to issue a new RFP instead of renewing the current contract, please inform our office immediately. We will provide the necessary RFP template, guidance, and required approvals. Please contact Rachel Inman at Rachel.Inman@doe.virginia.gov.

Timeline for FSMC RFP Process

Activity

Date

Notification to SFAs requiring a new contract

November 13, 2026

RFP draft submitted to VDOE-SCNP for approval

March 1, 2027

All new, or renewal, contract documents due to VDOE-SCNP for review

May 3, 2027

All FSMC contracts signed/executed

June 11, 2027