This webpage is a resource for Summer Food Service Program and Child and Adult Care Food Program sponsors on the requirements of Vended Meals Contracts. In a vended meals contract, the contractor provides the meals only (prepackaged, pre-plated) and does not manage any aspect of the food service. (If you a School Food Authority, please go to Financial Management webpage for guidance.)

Currently, all vended meals contracts involving expenditures in excess of $250,000 must be competitively bid via Invitation for Bid (IFB). Sponsoring Organizations receiving federal reimbursement must follow the required federal and state procurement procedures. To ensure regulatory compliance, all Sponsoring Organizations conducting a new procurement or considering contracting for vended meals are highly encouraged to please contact our office for further information and clarification.

Provided below are links to the forms and documents to assist you in completing a successful procurement or contract renewal.

If you have any questions or concerns regarding general procurement guidance and requirements for Child Nutrition Programs, please refer to the General Procurement for All Programs page.

If you have questions regarding the bid solicitation and contract procedures or contract renewal process, please contact our office at (217) 782-2491 or (800) 545-7892 (in Illinois), or via email at cacfp_sfspcontracts@isbe.net.

Code of Conduct

Each Sponsoring Organization is required to have written standards of conduct covering conflicts of interest that prohibit officers, employees and agents from soliciting or accepting gratuities, favors or anything of monetary value from contractors or parties of subcontracts.

Procedures must provide for disciplinary actions for violations by officers, employees, or agents.

USDA POLICIES AND RESOURCES

Written Codes of Conduct and Performance of Employees Engaged in Award and Administration of Contracts
Sample Code of Conduct – This is an optional document to use if written procedures do not currently exist. This document is a sample and is not intended to be all-inclusive. This document does not replace pre-issuance contracts with Vendors and Food Service Management Companies as required by the Illinois State Board of Education. The Sponsoring Organization is ultimately responsible to ensure that the local procurement procedures complies with all Federal Regulations, State Rules and Regulations, and local procurement policies.

Informal Bidding Procedures & Documents

If your contract for vended meal services will NOT be in excess of $250,000 annually, you may use informal bidding procedures to procure the meal services contract.

The following steps must be part of the informal bidding procedures:

Develop a written purchase description of the services/items being solicited using the Informal Contract Template;

Solicit quotes/bids from all the vendors recorded on the List of Known Vendors in CACFP/SFSP;
Complete the solicitation tracking log;
Record all quotes/bids received and any notification received from vendors declining to bid/quote on the Statement of No Bid/Proposal;
Evaluate the quotes for conformance to the Request for Quote and Contract;
Award the purchase/contract (record the justification for the award).
Submit copies of the following signed documents. Retain originals in SO file

Informal Post-Contract Award Summary Sheet
Signed Contract
Exhibit A - Site Data Form
Applicable Schedule B's

All applicable contract certification forms

For ALL contracts, these forms must be included: Bid-Rigging Certification (68-65) and Certificate of Independent Price Determination (68-66) .
If the estimated contract cost is $25,000 or more, include this form. This form must be signed by the contractor and submitted with all bids: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions
If the estimated contract cost is over $100,000, include these forms as well as the Certification Regarding Debarment form above. These forms must be signed by the contractor and submitted with all bids: Certificate Regarding Lobbying - Contracts, Grants, Loans and Cooperative Agreement & Disclosure of Lobbying Activities (if applicable)

Solicitation Tracking Log
Statement of No Bid/Proposal
Completed Bidder Responsibility and Responsiveness Criteria
Copy of awarded vendor's most recent health inspection report (conducted within last 12 months)

These documents will be kept on file for potential audit purposes. In addition, submission of these documents to our office will be required as part of the approval process for your application for participation.

Formal Invitation for Bid (IFB) Contract Procedure & Documents

The prototype Invitation for Bid and Contract is for use by a Sponsoring Organization (SO) initiating a new contract with a meal vendor to provide meal services for the Child Nutrition Programs. The document, provided by the Illinois State Board of Education Nutrition Department, will assist the SO in obtaining competitive bids and awarding the contract to the responsible bidder whose bid is responsive and lowest in price.

The prototype provided below should be used for formal vended meal contracts only. In a vended meals contract, the contractor provides the meals only, which are generally pre-packaged/pre-plated meals, and does not manage any aspect of the school food service or employ any of the food service personnel. However, if the contractor’s employees are responsible for the management of the program and/or the final preparation and/or serving of the pre-packaged/pre-plated school meals, the contract becomes a food service management company contract and is no longer considered a vended meals contract. If that is the case, you need to use the Invitation for Bid and Contract Prototype for FSMC Contracts —Vended Meals (Pre-packaged/Pre-plated).

If you are not sure which type of contract you have or you are considering contracting for the first time, please contact the Nutrition Department’s procurement team for further information and clarification at (800) 545-7892.

To ensure continued funding and compliance with federal and state regulations and statutes regarding procurement, it is extremely important for you to download and read the instructions thoroughly prior to downloading the contract prototype.

Step 1 Submission Form
IFB Prototype for Vended Meals Contract

Additional forms and resources.

Certification Forms

Disclosure of Lobbying Activities (if applicable)

Contract Renewal

Sponsoring Organizations (SO’s) must ensure vended meals contract language indicates the duration of the contract is no longer than one year. Additionally, options for yearly renewal of a contract must not exceed four additional one-year extensions. Since the decision to renew the contract is an affirmative decision made by both parties to the contract each year, either party, for any reason, may decide not to exercise the renewal option. If the contract is not renewed, the SO must either conduct a new procurement or self-operate its food service.

The basis for renewing the contract, including price increase provisions, if any, must be stated in the contract and be based on a measurable index such as the Consumer Price Index. Sponsoring Organizations should ensure that price increases are within the terms of the contract. These documents are updated annually at the start of the new calendar year.

Contract Renewal Form
USDA Foods Entitlement Tracking Log(only applicable for select SFSP programs)
Contract Certification Forms: These forms must be used for all contract renewals with a vended meal company and may not be altered without permission from the Illinois State Board of Education Nutrition Department.

Disclosure of Lobbying Activities (if applicable)

A copy of the executed renewal along with all applicable contract certification forms must be submitted prior to the approval of your program participation for each fiscal year. Renewals may be mailed, faxed, or emailed to:

Mail: Nutrition Department, Procurement
Illinois State Board of Education
100 N. First St. W270
Springfield, IL 62777-0001
Email:cacfp_sfspcontracts@isbe.net
Fax: (217) 524-6124

Contract Rebidding

Sponsoring organizations have the option to re-bid the vended meal contract at any time. Neither party may make or impose material changes to an existing contract during the contract year or as part of the annual contract renewal process. If it is determined that material or substantive changes are necessary, the SO must conduct a new procurement and re-bid the contract or may choose to self-operate its food service.

Circumstances which require an SO to re-bid the contract include:

Expiration of the existing contract and renewals; and/or
Addition of a program, such as the After-School Supper Program.

In addition, examples of material or substantive changes which could require the SO to re-bid the contract include:

The scope of the contract has substantially changed;
Major changes to the formula for determining meal equivalency;
Major shift in responsibilities for SO/Vendor staff; and/or
Revision to the fixed-price contract pricing structure and/or terms for price increases becomes necessary.

Finally, the SO should re-bid the contract if the existing contractor has not fulfilled the contract to the SO's satisfaction.

Sponsoring organizations are required to meet state and local procurement regulations that conform to federal procurement and program regulations when developing the bid solicitation and awarding the contract. Regarding the procurement process, SOs cannot include contract provisions that restrict competition or prevent companies from bidding on the meal services.

School Agreements

Procurement through a formal arrangement between a sponsoring organization and a school to provide unitized meals to institutions whose facilities are not equipped to prepare or serve meals may utilize a School Agreement. This agreement is a crucial component of the CACFP, ensuring that meals meet federal nutrition guidelines and are provided on a full-cost recovery basis.

This document outlines the responsibilities of both parties, including menu planning, record-keeping, and invoicing procedures. It also ensures that the meals served under this agreement cannot be claimed by the school under the National School Lunch Program, maintaining compliance with federal regulations.
By entering into this agreement, both the sponsoring organization and the school commit to upholding the standards set by the CACFP, providing quality meals that contribute to the well-being of those in care. Please ensure that this agreement is completed and signed by authorized representatives from both parties and returned to the Illinois State Board of Education Nutrition Department along with the required Site Information Sheet(s) as part of the annual application renewal for the CACFP.
School Agreement To Furnish Food Service (ISBE 68-62)

Resources

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