In accordance with 7 CFR 210.16, any changes made by the SFA or a FSMC to this prototype contract must be reviewed by the Utah State Board of Education (USBE) before the contract is executed. To comply with this requirement, the SFA must complete the necessary sections of this prototype contract. Then the SFA must submit the completed prototype contract to USBE for review. After USBE reviews the submitted prototype contract, the SFA may release the contract for soliciting proposals.

Important: In accordance with 7 CFR 210.19, all costs resulting from contracts that do not meet the requirements of Part 210 are unallowable nonprofit school food service account expenses. When the SFA fails to incorporate USBE required changes to solicitation or contract documents, all costs resulting from the subsequent contract award are unallowable charges to the nonprofit school food service account.

The SFA must submit all procurement documents as specified in General Information Part D of this contract to USBE for review prior to executing the contract.

7 CFR 210.19 requires USBE to annually review each contract between any SFA and selected FSMC to ensure compliance with program regulations. Since this prototype contract is required for fixed price contracts, the review may be limited to amendments made to the contract. Regulations require USBE’s review of each contract amendment before execution.

Contracts between the SFA and selected FSMC shall be for a duration of no longer than one year and options for yearly renewal not to exceed four additional years.

USBE is not a party to any contractual relationship between the SFA and a FSMC. USBE is not obligated, liable, or responsible for any action or inaction taken by the SFA or selected FSMC based on this prototype contract. USBE’s review of the contract is limited to assuring compliance with federal and state procurement requirements.  The USBE does not review or judge the fairness, advisability, efficiency, or fiscal implications of the contract.

For purposes of this RFP, the following definitions, which are consistent with the federal Child Nutrition Programs’ regulations, apply:

Applicable credits shall have the meaning established in 2 CFR 200.406.

Awarded Contract is the agreement between the SFA and selected FSMC that submitted a winning proposal in response to the SFA’s RFP. (RFP and awarded contract must be reviewed by USBE prior to execution.) The awarded contract allows selected FSMC to provide the SFA with the services outlined in the RFP.

Fixed price contract means a firm-fixed-price that provides for payment of a fixed price that is not subject to any adjustment on the basis of a FSMC’s cost experience in performing the contract.

Fixed price means an agreed upon amount that is fixed at the start of the contract.

Contractor means a commercial enterprise, public or nonprofit private organization, or individual that enters into a contract with a SFA.

Nonprofit school food service account means the restricted account in which all of the revenue from all food service operations conducted by the SFA principally for the benefit of school children is retained and used only for the operation or improvement of the nonprofit school food service.

Offeror is a commercial FSMC that submits a proposal in response to this RFP.

Selected FSMC is an offeror that submitted the successful proposal to this RFP and is awarded a contract as a result of this RFP.

“RFP” or “Request for Proposal” means a group of documents provided by SFA to offeror that explain the products and services required and how to respond to the request. This group of documents include:

  1. Requirements as described in the RFP
  2. Terms and conditions as outlined in this RFP
  3. Pricing (paper and electronic copies)
  4. Any and all Addenda or special written provisions specified by SFA after the issuance of this RFP
  5. Offeror’s Certifications, which must be completed, signed by an authorized representative of offeror, and other required information
  6. Additional required documents
  7. Addenda or other terms and conditions added to this RFP by offerors will not be considered a part of the awarded contract