Food Service Management Companies
FOR CEs
IMPORTANT RESOURCES

Contracting Entity Timelines:
  • September 1, 2023: RFP and renewal process opens.
  • December 1, 2023: All new contracts (RFP) must be submitted to TDA for approval to publish.
  • February 1, 2024: Renewal documents must be submitted to TDA for approval.
  • April 1, 2024: New contract selections must be submitted to TDA for approval to award/execute.
  • June 21, 2024: New contract and renewals must be signed/executed and submitted to TDA.

TDA Timelines:
  • September 1, 2023: Contract documents available.
  • February 15, 2024: New contracts (RFP) must be approved to publish.
  • May 1, 2024: TDA to approve all FSMC new contract and renewal submissions.
Timelines Updated 8/3/2022
 


FSMC Fridays

The Texas Department of Agriculture (TDA) will host  monthly Contracting with a Food Service Management Company (FSMC) Q & A Sessions. The webinars will cover topics related to contracting with an FSMC and CE representatives will be able to get answers to FSMC-contract questions. Invitations will be sent to Superintendents and Contracting Managers overseeing the FSMC contracts. Please ensure applications in TX-UNPS are up to date. Sessions are scheduled for the third Friday of each month from 2 p.m.-3 p.m. The May 2024 FSMC Friday has moved to May 31.

New Contract and Renewal Documents (UPDATED 1.10.2024)
New Contract Documents

Renewal Documents - Fixed Rate
Renewal Documents - Cost Reimbursable

New - FSMC Amendment 2023-24
Important - FSMC Amendment 2023-24 must be downloaded to your computer and opened in Adobe Acrobat on your computer to be signed. Click on the link, then look in downloads to find the form.


CEs are required to complete the applicable documents, then submit via the Smartsheet link.

Important
  • Modification of the posted contract documentation and templates is strictly prohibited.
  • If the Request for Proposal and Contract is altered in any manner without prior approval, it may be considered an unapproved contract and may result in SFA being required to pay its FSMC using funds other than the school nutrition funds.
  • For technical assistance, please contact your local ESC representative
FOR FSMCs

TDA Approved FSMC Vendor List Registration

Annually, FSMCs must be registered to do business in Texas. Registration as a Texas vendor is not permanent. FSMC vendors can be removed from the approved FSMC vendor list due to providing false information or by demonstrating systemic or continued non-compliance with Child Nutrition regulations.

View the 2023-2024 FSMC Approved Vendor List Here


FSMC Registration:
The Texas FSMC registration process for new and renewing vendors (2023-2024 year) is now closed. The process will reopen July 1, 2024. Late submissions will not be accepted.


A mandatory vendor webinar was held on
June 13, 2023. Companies must watch this webinar in its entirety to be considered for the vendor registration process. A certificate of completion is required to upload during the vendor registration process. Below is the webinar and certificate of completion:

 FSMC Vendor Registration Webinar | 06/13/23

Certificate of Completion

 

FSMC Vendor Eligibility Notice

At the time of application (and while listed on the TDA approved FSMC vendor list) businesses must be registered to do business in the State of Texas, and remain in good standing with the Texas Secretary of State (SOS) as well as the Office of the Comptroller (OTC). Also, the legal name of the organization as it is listed by the SOS and the OTC must match the legal name as noted on the application.



FSMC Rules and Regulations

Food Distribution Policy Memo FD-080 provides information on the reconciliation requirements for SFAs to ensure full crediting of allocated USDA foods.
Food Distribution Policy Memo FD-110 clarifies requirements in crediting for, and use of, USDA donated foods in contracts with Food Service Management Companies, and provides guidance to ensure compliance with such requirements in the first and final years of such contracts. 

Reminder
To assist in resolving or addressing possible disputes or contract issues that may occur during the contractual term, TDA reminds all contracting entities (CE) to utilize a dispute resolution process in the event of a possible conflict arising between the CE and the Food Service Management Company during the course of the contract. Any dispute resolution process should be reviewed and approved by the district’s legal representative(s); please note that TDA cannot provide any legal advice to non-TDA staff/groups.


Assistance available in English and Spanish. Please call 877-TEX-MEAL (877-839-6325) for help. Additional translations services available as well.

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. Mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
2. Fax: (833) 256-1665 or (202) 690-7442; or
This institution is an equal opportunity provider.
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