New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter E - Elementary and Secondary Education
Part 114 - School Food Service Programs
Section 114.2 - Food service management contracts
Current through Register Vol. 46, No. 12, March 20, 2024
Any public school district, private, nonprofit school or "residential child care institution" as defined in 7 CFR 210.2 (Code of Federal Regulations, 1993 edition, Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402--available at Office of Regional Field Services, Room 775, Education Building Annex, Albany, NY 12234), hereinafter referred to as a "school," may contract with a private food service management company for the purpose of managing and operating, in whole or in part, its food service program. In such cases, the school shall continue to be eligible to receive both Federal and State reimbursement and food in accordance with existing law and regulations and in the same manner as for school-operated programs, provided the requirements of this section are complied with.
(a) Responsibility for program.
(b) Free and/or reduced-price meals. The written policy of the school requiring feeding of children free or at reduced prices, adopted in accordance with 7 CFR 245.3(b) (Code of Federal Regulations, 1993 edition, Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402: 1993-- available at Office for Regional Field Services, Room 775, Education Building Annex, Albany, NY 12234), will apply in the same manner as for school-operated programs.
(c) Bidding. The provisions of Education Law, section 305, subdivision 14, relating to bidding shall apply to all contracts entered into pursuant to this Part. The provisions of 7 CFR 210.16 (Code of Federal Regulations, 1993 Edition, Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; 1993--available at Office for Regional Field Services, Room 775, Education Building Annex, Albany, NY 12234) relating to the invitation to bid shall apply to all contracts entered into pursuant to this Part.
(d) Contract. The contract period shall not exceed one year. Options for the yearly renewal of a contract signed after February 16, 1988 may not exceed four additional years. The contract shall include provisions with respect to the following:
(e) Accounting. Financial accounting in school districts shall be in accordance with regulations of the commissioner and shall be conducted in the same manner as if the school district were operating its own food service program.
(f) Contingency budgets. In any school district operating on a contingency budget and conducting a food service program under contract with a food service management company, the following conditions must be met:
(g) Annual extensions of contracts. Annual extension(s) of contracts shall be prepared on forms prescribed by the commissioner; such extensions shall be filed with and approved by the commissioner, and shall be subject to all laws, rules and regulations pertaining to the filing of food service management contracts. Only contracts awarded in accordance with the competitive bidding requirements of subdivision 14 of section 305 of the Education Law may be extended. Annual extension(s) of contracts may provide for increases not to exceed the contractual amount paid in the preceding year by more than the increase in the regional consumer price index for the N.Y.-Northeastern N.J. area for the 12-month period immediately preceding the month in which the contract terminates. Each district proposing to extend a contract shall file with the commissioner satisfactory evidence of the increase in administrative cost of the contractor's operation during the 12-month period immediately preceding the month in which the contract terminates.