Steps to Procure a FSMC
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Step 1: Watch RISE Presentation on Contracting with FSMCs
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Step 2: Review FSMC Manual
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Step 3: Download RFP, Attachments, and Contract
Fixed Price Templates
- FSMC sells a meal for a Fixed Price including their profit and overhead
- Advantage - all costs are known and require no monitoring of national volume discounts and rebates
- Disadvantage - does not allow for a tiered pricing program
Cost Reimbursable Templates
- FSMC passes along all costs (food, labor, etc.) to SFA and adds a fixed fee for profit and overhead.
- Advantage- can accommodate a tiered pricing system.
- Disadvantage – the SFA is responsible for monitoring all national volume discounts and ensuring rebates are passed along.
Amendment(s) to Add (as applicable)
- Use for either a cost reimbursable or fixed price contract.
- Similar to any amendment or addendum, these templates must be reviewed and approved by assigned DPI consultant prior to signing.
- Material Change: When adding any program amendment(s) to an existing FSMC contract, the SFA will need to evaluate the possibility of a material change. If the value of the added program(s) is greater than 10% of the original value of the awarded FSMC contract, the SFA should contact a DPI representative for additional guidance.
- When adding program amendment(s), the SFA should consult with its legal/contracting department before entering into any agreement or amending a current agreement.
- Complete all sections of the amendment and add costs from the amendment to the FSMC RFP/contract. The total value of the proposal will include this amount for calculating the total cost of the proposal.
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Step 4: Save RFP, Attachments, and Contract
- Save the RFP Word document, Excel workbook, Contract Word document, and any other attachments to your computer with the file name:
- Agency Code (5 or 6 digits)
- School District Name
- Document Type (RFP, SFSP/Amendment/Renewal, etc.)
- SY __ - __
Example: 123456_Hillside_School_District_RFP_SY19-20.doc
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Step 5: Complete RFP, Attachments, and Contract
The SFA will then complete the RFP, Excel workbook, and Contract document as needed and save changes. Editing locked section(s) of the RFP, Excel workbook, and Contract requires WI DPI approval and assistance. Email requested changed to DPI at: DPIFSMC@dpi.wi.gov
Complete the calendar of events within the RFP solicitation document. The following timeline must be followed at a minimum:
- Allow at least 10 business days from the date the RFP is released until the Pre-Proposal Conference/Site Visit
- Allow 1 business day for the Pre-Proposal Conference/Site Visit
- Allow at least 10 business days from the date of the Pre-Proposal Conference until proposals are due
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Step 6: DPI Approval of FSMC RFP, Attachments, and Contract Prior to Release
- DPI must approve RFP, Excel workbook, and Contract template before SFA releases it to solicit proposals from FSMCs.
- Send edited RFP, Excel workbook, and Contract template as attachments to: DPIFSMC@dpi.wi.gov
- Edits will be reviewed and school will be contacted by DPI with possible edits. The review process can take up to two weeks.
- SFA will need to factor DPI review into the calendar of events for soliciting proposals using the FSMC RFP and awarding the FSMC contract.
- Email from DPI will serve as SFA's documentation that the FSMC documents have been reviewed and the SFA can release it to solicit proposals from FSMCs.
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Step 7: Solicit and Evaluate Proposals
- Use DPI approved FSMC documents to solicit proposals from FSMC.
- Send/email FSMC documents to all FSMCs on the "List of Known FSMCs Operating in Wisconsin".
- Place public notice to SFA's public notice webpage for school procurements and/or in a newspaper advertisement.
- Follow all the steps as outlined in the approved FSMC documents for soliciting proposals.
- After the proposal due date, the SFA selection committee will evaluate all submitted proposals and select an FSMC based on evaluation criteria listed in the FSMC RFP.
- Required FSMC Scoring Matrix: Once the SFA has completed drafting the evaluation criteria section of the RFP the SFA will need to update the FSMC Scoring Matrix workbook criteria to be used later to complete the final evaluation. The DPI template is required.
Note: The FSMC RFP, Excel workbook attachments, Contract template, any amendments to add, and the FSMC’s proposal will become the “FSMC Contract” with the winning FSMC once fully executed.
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Step 8: DPI Approval of FSMC Contract
- Prior to School Board approval and execution of the FSMC contract, SFA must submit the following to DPI for final approval of the awarded FSMC contract:
- Screenshot of Public Notice posted to SFA's Procurement webpage and/or a copy of the newspaper advertisement
- List of potential offerors along with any additional documents sent to them during solicitation process
- Sign-in sheet of pre-proposal meeting attendees
- List of all questions and answers from pre-proposal meeting
- List of all questions and answers received as a result of issuing the RFP
- Correspondence from potential offerors opting not to submit proposals
- Evaluation criteria (scoring grid) analysis and documentation
- Any addendums or amendments a FSMC is requesting to be added to the RFP or awarded contract
- RFP Excel workbook Attachment “E” for all offerors
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Step 9: Award FSMC Contract
After DPI approves the awarded FSMC Contract, the SFA and FSMC will sign the Contract. The SFA will submit the entire RFP, entire Excel workbook, signed FSMC Contract, and any other amendment documents to: DPIFSMC@dpi.wi.gov
The email must include:
- Scanned RFP, signed Contract, and any applicable amendments into one PDF file.
- Excel workbook sent as a separate email attachment.
- Do not submit the FSMC marketing materials.
Both parties must adhere to the terms and pricing of the awarded contract, only language described in the awarded contract is allowed. Any changes to the awarded contract must be reviewed and approved by DPI prior to execution to determine if there is a material change. Material changes are not allowed.
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Step 10: Record Retention
The SFA will retain the following for record retention:
- Copy of fully executed FSMC contract (all pages) with signatures
- A copy of the RFP, Excel workbook, and any amendments and/or addendums to the FSMC contract
- All invoices related to the awarded contract
- DPI correspondence from the review and approval process
These records become part of the SFA’s internal procurement records. A SFA must retain procurement and contract records for at least three years from the date the contract ended and after all other pending matters such as payments and audits are closed out.
The SFA should be prepared to provide records and proof that all terms and pricing received as a result of the procurement and used to award a contract were followed in the approved manner. These records must remain in the possession of the SFA.
