Dear Program Operator,
The U.S. Department of Agriculture (USDA) published Policy Memo SP-09-2013, CACFP 04-2013: Streamlining At-Risk Meal Participation for School Food Authorities in November 2012. This policy memo is located at: Streamlining At-Risk Meal Participation for School Food Authorities | Food and Nutrition Service (usda.gov), and pertains to at-risk sponsoring organizations that contract with a Food Service Management Company (FSMC) under the National School Lunch Program (NSLP) and the Child and Adult Care Food Program (CACFP).
The purpose of this communication is to reintroduce program operators (school food authorities) to the guidance outlined in the USDA Policy Memo SP-09-2013, CACFP 04-2013 that streamlines the federal requirements regarding participation in the at-risk component of the CACFP.
Procurement and Contracting Requirements
Program operators, also referred to as school food authorities (SFAs), that participate in the At-Risk Afterschool Meal component of the CACFP, have the following options:
- They may follow the NSLP procurement standards found in Title 7, Code of Federal Regulations (7 CFR), Section 210.21 instead of the CACFP procurement standards found in 7 CFR, Section 226.22. This option is provided because the compliance with the comprehensive NSLP requirements satisfies the CACFP requirements.
- They may choose to comply with the NSLP requirements outlined in 7 CFR, Section 210.16 for contracting with an FSMC, instead of following the CACFP At-Risk meal requirements in 7 CFR, Section 226.20.
- SFAs participating in CACFP At-Risk Afterschool Meals may also adopt the use of Offer Versus Serve (OVS) in their meal service using either the CACFP or NSLP meal patterns. Please note that the use of OVS is not allowed when serving snacks under the CACFP or NSLP.
SFAs should be aware that adding a meal component, such as the CACFP At-Risk Afterschool Meal, to an existing FSMC contract may represent a material change, which may require the SFA to rebid the contract. Please refer to the USDA Policy Memorandum SP 17-2012: Procurement Questions and Answers to Assist in the Implementation of the Final Rule titled Nutrition Standards in the National School Lunch and School Breakfast located at: https://www.fns.usda.gov/school-meals/policy for further guidance regarding material change.
SFAs that contract with FSMCs for some or all aspects of the management of the food service program may allow the FSMC to conduct the same activities for the CACFP that are performed for the NSLP. Please note that SFAs are responsible for conducting the following activities:
- Submitting claims
- Retaining control of the quality of the food service
- Determining the prices charged to children
- Monitoring the food service operations
- Ensuring that all CACFP requirements are met
Contact Information
If you have any questions regarding this subject, please contact the Community Procurement Unit by email at ProcurementCACFP@dss.ca.gov.
Thank you.
Family Engagement and Empowerment Division
California Department of Social Services
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