ASSEMBLY, No. 4595

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 18, 2018

 


 

Sponsored by:

Assemblyman  BOB ANDRZEJCZAK

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Assemblyman  R. BRUCE LAND

District 1 (Atlantic, Cape May and Cumberland)

 

Co-Sponsored by:

Assemblyman Spearman

 

 

 

 

SYNOPSIS

     Authorizes school food authority to use cost reimbursable contract or fixed price contract for school meals.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning contracting for school meals and supplementing Chapter 33 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this section:

     “Cost reimbursable contract” means a contract that provides for payment by a school food authority of incurred costs for school meals to the extent prescribed in the contract, and may include a fixed fee  for direct and indirect administrative costs and profit allocable to the contract.

     “Fixed price contract” means a contract in which total costs for the provision of school meals are calculated by the food service management company and divided by the anticipated number of meals and meal equivalents expected to be served,  that results in a fixed price per meal rate, and includes any management costs in the price per meal rate.

     “Food service management company,” or “FSMC” means a commercial enterprise or nonprofit organization that contracts with a school food authority to manage school food service.

     “School food authority” or “SFA” means the same as the term defined in 7 C.F.R. s.210.2.

     b.    A school food authority shall be permitted to pursue a request for proposal from a food service management company for the provision of school meals under the federal School Breakfast Program or the National School Lunch Program through a cost reimbursable contract or a fixed price contract.

     c.     A cost reimbursable contract or fixed price contract from a FSMC for the provision of school meals under the federal School Breakfast Program or the National School Lunch Program shall comply with any applicable federal rules and regulations, including federal procurement regulations.

     d.    The Department of Agriculture, in consultation with the State Board of Education, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section.   

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would allow a school food authority to pursue a request for proposal from a food service management company for the provision of school meals under the federal School Breakfast Program or the National School Lunch Program through a cost reimbursable contract or a fixed price contract. 

     A cost reimbursable contract or fixed price contract from a FSMC for the provision of school meals under the federal School Breakfast Program or the National School Lunch Program is required to comply with any applicable federal rules and regulations, including federal procurement regulations.