USDA Foods. Any USDA Foods received (when the foods arrive at the SFA’s kitchen, SFA’s storage facility, or Vendor storage facility in either raw form or in processed end products) by the SFA and made available to the Vendor must accrue solely to the benefit of USDA Child Nutrition programs if applicable, and shall be fully utilized therein. The Vendor shall have records available to substantiate that the full value of all USDA Foods is used solely for the benefit of the SFA. The SFA shall retain title to all USDA Foods. USDA Foods allocated to the SFA will be delivered to and utilized by the Vendor equitably for lunches served to students at the SFA. Vendor Responsibility—the Vendor will conduct all activities relating to USDA Foods for which it is responsible in accordance with 7 CFR Parts 210, 220, 225, 226, and 250 as applicable. This will include but is not limited by the following; The Vendor must credit the SFA for the value of all USDA Foods received for use in the SFA’s meal service in the school year or fiscal year (including both entitlement and bonus foods), and including the value of USDA Foods contained in processed end products, in accordance with the contingencies in 7 CFR 250.51(a); The Vendor must credit the SFA for all discounts or rebates for USDA Foods purchases made on its behalf. All refunds received from processors must be retained by the nonprofit SFA account. The Vendor shall provide the method and frequency by which crediting will occur, and the means of documentation to be utilized to verify that the value of all USDA Foods has been credited; The Vendor shall use the USDA Foods values as posted on DPI’s USDA Foods website including the value of bonus USDA Foods; The Vendor shall be responsible for activities related to USDA Foods in accordance with 7 CFR 250.50(d), and must assure that such activities are performed in accordance with the applicable requirements in 7 CFR part 250; The Vendor will use all USDA Foods ground beef and ground pork products, and all processed end products, without substitution, in the SFA’s food service; The Vendor will use all other USDA Foods, or will use commercially purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the USDA Foods, in the SFA’s food service; The Vendor will not itself enter into the processing agreement with the processor required in subpart C of 7 CFR part 250; The Vendor will comply with the storage and inventory requirements for USDA Foods; The Vendor will ensure that its system of inventory management will not result in the SFA being charged for USDA Foods; The Vendor will maintain records to document its compliance with requirements relating to USDA Foods, in accordance with 7 CFR 250.54(b); The Vendor shall accept liability for any negligence on its part that results in any loss of, improper use of, or damage to USDA Foods; The Vendor shall accept and use USDA Foods in as large quantities as may be efficiently utilized in the SFA’s nonprofit food service, subject to approval of the SFA. The SFA shall consult with the Vendor in the selection of USDA Foods; however, the final determination as to the acceptance of USDA Foods must be made by the SFA; The Vendor shall account for all USDA Foods separately from purchased foods. The Vendor is required to maintain accurate and complete records with respect to the receipt, use/disposition, storage, and inventory of USDA Foods. Failure by the Vendor to maintain the required records under this agreement shall be considered prima facie evidence of improper distribution or loss of USDA Foods. Vendor shall order only those USDA Foods that can be incorporated into its meals. Attachment H (cont’d) The SFA’s monthly USDA Foods handling charges [including storage, delivery (if applicable), administration and processing fees (if applicable)] will be deducted by DPI from the SFA’s monthly Federal reimbursement. The Vendor is responsible for USDA Foods handling charges and must reimburse the SFA monthly for USDA Foods handling charges.
Appears in 6 contracts
Samples: Vended Meals Agreement, Vended Meals Agreement, Vended Meals Agreement
USDA Foods. 5.1 Any USDA Foods received (when the foods arrive at the SFA’s kitchen, SFA’s storage facility, or Vendor storage facility in either raw form or in processed end products) for use by the SFA and made available to the Vendor must accrue solely to the benefit of USDA Child Nutrition programs if applicable, and shall be fully utilized therein. The Vendor shall have records available to substantiate that within the full value specified Term of all USDA Foods is used solely for the benefit of the SFA. The SFA shall retain title to all USDA Foods. USDA Foods allocated to the SFA will be delivered to and utilized by the Vendor equitably for lunches served to students at the SFA. Vendor Responsibility—the Vendor will conduct all activities relating to USDA Foods for which it is responsible in accordance with 7 CFR Parts 210, 220, 225, 226, and 250 as applicable. This will include but is not limited by the following; The Vendor must credit the SFA for the value of all USDA Foods received for use this Contract in the SFA’s meal food service in operation for the school year or fiscal year (including both entitlement preparation and bonus foods), service of meals and including the value of USDA Foods contained in processed end products, for other allowable uses in accordance with the contingencies in Code of Federal Regulations, 7 CFR 250.51(a); The Vendor must credit the SFA for all discounts or rebates for USDA Foods purchases made on its behalf. All refunds received from processors must be retained by the nonprofit SFA account. C.F.R. Part 250.
5.2 The Vendor shall provide accept and use USDA Foods in as large a quantity as may be efficiently utilized in the method and frequency by which crediting will occur, and nonprofit food service subject to approval of the means of documentation to be utilized to verify that the value of SFA.
5.3 The Vendor shall manage all USDA Foods has been credited; The Vendor shall use to ensure the USDA Foods values as posted on DPI’s USDA Foods website including the value of bonus USDA Foods; The Vendor shall be responsible for activities related to USDA Foods in accordance with 7 CFR 250.50(d), and must assure that such activities foods are performed in accordance with the applicable requirements in 7 CFR part 250; The Vendor will use all USDA Foods ground beef and ground pork products, and all processed end products, without substitution, utilized in the SFA’s food service; .
5.4 The Vendor will use shall utilize all USDA ground beef, ground pork, and processed end products received in the SFA’s food service. Commercially-purchased foods shall not be substituted for these foods.
5.5 The Vendor shall utilize all other USDA Foods, or will use commercially substitute commercially-purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the USDA FoodsFoods as determined by the SFA, in the SFA’s food service; .
5.6 The Vendor shall credit the SFA’s monthly bill/invoice the current market value of all USDA foods received during each Contract Term as the foods are used in the SFA’s food service. The Vendor must credit the SFA for all USDA Foods received for use in the SFA’s food service each Contract Term whether the USDA Foods have been used or not. Such credit shall be issued in full prior to the expiration of each Contract Term.
5.7 Credit issued by the Vendor to the SFA for USDA foods received during each Contract Term and used in the SFA’s food service shall be recorded on the monthly bill/invoice as a separate line item entry and shall be clearly identified and labeled. Attached to the invoice shall be a detailed list identifying each received USDA Foods item used in the SFA’s food service and each USDA Foods item credit issued for unused USDA Foods, along with the current market value as issued by the FDACS.
5.8 The current value of USDA Foods is based on the information listed on the SFA’s Web-Based Supply Chain Management (WBSCM) Requisition and by the Requisition Status Report. If not listed, the current market value of USDA Foods will be based on the prices issued by the FDACS.
5.9 The SFA shall ensure the method and timing of crediting does not itself cause its cash resources to exceed limits established in 7 C.F.R. § 210.9(b)(2).
5.10 At the end of each Contract Term and upon expiration or termination of the Contract, a reconciliation shall be conducted by the SFA to ensure and verify correct and proper credit has been received for the full value of all USDA Foods received by the Vendor during each Contract Term for use in the SFA’s food service.
5.11 The SFA shall verify receipt of USDA Foods shipments through its electronic records or by contacting the FDACS or processor as applicable.
5.12 The SFA reserves the right to conduct commodity credit audits throughout each Contract Term to ensure compliance with federal regulations 7 C.F.R. Part 210 and Part 250.
5.13 The Vendor must accept liability for any negligence on their part that results in any loss, damage, out of condition, or improper use of USDA Foods not yet credited to the SFA, and shall credit the SFA either monthly or through a fiscal year-end reconciliation.
5.14 The SFA and Vendor shall consult and agree on end products to be produced from USDA Foods during each Contract Term. If the SFA and Vendor cannot agree on end products, the Vendor shall utilize the USDA Foods in the form furnished by the USDA.
5.15 If the Vendor acts as an intermediary between a processor and the SFA, the Vendor shall credit the SFA the current market value of the USDA Foods contained in the processed end products unless the processor is providing such credit to the SFA. Such credit shall be issued to the SFA on the monthly bill/invoice as a separate line item entry and shall be clearly identified and labeled.
5.16 The Vendor shall not enter into the any processing agreement agreements with the a processor as required in subpart C of 7 CFR part C.F.R. Part 250; The Vendor will comply with the storage and inventory requirements for USDA Foods; The Vendor will ensure that its system of inventory management will not result in the SFA being charged for USDA Foods; The Vendor will maintain records to document its compliance with requirements relating to USDA Foods, in accordance with 7 CFR 250.54(b); . The Vendor shall accept liability also not enter into any subcontracts for any negligence on its part that results in any loss of, improper use of, or damage to further processing of USDA Foods; .
5.17 The Vendor shall accept have records maintained and use USDA Foods in as large quantities as may be efficiently utilized in the SFA’s nonprofit food service, subject available to approval of the SFA. The SFA shall consult with the Vendor in the selection of USDA Foods; however, the final determination as to the acceptance of USDA Foods must be made by the SFA; The Vendor shall account for all USDA Foods separately from purchased foods. The Vendor is required to maintain accurate and complete records with respect to substantiate the receipt, use/disposition, storage, and inventory of USDA Foods. Failure by The Vendor must submit to the SFA monthly inventory reports showing all transactions for processed and non-processed USDA Foods.
5.18 The SFA, FDACS, Auditor General, and USDA, or their duly authorized representatives, may perform on-site reviews of the VENDOR’s food service operation, including the review of records, to ensure compliance with the requirements of this Contract and federal regulations 7 C.F.R. Part 210 and Part 250.
5.19 The Vendor shall return all unused USDA ground beef products, ground pork products, and processed end products to the SFA upon termination, expiration, or non-renewal of the Contract.
5.20 At the discretion of the SFA, the Vendor may be required to maintain the required records under this agreement shall be considered prima facie evidence of improper distribution or loss of USDA Foods. Vendor shall order only those return other unused USDA Foods that can be incorporated into its meals. Attachment H (cont’d) to the SFA upon termination, expiration, or non-renewal of the Contract.
5.21 The SFA’s monthly SFA shall retain title to all USDA Foods handling charges [including storage, delivery (if applicable), administration and processing fees (if applicable)] will be deducted by DPI from provided to the Vendor for use in the SFA’s monthly Federal reimbursement. The Vendor is responsible for food service.
5.22 USDA Foods handling charges and must reimburse the SFA monthly for or processed end products containing USDA Foods handling chargesshall not be used for catering or special functions conducted outside of the nonprofit school food service.
Appears in 1 contract
Samples: Small Purchase Contract