Date:January 22, 2013

To: Authorized Representatives of School Food Authorities (SFAs) Participating in Child Nutrition Programs Contracting with Food Service Management Companies (FSMC)

From:Jessica Sharkus, Director

School Nutrition Team

Subject:Attestation and Notification Regarding Material Change Determination for all FSMC Contracted Schools

PLEASE forward this important information to all persons with Child Nutrition Program responsibilities.

After further consideration, The Department of Public Instruction School Nutrition Team would like to provide an alternative option to the memo entitled Required bidding for FSMC services, date November 26, 2012. As you are aware, TheHealthy, Hunger-Free Kids Act (HHFKA) of 2010’s the final rule for Nutrition Standards in the National School Lunch and School Breakfast Programs was published on January 26, 2012. The new rule updates meal patterns and requires most schools to increase the availability offruits, vegetables, whole grains, and fat free and low-fat fluid milk in school meals; reduce the levels of sodium, saturated fat and trans-fat in meals; and meet the nutrition needs of school children within their calorie requirements.

These changesin the meal patternhave the potential to increase or decrease the cost to a SFA. These changes could result in a material change to FSMC contracts awarded prior to changes. Due to this potential of a material change, schools contracting with a FSMC are required to sign an attestation indicating that changes caused by implementing the new meal pattern will not result in material changes to currently held FSMC contractsand will therefore not be required to rebid. Likewise, schools that feel the new meal pattern will result in material changes (example: increased costs associated with the procurement of fresh fruits/vegetables and whole grains) are required to sign a notification indicating intent to rebid for the 2013-2014 school year. Enclosed is a copy of the required prototype attestation and the notification. These can also be found on our website at Please email, fax or mail either the signed attestation or notification to Julie Shelton or Victor Taugher by February 15, 2013.

For any questions or concerns regarding the content of this memo, please contact Julie Shelton, Nutrition Program Consultant, by phone at (608) 267-9132 or by email at or Victor Taugher, Nutrition Program Consultant, by phone at (608) 266-5514 or by email at . School Nutrition Fax: 608-267-0363

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