Final Rule: Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Programs

The Food and Nutrition Service (FNS) is revising the regulations governing procedures related to the procurement of goods and services in the National School Lunch Program, School Breakfast Program and Special Milk Program to remedy deficiencies identified in audits and program reviews.

This final rule makes changes in a school food authority's responsibilities for proper procurement procedures and contracts, limits a school food authority's use of nonprofit school food service account funds to costs resulting from proper procurements and contracts, and clarifies a state agency's responsibility to review and approve school food authority procurement procedures and contracts.

This final rule also amends the Special Milk Program and School Breakfast Program regulations to make the procurement and contract requirements consistent with the National School Lunch Program regulations. These changes are intended to promote full and open competition in school food authority procurements, clarify state agency responsibilities, and ensure that only allowable contract costs are paid with nonprofit school food service account funds.