This memorandum responds to a number of recent questions and requests to provide clarifying guidance to state agencies and child nutrition program operators, including the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Food Service Program, regarding the expectation and enforcement of ethical conduct by their employees engaged in procurement of program goods and service.
This memorandum clarifies how school food authorities may use funds provided under Sections 4 and 11 or 19 of the National School Lunch Act to purchase fresh fruits and vegetables from DoD Fresh Fruit and Vegetable Program vendors.
In an effort to simplify procurement requirements for SFSP sponsors, this memorandum links existing procurement and contract thresholds referenced in the program regulations to the federal small purchase threshold currently set at $150,000.
The following review tools are provided as a convenience to FNS regional office and state agency reviewers for use with “Conducting Program Access Reviews at Local Food Stamp Offices: A Guide for FNS Regional Offices, For Adaptation by State Agencies.”
This guidance, which updates the original August 2000 guidance, is provided to assist FNS regional offices in conducting PARs. It is intended that state agencies will adapt this guidance when monitoring the program access portion of the ME reviews of their food stamp project areas (or counties).
In response to several requests and to assist state agencies and school food authorities in their compliance efforts, we are providing the following prototype contract language requiring the return of purchase incentives to SFAs.
This memorandum is intended to provide clarification of what is allowable, for contracts executed both prior to and after publication of the final rule.
The purpose of this memorandum is to highlight the key provisions of the final rule and emphasize the responsibilities state agencies have in ensuring compliance with these provisions and with contract enforcement and oversight.