This guidance serves as a general reminder to state agencies about the importance of complying with the Buy American provisions that are found in the regulations of the National School Lunch Program and the School Breakfast Program.
We continue to receive questions regarding procurements in the child nutrition programs, particularly in the National School Lunch and School Breakfast Programs. Attached are the most recently received questions and answers.
It has come to our attention that a number of state agencies and school food authorities are failing to maintain appropriate records for procurement transactions occurring in connection with the child nutrition programs.
This guidance was issued upon our learning that a number of school food authorities were not drafting their own specifications and procurement documents for certain software acquisitions but instead directly incorporating a list of features written by a prospective bidder.
Regarding awarding contracts, state agencies are advised to carefully review school district to ensure they are in compliance with federal regulations and take appropriate actions.
Recently, we have been asked 1) whether an equipment manufacturer would violate Department regulation 7 CFR Part 3016.60(b) if the equipment manufacturer writes the bid specifications for a school food authority (SFA) when that manufacturer does not directly sell its products to the SFA, but uses dealers or distributors instead and 2), would a food service management company (FSMC) violate §3016.60(b), if the FSMC drafted a provision to amend an existing SFA-FSMC contract
As you know, in August 2000, the procurement requirements for the child nutrition programs were moved from Department regulation 7 CFR Part 3015 to 7 CFR Parts 3016 and 3019. Attached are a number of questions and answers we have received concerning how these requirements changed the procedures for procurements paid with State Administrative Expense Funds.