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.
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.