WIC Eligibility Requirements to Bid on State Agency Infant Formula Contracts

Infant Formula Contracts in WIC

WIC provides infant formula for eligible participants. Since 1989, Congress has required WIC state agencies to competitively solicit bids from infant formula manufacturers to supply and provide a rebate (i.e., discount) for each can of formula purchased with WIC benefits. The WIC state agency then awards a single-supplier contract to the manufacturer offering the highest discount on wholesale prices. This contract is between the WIC state agency and manufacturer and is subject to state specific procurement laws, policies, and processes.

Infant formula rebate contracts significantly lower WIC food costs and allow the program to provide benefits to every eligible infant participating in the program. For more information, see “What is the WIC infant formula rebate system?” on the WIC FAQ page.

The map below indicates which manufacturers currently hold the WIC infant formula contract for each state agency.

For an accessible text version of this map download the plain text outline.

Per WIC regulations, Indian Tribal Organization state agencies with 1,000 or fewer participants are exempt from continuously operating a cost containment system for infant formula and may not have a rebate contract in place; they may opt to join an alliance of states that solicits for a competitively bid, infant formula contract. 

What are the requirements for infant formula?

Manufacturers must supply infant formula that:

• Complies with the definition of "infant formula" in the Federal Food, Drug, and Cosmetic Act (21 USC 321(z)) and meets the requirements for an infant formula under section 412, and regulations at 21 CFR 106 and 107.
• Is nutritionally complete and does not require any ingredient other than water prior to being served in a liquid state.
• Designed for enteral digestion via oral or tube feeding.
• Provides at least 10 mg iron per liter (at least 1.5 milligrams iron/100 kilocalories) at standard dilution.
• Provides at least 67 kilocalories per 100 milliliters (approximately 20 kilocalories per fluid ounce) at standard dilution.

At least once a year, state agencies must provide all authorized WIC vendors with a list that includes the names and addresses of the infant formula wholesalers, distributors, and retailers licensed in the state in accordance with state law, and infant formula manufacturers registered with the Food and Drug Administration that provide infant formula. We have provided information about the requirements and best practices for oversight of the infant formula suppliers list.

Infant Formula Rebate Solicitation Checklist Tool

This Excel-based tool (the checklist) may be used in developing state agencies’ infant formula rebate contract solicitations. This tool provides technical assistance that is clear, consistent and up-to-date. We do not provide state procurement guidance – state agencies should consult with their legal and procurement offices when developing bid solicitations and processes.