This memorandum clarifies how SFAs may use funds provided under Sections 4 and 11 or 19 of the National School Lunch Act (NSLA), 42 U.S.C. 1751, to purchase fresh fruits and vegetables from DoD Fresh Fruit and Vegetable Program (DoD Fresh) vendors.
As a background, State Distributing Agencies (SDAs) may permit SFAs to allocate some or all of their USDA Foods planned assistance level, funded under Section 6 of the NSLA, to be used by USDA to purchase produce through DoD Fresh. Some SFAs use funds from their nonprofit food service account (i.e., Section 4 and 11 funds), or funds provided through the FFVP (i.e., Section 19 funds) to purchase additional products directly from DoD Fresh vendors. SFAs should be aware that all direct purchases using Section 4 and 11 or 19 funds, including those procured informally, are subject to the federal procurement regulations at 7 CFR 3016.36.