| DATE: | January 23, 2007 | |
| POLICY MEMO: | SP 02-2007 | |
| SUBJECT: | School Districts and Federal Procurement Regulations | |
| TO: | Regional Directors Special Nutrition Programs All Regions |
State Directors Child Nutrition Programs All States |
We have received numerous inquiries in the past several weeks concerning a document produced by the Harrison Institute for Public Law at Georgetown University addressing the purchase of products from local farmers. The document expresses the view that Congress, as part of the 2002 Farm Bill, expressed clear support for geographic preferences in purchases made for school food service programs.
That interpretation is incorrect and FNS disagrees with it as a result. Federal procurement regulations at 7 CFR 3016.60(c) clearly prohibit the use of state or local geographic preferences. All purchases made with nonprofit school food service account funds are to be made competitively, consistent with federal laws and regulations.
Further discussion of this issue can be found in Q&As we published on May 20, 2003 and April 29, 2005.
STANLEY C. GARNETT
Director
Child Nutrition Division