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School Districts and Federal Procurement Regulations

EO Guidance Document #
FNS-GD-2007-0003
FNS Document #
SP02-2007
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon SP 02-2007 (124.98 KB)
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

 

Attachment
01/23/2007

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.