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Applicability of the Department Nonprocurement Suspension and Debarment Regulations to Farmers in the WIC FMNP

EO Guidance Document #
FNS Document #
FMNP 95-2
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon Policy Memo (108.76 KB)
DATE: February 23, 1995
MEMO CODE: FMNP Policy Memorandum: #95-2
SUBJECT: Applicability of the Departmental Non-procurement Suspension · and Debarment
TO: Regional Directors
Supplemental Food Programs
All Regions
Regulations to Farmers
in the WIC Farmers Market
Nutrition Program (FMNP)

Recently we were asked to clarify whether farmers or farmers' markets participating in the FMNP were excluded from the certification requirements set forth in Departmental regulations 7 CFR Part 3017, Non-procurement Suspension and Debarment. This rule requires persons who are applying to participate in covered transactions at both the primary and lower-tier level to certify that neither they nor their principals are presently debarred, suspended, or proposed for debarment by any federal department or agency under the government-wide non-procurement, debarment and suspension regulations. Covered transactions include numerous types of non-procurement transactions in the Department's domestic assistance programs including grants, cooperative agreements, scholarships, fellowships, loans, loan guarantees, subsidies, insurance payments, payments for specified use and donation agreements.

We have concluded that neither the authorization of farmers or farmers' markets nor the exchange of a FMNP coupon between a certified FMNP recipient and an approved farmer or farmers' markets in the FMNP represents "covered transactions". Therefore, farmers or farmers' markets in the FMNP are not subject to the certification requirements stated at 7 CFR Part 3017.

Supplemental Food Program Division
Acting Director
Grants Management Division
Page updated: December 09, 2021

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.