FNS Documents & Resources

This memorandum responds to a number of recent questions and requests to provide clarifying guidance to state agencies and child nutrition program operators, including the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Food Service Program, regarding the expectation and enforcement of ethical conduct by their employees engaged in procurement of program goods and service.

This memorandum clarifies how school food authorities may use funds provided under Sections 4 and 11 or 19 of the National School Lunch Act to purchase fresh fruits and vegetables from DoD Fresh Fruit and Vegetable Program vendors.

In an effort to simplify procurement requirements for SFSP sponsors, this memorandum links existing procurement and contract thresholds referenced in the program regulations to the federal small purchase threshold currently set at $150,000.

This guidance serves as a general reminder to state agencies about the importance of complying with the Buy American provisions that are found in the regulations of the National School Lunch Program and the School Breakfast Program.

We continue to receive questions regarding procurements in the child nutrition programs, particularly in the National School Lunch and School Breakfast Programs. Attached are the most recently received questions and answers.

It has come to our attention that a number of state agencies and school food authorities are failing to maintain appropriate records for procurement transactions occurring in connection with the child nutrition programs.

This guidance was issued upon our learning that a number of school food authorities were not drafting their own specifications and procurement documents for certain software acquisitions but instead directly incorporating a list of features written by a prospective bidder.