Recently, we have received numerous concerns regarding the improper application of the new procurement rule, Procurement Requirements for the National School Lunch, School Breakfast and Special Milk Program, which was published in the Federal Register on Oct. 31, 2007 and became effective on Nov. 30, 2007.
This memorandum is intended to provide clarification of what is allowable, for contracts executed both prior to and after publication of the final rule.
The purpose of this memorandum is to highlight the key provisions of the final rule and emphasize the responsibilities state agencies have in ensuring compliance with these provisions and with contract enforcement and oversight.
It has come to our attention that there may be some confusion concerning fluid milk, and how it is offered in reimbursable lunches. Under all menu planning approaches, fluid milk is a separate food component/menu item.
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.
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 are continuing 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.
Periodically, we receive questions concerning the procurement requirements of 7 CFR Parts 3016 and 3019 and certain procurement procedures used by public and nonprofit school food authorities. Attached are a number of these recent questions and their corresponding answers.
Regarding awarding contracts, state agencies are advised to carefully review school district to ensure they are in compliance with federal regulations and take appropriate actions.
Recently, we have been asked 1) whether an equipment manufacturer would violate Department regulation 7 CFR Part 3016.60(b) if the equipment manufacturer writes the bid specifications for a school food authority (SFA) when that manufacturer does not directly sell its products to the SFA, but uses dealers or distributors instead and 2), would a food service management company (FSMC) violate §3016.60(b), if the FSMC drafted a provision to amend an existing SFA-FSMC contract