FNS Documents & Resources

The purpose of this memorandum is to amend guidance provided in SP 45-2016 Draft Tool for Local Agency Procurement Reviews for School Food Authorities in SY 2016-17 and to clarify FNS expectations for state agency oversight of school food authority procurement procedures.

This memorandum replaces SP 24-2016, Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program. It provides several updates, including suggested contract language to be utilized in solicitations, and serves to reinforce the importance of the Buy American provision to our economy and its positive effects on small and local businesses.

FNS is issuing this policy memo in response to inquiries about how state agencies are required to inform households about required and missing verification and how this interacts with other Supplemental Nutrition Assistance Program (SNAP) requirements, including whether a state may close a case on the 30th day following application.

This memorandum provides general guidance on the various procurement groups FNS has identified, how to use each group in a way that complies with federal procurement standards, and supersedes SP 35-2012, Procuring Services of Purchasing Cooperatives, Group Purchasing Organizations, Group Buying Organizations, etc., dated June 12, 2012.

This memorandum provides guidance for all state agencies administering WIC related to the issuance, acceptance, and confirmation of Verification of Certification when a WIC participant moves from one service delivery area to another, particularly in the case of participants that move from one state to another.

Under previous interpretation of 2 CFR 200.325, FNS communicated that “subcontracts exceeding the Simplified Acquisition Threshold” not only applied to subcontracts related to construction or facility improvement contracts, but also applied to food service management companies as the contracts they have with school food authorities were considered to be subcontracts and, therefore, fell under the scope of the bonding requirements in 2 CFR 200.325

Recent communications between FNS and state agency program staff during procurement trainings and management evaluations conducted in fiscal year 2014-2015 indicated a need for guidance on competitive procurement standards. This page lists where to find the standards.

FNS is aware that school food authorities and program operators may be operating NSLP, SBP, and other child nutrition programs, in a way that includes offering reimbursable meals and non-program foods (a la carte sales, catering, adult meals, etc.) using foods from popular franchise restaurants through a franchise agreement.

Program integrity is essential in all aspects of program administration and state agencies contribute to this by overseeing program operations. To this end, this memorandum provides guidance on state agency oversight of program operator procurement procedures while FNS is currently developing a Local Agency Procurement Review Tool to aid state agencies.

FNS has received many questions related to implementation of 2 CFR Part 200 and understands that changes to financial and procurement systems are costly and require time to develop and implement. Therefore, FNS will work with state agencies during this transition period and will seek to answer questions and provide guidance as needed.