FNS Documents & Resources

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.

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 guidance provides steps state agencies and school administrators can take to improve access to school meal programs through the application, certification, and verification processes so that all eligible children in NSLP and SBP schools have the opportunity to participate in the school meal programs.

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

On Dec. 1, 2014, the U.S. Department of Health and Human Services, Food and Drug Administration published the final rule, Food Labeling; Calorie Labeling of Articles of Food in Vending Machines, in the Federal Register.

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. 

The U.S. Department of Health and Human Services, Food and Drug Administration (FDA) published the final rule, Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments in the Federal Register (79 FR 71155) on Dec. 1, 2014.