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WIC Infant Formula Rebate Solicitations – Bidding on Single Milk- and Soy-Based Infant Formula

EO Guidance Document #
FNS-GD-2019-0082
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon Policy Memo (106.38 KB)
DATE: October 7, 2019
SUBJECT: Informational Memorandum: WIC Infant Formula Rebate Solicitations – Bidding on Single Milk- and Soy-Based Infant Formula
TO: Regional Directors
Special Nutrition Programs
All Regional Offices WIC
State Agency Directors
All WIC State Agencies

Recently, FNS has received questions about the definition of single milk-based infant formula, including questions related to the allowability of bidding on multiple product lines or formulations in response to a single solicitation. The purpose of this memorandum is to ensure that all stakeholders are aware of the federal regulatory scheme related to bidding on single milk- and soy-based infant formula rebate contracts.

WIC regulations at 7 CFR 246.16a(c)(4) require bidders for infant formula rebate solicitations to specify the brand name of the single milk-based infant formula and single soy-based infant formula for which the rebate is being specified in all three physical forms of infant formula (concentrated liquid, powdered, and ready-to-feed). The terms “single milk-based” and “single soy-based” infant formula are not defined in regulation. Additionally there are no federal requirements that infant formula manufacturers must bid using the exact same product line or formulation for all three physical forms of milk- or soy-based infant formula in response to a single solicitation.

Pursuant to the Congressional Review Act (5 USC 801 et seq.), the Office of Information and Regulatory Affairs designated this notice as ‘not major’, as defined by 5 USC 804(2).

Sarah Widor
Director
Supplemental Food Programs Division

10/17/2019

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.