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WIC Eligibility Requirements to Bid on State Agency Infant Formula Contracts

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Technical Assistance & Guidance
Technical Assistance
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Infant Formula Contracts in WIC

WIC provides infant formula for eligible participants. Since 1989, Congress has required WIC state agencies to competitively solicit bids from infant formula manufacturers to supply and provide a rebate (i.e., discount) for each can of formula purchased with WIC benefits. The WIC state agency then awards a single-supplier contract to the manufacturer offering the highest discount on wholesale prices. This contract is between the WIC state agency and manufacturer and is subject to state specific procurement laws, policies, and processes.

Infant formula rebate contracts significantly lower WIC food costs and allow the program to provide benefits to every eligible infant participating in the program. For more information, see “What is the WIC infant formula rebate system?” on the WIC FAQ page.

The diagrams below indicate which manufacturers currently hold the WIC infant formula contract for each state agency.
Hex map showing the infant formula contract holder in each WIC State agency as of January 2024.
FNS tracks WIC infant formula & contracts based on information reported from state agencies.

What are the requirements for infant formula?

Manufacturers must supply infant formula that:

  • Complies with the definition of "infant formula" in the Federal Food, Drug, and Cosmetic Act (21 USC 321(z)) and meets the requirements for an infant formula under section 412, and regulations at 21 CFR 106 and 107.
  • Is nutritionally complete and does not require any ingredient other than water prior to being served in a liquid state.
  • Designed for enteral digestion via oral or tube feeding.
  • Provides at least 10 mg iron per liter (at least 1.5 mg iron/100 kilocalories) at standard dilution.
  • Provides at least 67 kilocalories per 100 milliliters (approximately 20 kilocalories per fluid ounce) at standard dilution.

At least once a year, state agencies must provide all authorized WIC vendors with a list that includes the names and addresses of the infant formula wholesalers, distributors, and retailers licensed in the state in accordance with state law, and infant formula manufacturers registered with the Food and Drug Administration (FDA) that provide infant formula. FNS has provided information about the requirements and best practices for oversight of the infant formula suppliers list.

FNS Infant Formula Rebate Solicitation Checklist Tool (the Checklist)

This Excel-based tool may be used in developing state agencies’ infant formula rebate contract solicitations. This tool provides technical assistance that is clear, consistent and up-to-date. FNS does not provide state procurement guidance – state agencies should consult with their legal and procurement offices when developing bid solicitations and processes.

Are there currently any open solicitations for manufacturers to bid on?

State solicitations for infant formula rebate bids must be conducted in a manner that maximizes full and open competition. Manufacturers should consult state solicitations for complete details of state requirements.

Below is the list of WIC state agencies with open solicitations for bids. Click the name of the WIC state agency to be redirected to the state procurement website for complete information about the solicitation.

Please contact the WIC state agency with specific questions about current rebate contracts. The information provided here is secondary to information made available on the state procurement website.

Page updated: May 28, 2024