Summer Food Service Program

          Federal regulation 7 CFR Part 3016.36(b) prohibits the awarding of contracts to any entity that develops or drafts specifications, requirements, statements of work, invitations for bids, requests for proposals, contract terms and conditions or other procurement documents.  This reminder is being re-issued since USDA continues to receive complaints that a number of school food authorities (SFAs) are not drafting their own specifications and procurement documents, but instead directly incorporating a list of features written by a prospective bidder. 

The 2008 Farm Bill amended the Richard B. Russell National School Lunch Act to direct that the Secretary of Agriculture encourage institutions operating Child Nutrition Programs to purchase unprocessed locally grown and locally raised agricultural products.

Provisions of the law effective October 1, 2008 were initially implemented through policy memoranda and explanatory question and answer communications. A proposed rule was published April 19, 2010; USDA received 77 comments which were reviewed before they issued their final rule on this subject on April 22, 2011.

The purpose of this memorandum is to update the definition of what is considered “unprocessed” for the purposes of applying the optional geographic preference for procurement in the Child Nutrition Programs.

It has been brought to our attention that some schools may be applying for or participating in grant programs aimed at assisting schools with start-up and/or expansion, especially of the School Breakfast Program (SBP) and Summer Food Service Program (SFSP). The foundations sponsoring the grants are associated with companies that provide goods and services to the school meal programs. Review of these grant programs revealed that at least some contain a mandatory purchasing component, requiring recipients to purchase and use a vendor's specified product for a stipulated amount of time.

This memorandum provides information on a provision of the recently enacted Food, Conservation, and Energy Act of 2008 (P.L. 110-246) that applies to procurements in the Child Nutrition Programs.  Section 4302 of P.L. 110-246 amended section 9(j) of the Richard B. Russell National School Lunch Act (NSLA) to require the Secretary of Agriculture to encourage institutions operating the Child Nutrition Programs to purchase unprocessed locally grown and locally raised agricultural products. 

Section 301 of the The Healthy, Hunger-Free Kids Act of 2010 (the Act), Public Law 111-296  amends section 9(d)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d) (1)) by removing the requirement that the adult household member who signs a household application for free and reduced-price meals also must provide his or her complete Social Security Number (SSN), as a condition of eligibility.  As amended by the Act, Section 9(d)(1)  now requires that only the last four digits of the SSN must be provided on the application.

Full USDA memo in printer-friendly form can be found here:https://www.fns.usda.gov/cn/crediting-tofu-and-soy-yogurt-products-schoo....

SFAs have asked if the American Recovery and Reinvestment Act (ARRA) Food Service Equipment Assistance Grant, the National School Lunch Program (NSLP) Equipment Assistance Grants and the Fresh Fruit and Vegetable Program (FFVP) grant are included in the child nutrition cluster.

The child nutrition cluster consists of the: School Breakfast Program CFDA 10.553, National School Lunch Program CFDA 10.555, Special Milk Program CFDA 10.556 and the Summer Food Service Program CFDA 10.559.

School Food Authorities (SFAs) expending more than $500,000 in Federal dollars must conduct single audits in accordance with OMB Circular A-133.

Both Federal regulations (3052.225) and Circular A-133 mandate that State agencies take immediate corrective action when sub-recipients (SFAs) either do not conduct single audits, or conduct single audits not in accordance with A-133.

Children with Diabetes- A Resource Guide for Families and Schools from NYS Department of Health