Procurement in Child Nutrition Programs

Introduction

This Web page provides procurement information for U.S. Department of Agriculture (USDA) child nutrition programs (CNP) administered by the California Department of Education (CDE), including the National School Lunch Program (NSLP), Child and Adult Care Food Program (CACFP), Summer Food Service Program (SFSP), and the Food Distribution Program (FDP). Procurement requirements apply to all agencies that participate in CNPs. The CDE is committed to providing ongoing guidance to support CNP agencies with the proper procurement of goods and services, and encourages all CNP agencies to routinely review and use the resources on both this Web page and the Procurement in School Nutrition Programs Web page.

Background

The federal government, in an attempt to streamline the administration of federal grants, consolidated several federal regulatory sections into Title 2, Code of Federal Regulations (2 CFR), Part 200 (Super Circular). The Super Circular replaces existing rules in Title 7, Code of Federal Regulations (7 CFR), parts 3015, 3016, 3019, and 3052; and in 2 CFR, parts 215, 220, 225, and 230 (Office of Management and Budget Circulars A-133, A-21, A-87, and A-122, respectively). CNP operators can access the Super Circular on the U.S Government Publishing Office Electronic Code of Federal Regulations Part 200 Web page.

The procurement standards in the Super Circular became effective for the NSLP, CACFP, SFSP, and FDP on October 1, 2015.

Overview

Procurement is defined as a multistep process for obtaining goods and services at the lowest possible price. The steps in this process include planning, writing specifications, advertising the procurement, awarding a contract, and managing the contract. Procurement standards for the CNPs are located in 2 CFR, sections 200.318–200.326 and in 7 CFR, parts 210, 225, 226, and 250 (as applicable). At a minimum, the regulations require CNP participating districts and agencies to:

• Conduct procurements in a manner that promotes full and open competition.
  
  
• Develop and maintain a written standard (or code) of conduct that covers conflicts of interest, including organizational conflicts of interest, and governs the performance of employees engaged in the selection, award, and administration of contracts.
  
  
• Develop and maintain written procurement procedures designed to avoid the acquisition of unnecessary or duplicative items.

Frequently Asked Questions (FAQ)

(Please check frequently for updates.)

• Procurement in Child Nutrition Programs FAQs (New Sep-2017)
  This CDE Web page provides answers to FAQs regarding procurement in CNPs. It is meant to aid CNP operators with understanding the requirements surrounding the procurement of goods and services using federal funds. If you are unable to find the answer to your question, please contact the Office Technician from the appropriate program listed in the Contact Information section.
  

Federal Regulations and Guidance

• The Electronic 2 CFR, Part 200
  General procurement regulations in 2 CFR, sections 200.318–200.326.
  
  
• 7 CFR, Part 210
  Federal regulations governing the NSLP.
  
  
• 7 CFR, Part 220
  Federal regulations governing the School Breakfast Program.
  
  
• 7 CFR, Part 225
  Federal regulations governing the SFSP.
  
  
• 7 CFR, Part 226
  Federal regulations governing the CACFP.
  
  
• 7 CFR, Part 250
  Federal regulations governing the FDP.
  
  
• USDA Policy Memorandum SP 30-2015, CACFP 16-2015, and SFSP 18-2015
  This Policy Memo includes a link to a set of FAQs about the Super Circular.
  

Resources

The resources listed below provide procurement guidance to CNP districts and agencies.

• CDE Code of Conduct and Procurement Procedures Checklist (DOC; New Sep-2017)
  Provides agencies with the basic components required in these procurement documents.
  
  
• Procurement in the 21^st Century (Under Revision)
  From the Institute of Child Nutrition (ICN), this training course is a federally endorsed resource designed specifically for CNP agencies.

School Nutrition Programs

• Procuring Local Foods
  This USDA Web page contains a guide, decision tree, policies, and resources to help ensure that agencies have the resources and knowledge necessary to incorporate local foods into their day-to-day operations.
  
  
• Procurement—School Nutrition Programs (SNP)
  This CDE Web page contains regulations, requirements, and guidance governing all school food service procurements for the SNPs. This CDE Web page also includes a procurement guidance video series .

• Buy American Guidance
  This CDE Web page (select the Procurement tab) contains guidance on the requirement for all school food authorities (SFA) to comply with the Buy American Provision. Additional Buy American guidance is listed below.
  
  
  • USDA Policy Memo SP-38-2017, Compliance with and Enforcement of the Buy American Provision in the NSLP (PDF)
    
    
  • USDA Policy Memo SP-24-2016, Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program (PDF) (superseded by SP-38-2017 on June 30, 2017)
    
    
  • USDA Policy Memo SP-29-2006, Buy American Reminder (PDF)
    
    
  • USDA Policy Memo SP-20-2006, Procurement Questions Relevant to the Buy American Provision (PDF)
    
    
  • The ICN Procurement in the 21^st Century Resource Manual
    
    
  • The USDA Procuring Local Foods in CNPs Guide
    
    
  • CDE Training: Buy American Provision in SNPs Video (Video; 25:23)
  
  
• 2017–18 SNP Procurement Reviews
  The resources listed below provide guidance to SNP operators about the 2017–18 SNP procurement review.

• SNP Schedule for Procurement Reviews in School Year 2017-18
  A list of SNP operators scheduled for a Procurement Review in the 2017-18 school year.
  
  
• Procurement Review Instructions (New Sep-2017)
  Instructions for the procurement review process including the required documents that the SFA must submit to the CDE for review and a list of additional documents the CDE may request.
  
  
• Steps in the Procurement Review Process (New Sep-2017)
  Document that outlines the various steps in the procurement review process.
  
  
• Vendor Paid List Instructions (New Sep-2017)
  List of common goods and services that the SFA should include and exclude in the Vendor Paid List provided to the CDE for the procurement review.
  
  
• Review Questions and Applicable Procurement Standards
  Link to the USDA 2016-17 Local Agency Procurement Review Tool (Tool), which the CDE is using to review SNP operators until the 2017-18 Tool is released by the USDA and implemented by the CDE.
  
  
• Procurement Review Process Training Video (New Sep-2017)
  YouTube video that provides SFAs with step-by-step instructions on the procurement review process.
  

Child and Adult Care Food Program

• Procurement Trainings
  Procurement trainings for agencies participating in the CACFP and the SFSP.
  
  
• Local Foods and Related Activities in the CACFP
  This USDA Web page provides a variety of procurement resources.

Summer Food Service Program

• Procurement Trainings
  Procurement trainings for agencies participating in the CACFP and the SFSP.
  
  
• Administrative Guidance for Sponsors
  This USDA Food and Nutrition Service handbook for SFSP sponsors contains updated procurement information resulting from the Super Circular.

Cafeteria Fund

• Cafeteria Fund Guidance
  This CDE Web page provides information about the cafeteria fund, a restricted account that SNP agencies may use only for the operation and improvement of the nonprofit school food service.

Contact Information

If you have any questions regarding this subject, please contact your Program Specialist. A list of Program Specialists is available in the Download Forms section of the Child Nutrition Information and Payment System . You can also contact the following program support staff for assistance:

• SNP: Niki Maples, Office Technician (OT), by phone at 916-322-3005 or by e-mail at nmaples@cde.ca.gov.
• Procurement Resources Unit: Debbie Reeves, OT, by phone at 916-319-0636 or by e-mail at dreeves@cde.ca.gov.
• CACFP: Nancy Charpentier, OT, by phone at 916-327-2991 or by e-mail at ncharpentier@cde.ca.gov.
• SFSP: Larry Frakes, OT, by phone at 916-322-8323 or by e-mail at lfrakes@cde.ca.gov.

You can also contact the Nutrition Services Division by phone at 800-952-5609.