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Federal Procurement Regulations


Nutrition Services Division

To: All Child Nutrition Program Sponsors

Number: 02-107,  02-205,  02-710

Attention: Food Program Director

Date: May 2002

Subject: Federal Procurement Regulations

Reference: United States Department of Agriculture Child and Adult Care Food Program (CACFP) Policy Memo 02-05, Summer Food Service Program (SFSP) Policy Memo 02-04, and School Programs Policy Memo 02-07; Title 7, Code of Federal Regulations Sections 3016.60 and 3019.43

This Management Bulletin serves as a reminder from the United States Department of Agriculture that Title 7, Code of Federal Regulations Sections 3016.60 and 3019.43 prohibit sponsors of Child Nutrition Programs from awarding contracts to entities that develop, draft, or in any other way prepare specifications, requirements, statements of work, invitation for bids, requests for proposals, contract terms and conditions, or other documents on behalf of a sponsor.

Sponsors have broad discretion in gathering information to use in the development of contracts. However, sponsors must appropriately modify the information received from potential bidders and develop their own, tailored specifications. If sponsors fail to modify the information received from potential bidders, the sponsors must exclude the bidders from competing in the contract procurement process. If noncompliance to this policy is found during a sponsor’s coordinated review effort, administrative review, or technical assistance visit, we will take appropriate action.

Questions:   School Nutrition Programs Unit | 800-952-5609
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