Suspension, Debarment, and Lobbying Certifications
Nutrition Services Division Management Bulletin
To: Sponsors of the National School Lunch Program and School Breakfast Program, County Superintendents of Schools, Diocesan Superintendents of Schools
Attention: Food Service Directors
Date: July 1998
|From: School Nutrition Programs|
Subject: Suspension, Debarment, and Lobbying Certifications and Policies
|Reference: Management Bulletin 97-106 and 94-105; USDA All Points Bulletins SP-98-02, CNP- 98-02, CNP-98-03, CNP-98-19|
This Management Bulletin transmits information contained in the attached four All Points Bulletins (APB) issued by the United States Department of Agriculture regarding suspension, debarment, and lobbying certifications and policies. Also attached are the Suspension/Debarment Certification and Certification Regarding Lobbying forms and instructions disseminated with the 1998/99 School Nutrition Program renewal documents. Each attached APB is summarized below.
- APB: SP-98-02 and APB CNP-98-19 Suspension and Debarment
These APBs explain actions to be taken by the State agency and school food authorities (SFA) when a vendor is on the U.S. General Service Administration’s Suspension and Debarment List. Most of this information was disseminated to school nutrition sponsors in Management Bulletin Number 94-105 dated March 1994. An SFA is prohibited from contracting with a vendor that has been debarred, proposed for debarment, or suspended. The prohibition does not extend to contracts in existence at the time of the debarment/suspension or to most contracts under
$100,000$25,000 (value corrected). Rather, it applies to new contracts and extensions or renewals of existing contracts of $100,000$ 25,000 or more and to contracts for audit services, regardless of the amount. When a federal agency takes an action that suspends, debars, or proposes debarment, the vendor’s contracts with all other federal agencies are affected. Note: Prior to February 5, 1996, the contract threshold amount was $25,000.
- APB: CNP-98-02 Certifications for Suspension and Debarment
This APB informs the State agency that a Suspension/Debarment Certification and Certification Regarding Lobbying form is to be obtained by SFAs from existing vendors or potential vendors when contracts exceed $100,000. Also, when an SFA receives more than $100,000 in federal school nutrition reimbursements, the SFA must annually complete a Certification Regarding Lobbying as part of the annual process to renew school nutrition program agreements.
- APB: CNP-98-03 Reciprocity Rule and Questions & Answers re: Suspension and Debarment
This APB explains that suspension, proposed debarment, debarment, and voluntary exclusion apply to both federal nonprocurement programs (e.g., School Nutrition Programs) and procurement programs that involve purchases directly by the government. It again states that the SFA must require any potential vendor to include a certification statement with each bid on each contract of
$100,000$ 25,000 or more. The bidder certifies that neither it nor any of its principals (e.g., key employees) have been proposed for debarment, debarred, or suspended by a federal agency. It is the responsibility of each bidder to sign the certification statement and submit it with any bid. The SFA may rely upon the certification statement submitted by a bidder unless it is known to be erroneous. In such a case, the SFA should contact the State agency for confirmation of the bidder’s status regarding debarment and suspension.
- Suspension and Debarment Certification at http://www.cde.ca.gov/ls/nu/sn/documents/mb98113att1.doc
- Certification Regarding Lobbying at http://www.cde.ca.gov/ls/nu/sn/documents/mb98113att2.doc
- Certification and Disclosure Statements at http://www.cde.ca.gov/ls/nu/sn/mb98113att3.asp or in Microsoft Word format at http://www.cde.ca.gov/ls/nu/sn/documents/mb98113att3.doc
- Disclosure of Lobbying Activities at http://www.cde.ca.gov/ls/nu/sn/documents/mb98113att4.doc