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Perishable Foods in Child Nutrition Programs


Nutrition Services Division Management Bulletin

Purpose: Policy

To: Child Nutrition Program Operators

Attention: Food Service Directors, Business Officials, Superintendents, Administrators, Purchasing Agents, and Finance Directors

Number: CNP-05-2018

Date: May 2018

Reference: Title 2, Code of Federal Regulations, sections 200.317–200.326,  California Education Code Section 38083

Subject: Perishable Foods in Child Nutrition Programs


This management bulletin is intended to remind all Child Nutrition Program Operators that federal regulations require all foods and beverages purchased for any of the Child Nutrition Programs (CNP) to be competitively procured, except under the limited exemptions listed in Title 2, Code of Federal Regulations (2 CFR), Section 200.320(f). After review of California Education Code (EC) Section 38083, the California Department of Education has determined that the California statute is inconsistent with federal procurement regulations and therefore all CNP program operators approved to operate any of the CNPs must comply with 2 CFR, Part 200, Subpart D.

As noted previously, the federal allowance for noncompetitively procuring goods and services is described in 2 CFR, Section 200.320(f):

Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:

  1. The item is only available from a single source;

  2. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

  3. The federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the nonfederal entity, or;

  4. After solicitation of a number of sources, competition is determined inadequate.

Any perishable foods or seasonable commodities noncompetitively procured under the authority of EC Section 38083 will result in disallowance of the purchase(s) and the local educational agency will be required to repay the nonprofit school food service account from an allowable nonfederal funding source.

Contact Information
If you have any questions regarding this subject, please contact the appropriate Nutrition Services Division staff member for your agency as indicated below.

  • Procurement Resources Unit

    If you have any questions regarding this subject, please contact the Procurement Resources Unit by email at SFSContracts@cde.ca.gov.

  • School Nutrition Programs

    You can find contact information for the School Nutrition Programs (SNP) Specialists in the Download Forms section of the Child Nutrition Information and Payment System (CNIPS). You may also contact Marisa Vassey, SNP Office Technician (OT), by phone at 916-322-1450, or by email at mvassey@cde.ca.gov.

  • Child and Adult Care Food Program

    You can find contact information for the Child and Adult Care Food Program (CACFP) Specialists in the Download Forms section of the CNIPS. You may also contact Nancy Charpentier, CACFP OT, by phone at 916-327-2991, or by email at ncharpentier@cde.ca.gov.

  • Summer Meals Unit

    Please contact the Summer Meals Unit at SFSP@cde.ca.gov.
Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Tuesday, May 14, 2019
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