School Nutrition Programs Compliance Handbook

Table 1.1: Capital Expenditures Definitions

·      “Acquisition cost” means the (total) cost of the asset including the cost to ready the asset for its intended use. For example, acquisition cost for equipment means the net invoice price of the equipment, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired.  Acquisition costs for software include those development costs capitalized in accordance with generally accepted accounting principles (GAAP). Ancillary charges such as taxes, duty, protective in transit insurance, freight, and installation may be included in or excluded from the acquisition cost in accordance with the recipient's or subrecipient's regular accounting practices [as defined by federal regulation 2 CFR 200.1].

·      "Capital Expenditures" means expenditures for the acquisition cost of capital assets (equipment, buildings, land), or expenditures to make improvements to capital assets that materially increase their value or useful life [as defined by federal regulation 2 CFR 200.1].

·      "Equipment" means an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-profit organization for financial statement purposes, or $10,000 [as defined by federal regulation 2 CFR Part 200.1].

·      “General purpose equipment" means equipment that is not limited to research, medical, scientific, or other technical activities. Examples include office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment, and motor vehicles [as defined by federal regulation 2 CFR Part 200.1].

·      “Special purpose equipment" means equipment that is used only for research, medical, scientific, or other similar technical activities. Examples of special purpose equipment include microscopes, x-ray machines, surgical instruments, spectrometers, and associated software [as defined by federal regulation 2 CFR Part 200.1].

Table 1.2: Pre-Approved List of Equipment over $10,000

Food Preparation

Mixer

Slicer

Work/Prep Tables

Commercial Griddles

Proofer

Serving Equipment

Salad Bar

Hot Food Bar

Serving Line

Transport Cart

Food Kiosk or cart

Hot Holding Cabinet

Milk Dispenser

Cooking Equipment

Commercial Cook Tops and Ranges

Commercial Ovens (Combi, Convection, or Conventional)

Tilting Skillet/Braising Pan

Steamer

Greaseless (Air) Fryer

Griddle

Broiler

Hood

Exhaust

Fire Suppression Hood

Condensate

Refrigeration/Freezer Systems

Reach in Cooler/Freezer

Pass through Refrigerator

Milk Cooler

Walk in Cooler/Freezer

Blast Chiller

Display Cases

Ice Machines

Cleaning Equipment

Commercial Dish Machine

Booster Heater

Commercial Sink (Compartment, Hand, Utility)

Hot Water Tank (CNP use only)

Commercial Disposal

Technology (for Child Nutrition Programs Use Only)

Computer Hardware

Computer Software (Benefit Issuance, Nutrient Analysis)

Point of Service (POS) - scanners, keypads, etc.

Cash Registers

Table 1.3: Unallowable Procurement Practices

·      Allowing a potential contractor to write the bid or proposal terms, product specifications, procurement procedures, or contract terms [prohibited by federal regulation 2 CFR Part 200.319 (b)].

·      Allowing a potential contractor to evaluate bids or proposals submitted by competitors.

·      Delegating bid/proposal acceptance or recommendation for acceptance to a potential contractor competing on the procurement.

·      Allowing a potential contractor access to sealed bid information before the bids are publicly opened.

·      Disclosing the content of proposal offers submitted by others to a potential supplier prior to the supplier submitting an offer.

·      Negotiating under the formal advertising method (sealed bid) of procurement.

·      Accepting non-responsive bids or offers.

·      Accepting bids due to geographic preferences except for purchases allowed by federal regulations (see Geographical Preferences section of this chapter for more information). 

·      Capital expenditures for general purpose equipment, buildings, and land are unallowable as direct charges, except where approved in advance by the awarding agency.

·      Capital expenditures for improvements to land, buildings, or equipment which materially increase their value or useful life are unallowable as a direct cost except with the prior approval of the awarding agency.

·      Equipment and other capital expenditures are unallowable as indirect costs.

Table 2.1: Micro Purchase Method of Procurement

Micro-purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro-purchase threshold. Micro-purchase procedures comprise a subset of a non-Federal entity's small purchase procedures. The non-Federal entity uses such procedures to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. The micro-purchase threshold is set by federal regulation [2 CFR 200.320 (a) (1) (iv)].   Non-federal entities are permitted to establish a threshold up to $15,000 the current established threshold established by the Federal Acquisition Regulation.  SFAs may set their micro-purchase threshold lower but not more than up to $15,000.  Each SFA establishes their threshold for the micro-purchase method in their procurement plan.

When micro purchase procedures are used, the following conditions, stipulations, and terms must be met:

·      Purchases may be made without soliciting competitive quotations [as permitted by federal regulation 2 CFR 200.320 (a)].

·      Each SFA determines what a “reasonable” price is for a good or service being procured [per federal regulation 2 CFR 200.320 (a) (1) (ii)].

·      Purchases to the maximum extent practicable should be distributed equitably among qualified suppliers [per federal regulation 2 CFR 200.320 (a)].

When checking vendor prices using the micro-purchase method of procurement best practice is the use of a written solicitation document with specifications for goods and services being procured.  This document then must be sent prospective vendors.  The use of the written solicitation document is optional when using the micro-purchase method. OKDHS School Nutrition Programs has a prototype written solicitation document available upon request eamil AFS.School.Nutrition.Programs@okdhs.org

Table 2.2: Small Purchase Method of Procurement

The small purchase method is an informal method of procurement for securing services, supplies, goods, or equipment that do not cost more than the simplified acquisition threshold set at less than $350,000.  This method of procurement is more formal than the micro-purchase method of procurement.

SFAs set their simplified acquisition threshold in their procurement plan. This threshold can be set at less than $350,000 or can be set at a lesser amount.  SFAs are prohibited for setting the simplified acquisition threshold at an amount greater than $350,000.

If the small purchase method is used, School Food Authorities (SFA) must provide written solicitations to perspective vendors and obtain prices or rate quotations from an adequate number of qualified vendors (for each product or group of products). The aggregate amount for each product or group of products must not exceed $350,000 in a program year.  USDA defines three vendors as an adequate number to contact for each group of products. 

When small purchase procedures are used, the following conditions, stipulation, and  

terms must be met:

• The goods, equipment, or services to be purchased must be adequately and consistently described in a written solicitation for each prospective supplier so that each one can provide price quotes on the same merchandise or service. 

o   Each prospective supplier must be provided the same written solicitation containing the specifications for the good or service being procured.  Specifications must be generic so that vendors have an opportunity to provide quotes.  Do not request brand names.  Instead of requesting brands you may take the brand and type of product or equivalent.  Example Child Nutrition (CN) labeled Tyson breaded chicken patty or equivalent. 

o   Each prospective supplier must be given the same timeline for responding. 

o   For processed food items, request CN labeled products or product formulation sheets or name of item as it is listed in food buying guide.

o   Include the Buy American Provision on your written solicitation [as required by federal regulations 7 CFR Part 210.321 (d) (3) and 7 CFR Part 220.16 (d) (3)].

o   Both written and verbal contacts must be documented.  The Purchase Documentation Sheet may be used to document descriptions and price quotes.  Vendor contacts are recorded on the Vendor Contact form.  Email AFS.School.Nutrition.Programs@okdhs.org to request copy of these resources.  Many schools will have a computerized version that can be updated frequently. 

·      The written solicitation containing the specifications for the goods and services being procured must be sent (i.e., fax or e-mail) or communicated to (i.e., telephone) or in person to at least three vendors.  SFAs must document the prospective vendor being provided with the written solicitation.  OKDHS School Nutrition Programs has a prototype written solicitation document that must be used to generate the written solicitation document when using the small purchase method of procurement.  Email OKDHS SNP to request a copy of prototype written solicitation document at AFS.School.Nutrition.Programs@okdhs.org.

·      SFAs must receive at least two responses from qualified vendors prior to proceeding with the process of selecting a vendor [as required by federal regulation 2 CFR Part 200.320 (a) (2) (i)].

·      SFAs must purchase from vendors that quote the lowest aggregate price and conform to all the material terms and conditions listed in the written solicitation document.  If an SFA does not buy from the supplier with the lowest prices, justification must be documented for not going with the lowest price.

·      SFAs must document the vendor purchased from using the small purchase method. The documentation must include the reasoning for making the determination.

·      Responses from vendors can be written or verbal form. Verbal quotes must be documented. 

Table 2.3: Formal Method of Procurement – Sealed Bids

Procurements by sealed bids are making use of the formal method of procurement.  Bids are publicly solicited, and a firm-fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the Intent to Bid (ITB), is the lowest in price.  SFAs are required to conduct this method when aggregate purchases for a group of products exceed $350,000 for the program year, and competitive and noncompetitive negotiations are not applicable.

To conduct the sealed bid method, the following conditions should be present:

1.     A complete, adequate, and realistic specification or purchase description is known as the Invitation to Bid (ITB) is available to prospective bidders [as required by federal regulation 2 CFR Part 200.320 (b) (1) (i) (A)]. 

2.     Two or more responsible bidders are willing and able to compete effectively for the business [as required by federal regulation 2 CFR Part 200.320 (b) (1) (i) (B)].

3.     The procurement lends itself to a firm-fixed-price contract, and the selection of the successful bidder can be made principally based on price [as required by federal regulation 2 CFR Part 200.320 (b) (1) (i) (C)].

If sealed bids are used, the following requirements apply:

1.     The ITB will be publicly advertised, and bids shall be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids.

2.     The ITB, which will include any specifications and pertinent attachments, shall define the items or services for the bidder to properly respond [as required by federal regulation 2 CFR Part 200.320 (b) (1) (ii) (B)].

3.     All bids will be publicly opened at the time and place prescribed in the ITB [as required by federal regulation 2 CFR Part 200.320 (b) (1) (ii) (C)].

4.     A firm-fixed-price contract award will be made in writing to the lowest responsive and responsible bidder [as required by federal regulation 2 CFR Part 200.320 (b) (1) (ii) (D)]. Where specified in bidding documents, factors such as discounts, transportation costs, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of.

5.     Any or all bids may be rejected if there is a sound, documented reason [as required by federal regulation 2 CFR Part 200.320 (b) (1) (ii) (E)].

Table 2.4: Formal Method of Procurement – Competitive Negotiation

Procurement by competitive negotiation can be used when competitive sealed bids are   inappropriate, infeasible, or impossible.  This method is used when more than one vendor submits an offer, and a fixed-price or cost-reimbursement-type contract is awarded.  Competitive negotiation may be used when a contract cannot be awarded to a successful bidder based on price alone or when the acquisition of professional services is necessary. The document used to solicit bids is commonly referred to as a request for proposal (RFP).  

When conducting competitive negotiations, School Food Authorities (SFA) must use the following conditions, stipulations, and terms:

A.    Proposals will be solicited from an adequate number of qualified sources to permit reasonable competition.

B.    The RFP will identify all significant evaluation factors, including price or cost when required, and relative importance to the program.  Any response to publicize RFPs shall be honored to the maximum extent practical.

C.     The SFA will provide a mechanism:

1.     For technical evaluation of the proposals received.  Criteria will include price or cost when required, and relative importance to RFP. 

2.     To determine which responsible bidders will be contacted for further written or verbal discussion.

3.     For selection of contract award.

D.    The contract must be awarded to the responsible bidder whose proposal is most advantageous to the school district when price or other factors are considered.

1.     Cost-plus-a-percentage-of-cost method of contracting is prohibited [as prohibited by federal regulation 2 CFR Part 200.324 (c)].

2.     All RFPs received must be documented, and such documentation shall be retained by the SFA with other program records for at least three years after payment has been received for the last reimbursement claim for the school year.

Table 2.5: Formal Method of Procurement – Noncompetitive Negotiation

Noncompetitive Negotiation is procurement through solicitation of a proposal from only one source and can only be used when the procurement is not permissible under small purchase procedures, competitive sealed bids (formal advertising), or competitive negotiation. The decision to use noncompetitive negotiation must be justified in writing and available for audit and review. As with the other methods of procurement, such documentation must be maintained with other program records for seven years after the end of the fiscal year to which they pertain or until the findings of audits are resolved [as required by the State of Oklahoma]. Cost-plus-a-percentage-of-cost method of contracting is also prohibited [per federal regulation 2 CFR Part 200.324 (c)]. Under federal regulation [2 CFR Part 200.320 (c)] the noncompetitive procurement method may only be used if one of the following circumstances applies:

·      The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold [per federal regulation 2 CFR Part 200.320 (c) (1)].

·      The procurement transaction can only be fulfilled by a single source [per federal regulation 2 CFR Part 200.320 (c) (2)].

·      A public emergency exists; the urgency will not permit a delay from providing public notice for notice of competitive solicitation [per federal regulation 2 CFR Part 200.320 (c) (3)].

·      School Food Authority (SFA) requests in writing to use noncompetitive procurement method and receive written approval from the State Agency (OKDHS School Nutrition Programs) [per federal regulation 2 CFR Part 200.320 (c) (4)].

·      After soliciting several sources, competition is determined inadequate [per federal regulation 2 CFR Part 200.320 (c) (4)].

Table 2.6: Required Provisions for Cost Reimbursable contracts

The following provisions are required provisions for the cost reimbursable contracts [as required by federal regulations 7 CFR Part 210.21 (f) (1) and 7 CFR Part 221.16 (e)]:

A.    Allowable costs will be paid from the NSFSA to the contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the SFA.

B.    The contractor must separately identify for each cost submitted for payment to the SFA the amount of that cost that is allowable (can be paid from the NSFSA) and the amount that is unallowable (cannot be paid from the NSFSA); or

C.     The contractor must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification.

D.    The contractor’s determination of its allowable costs must be made in compliance with the applicable Departmental and Program regulations and Office of Management and Budget cost circulars.

E.     The contractor must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the State Agency (OKDHS), the SFA may permit the contractor to report this information on a less frequent basis than monthly, but no less frequently than annually.

F.     The contractor must identify the method by which it will report discounts, rebates, and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and the contractor must maintain documentation of costs and discounts, rebates, and other applicable credits, and must furnish such documentation upon request to the SFA, the State agency (OKDHS), or the Department.

Federal regulations [7 CFR Part 210.21 (f) (2) and 7 CFR Part 220.16 (e) (2)] prohibits expenditures from the NSFSA for any cost resulting from any cost resulting from a cost reimbursable contract that fails to include the above required provisions.

Table 3.1: Limited Circumstances Permitting the Purchase of Nondomestic Foods

The following are the limited circumstances permitting the purchase of nondomestic foods [as permitted by federal regulations 7 CFR Part 210.21 (d) (5) and 7 CFR Part 220.16 (d) (5)]:

·      The product is listed on the Federal Acquisitions Regulations (FAR) non-available articles list and/or is not produced or manufactured in the United States on sufficient and reasonable quantities of a satisfactory quality; or

·      Competitive bids reveal the costs of a domestic product is significantly higher than the non-domestic product.

Table 3.2: Examples of Additional Documentation for the Use of a Limited Circumstance Permitting the Purchase of Nondomestic Foods

·      Pictures of domestic food when not of satisfactory quality.

·      Documentation from the vendor demonstrating limited availability/non-availability of the domestic product.

·      Documentation from the competitive bid process demonstrating the cost of the domestic product has a higher cost than the nondomestic product.

o   Statement from the SFA justifying their determination the cost of the domestic product has a significantly higher cost than the nondomestic food product.

Table 3.3: Nondomestic Food Cost Cap Timetable and Required Cap

School Year

Required Nondomestic Food Cap

School Year 2025 – 2026 (July 1, 2025 – June 30, 2028)

10%

School Year 2028 – 2029 (July 1, 2028 – June 30, 2031)

8%

School Year 2031 – 2032 (July 1, 2031)

5%

Table 4: Summary of Existing Regulatory Requirements for Beverage and Snack Agreements with SFAs Participating in USDA Child Nutrition Programs

·      In some cases, the exclusive contracts do not involve Nonprofit School Food Service Account (NSFSA) funds, in which case there are no federal procurement issues involved.  However, if any nonprogram foods are purchased via the exclusive contract, then all federal procurement requirements must be met. An exclusive contract cannot be used.  The appropriate method of procurement must be used by the SFA. For the small purchase and the formal method, responses must be obtained from an adequate number of qualified sources to ensure at least two responses are received.  This is optional for the micro-purchase method.

·      If nonprogram food products are included in the contract, any rebates, commissions, scholarship fund contributions, or any other payments back to the SFA or SFA-related organizations, must be reimbursed to the nonprofit school food service account on a prorated basis.

·      There is no federal prohibition on multiyear contracts other than for Food Service Management Companies (FSMC) and vended meal contracts (catered meals) up to four years (initial contract with three renewals for both FSMC and vended meal contracts). It is suggested, however, that school procurement officials consider the impact of multiyear contracts, as opposed to one-year contracts, on beverages and snacks. Long-term contracts would appear to be more appropriate for nonperishable products and services such as warehousing and equipment rental; however, as noted above, there is no federal prohibition on these longer-term contracts.

·      Public Law 108-265 requires a SFA participating in the National School Lunch Program (NSLP) to not directly or indirectly restrict the sale or marketing of fluid milk products by the school at any time or any place on the school premises or at any school-sponsored event.  SFAs must ensure that all contracts with outside vendors to furnish food or beverages do not limit the sale of milk on school grounds.  Terms such as Exclusive Pouring Rights are terms used by vendors to limit the sale of milk.

Table 5.1: Required Additional Provisions for Contacts

The following are additional required provisions to be applied to contracts:

·      Contracts more than the small purchase threshold shall contain contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms and provides for such remedial actions as may be appropriate.

·      All contracts more than the small purchase threshold shall contain suitable provisions for termination by the recipient, including how termination shall be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor.

·      Except as otherwise required by statute, an award that requires the contracting (or subcontracting) for construction or facility improvements shall provide for the recipient to follow its own requirements relating to bid guarantees, performance bonds, and payment bonds unless the construction contract or subcontract exceeds $350,000 [as permitted by federal regulation 2 CFR Part 200.326]. For those contracts or subcontracts exceeding $350,000, the Federal awarding agency may accept the bonding policy and requirements of the recipient, provided the Federal awarding agency has decided that the Federal Government's interest is adequately protected.  If such a determination has not been made, the minimum requirements shall be as follows [per federal regulation 7 CFR Part 200.326].

o A bid guarantee from each bidder equivalent to five percent of the bid price. The ``bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.

o A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond’’ is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.

o A payment bond on the part of the contractor for 100 percent of the contract price ``payment bond” is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract.

·      All negotiated contracts (except those for less than the small purchase threshold) awarded by recipients shall include a provision to the effect that the recipient, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions.

·      All contracts, including small purchases, awarded by recipients and their contractors, shall contain the procurement provisions of Appendix II [2 CFR Part 200], as applicable.

Table 5.2: Required Small Purchase Contract Provisions

The following are required contract provisions resulting from the use of the small purchase method of procurement, shall contain as applicable [as required under federal award listed in federal regulation 2 CFR Appendix to Part 200]:

·      Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in federal regulation [41 CFR Part 60-1.3] must include the equal opportunity clause provided under federal regulation [41 CFR 60-1.4(b)], in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations [41 CFR part 60], “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

·      Copeland ``Anti-Kickback'' Act (18 U.S.C. 874 and 40 U.S.C. 276c)--All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland ``Anti-Kickback'' Act (18 U.S.C. 874), as supplemented by Department of Labor regulations [federal regulations 29 CFR part 3 and ``Contractors and Subcontractors on Public Building or Public Work financed in Whole or in Part by Loans or Grants from the United States'']. The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

·      Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)--When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations [federal regulations 29 CFR part 5 and ``Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction''].

·      Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708)--Where applicable, all contracts awarded by recipients in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704. as supplemented by Department of Labor regulations [29 CFR Part 5].  Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 “U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

·      Rights to Inventions Made Under a Contract or Agreement--Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, ``Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,'' and any implementing regulations issued by the awarding agency.

·      Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

·      Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) — Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Table 6.1: Chapter Seven Resources

Prototype Code of Conduct

Prototype Procurement Plan

Chart of Procedures

Vendor Contact Log

Example of a Product Request Sheet

Sample Request for Quotation

Limited Circumstances for Purchasing Nondomestic Foods form

Purchase Document Sheet

Certification Regarding Lobbying

Non-Kickback Affidavit form

Table 6.2: Chapter Seven Online Resources

USDA Guidance “Contracting with Food Service Management Companies (FSMC): Guidance for School Food Authorities:

·       https://www.usda.gov/guidance-documents/child-nutrition/fns/updated-guidance-contracting-food-service-management-companies

Institute of Child Nutrition’s (ICN) “Procurement in the 21^st Century: Resource Manual”:

·       https://www.oregon.gov/ode/students-and-family/childnutrition/Documents/procurement-in-21st-century.pdf

USDA’s Guidance “Procuring Local Foods in Child Nutrition Programs”:

https://www.fns.usda.gov/f2s/procuring-local-foods