Arkansas Department of Education Division of Elementary and Secondary Education Procurement Policy Requirement for Child Nutrition Programs: Written Code of Conduct for Employees Involved in Procurement in Child Nutrition Programs

Memo Information

Memo Number
Memo Date
Memo Type
Child Nutrition
Regulatory Authority
2 CFR 200.318(c)(1); USDA SP 09-2015
Response Required
Superintendents; Principals; General Business Manager

Primary Contact Information

Memo Reference

No references available.

Memo Text



School Food Authority (SFA) operating Child Nutrition Programs are reminded that 2 CFR 200.318(c)(1) requires entities receiving Federal funds to develop and implement a written code of conduct designed to govern the performance of employees engaged in procurement (purchasing).  This written code of conduct must be included in the SFA child nutrition procurement plan and procedures.


This written code of conduct must:

  •  Prohibit employees from soliciting gifts,
  •  Prohibit employees from travel packages and
  •  Prohibit employees from other incentives from prospective contractors.
  •  Prohibits an employee from participating in the selection, award and administration of any contract to which an entity or certain persons connected to them, have financial interest.
  •  Provides for Child Nutrition Program operators to set standards when financial interest is not substantial or the gift is an unsolicited item of nominal value and may be acceptable (for example:  coffee mug or calendar).
  •  Must provide for disciplinary actions to be applied in the event the standards are violated.

State Agency (SA) oversight and monitoring of procurement activities includes a review of the written code of conduct as well as an investigation of reported real or apparent conflicts of interest by employees involved in procurement.    


Guidance should be provided to all SFA employees concerning the acceptance of gratuities, favors, or items of monetary value.  Where there is doubt concerning the appropriateness of accepting gifts, favors, etc. the employee should consider the following questions:

  1.  How would the public perceive this action of receiving the gift, favor, etc.?
  2.  Will acceptance of the gift, favor, etc. possibly influence a future purchasing decision?

SFAs may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value (for example: calendar or coffee cup).  If the SFA does set standards for these situations it must be part of the written code of conduct.


The SFA should require training regarding the “Code of Conduct” for all child nutrition personnel as well as any other district personnel involved in purchasing for the child nutrition program.  Documentation of this training activity will be reviewed as part of the Administrative Review conducted by ADE CNU.


SFAs are reminded of the procurement resources available on the Child Nutrition Unit website.  The link to the procurement resources is:


If there are any questions regarding the code of conduct requirement or other procurement activities please contact the SFAs assigned child nutrition area specialist.


Attachment:  SP 09-2015

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