ATTENTION: CO-OP DIRECTORS; SUPERINTENDENTS; CHILD NUTRITION DIRECTORS; BUSINESS MANAGERS
The purpose of this memo is to provide guidance on the waiver
to allow fiscal action flexibility for meal pattern violations related to
COVID-19 supply chain disruptions impacting school meals in school year
on exceptional circumstances of this public health emergency and current
national supply chain constraints, the Food and Nutrition Service (FNS) is
granting a waiver of certain fiscal action requirements in the National School
Lunch Program (NSLP), School Breakfast Program, and by extension the NSLP
Seamless Summer Option (SSO). This waiver is available to School Food
Authorities (SFA) when there is a supply chain disruption due to COVID-19.
Child Nutrition Unit has opted into CN Response #100 waiving the following
- The requirement to apply fiscal action for missing food components or missing production records as detailed in 7 CFR 210.18(1)(2)(i); and
- The requirement to apply fiscal action for repeated violations involving milk type and vegetable subgroups as detailed in 7 CFR 210.18(1)(2)(ii)
of Waiver #100
This flexibility is designed to be
implemented on an as needed basis when all other alternatives have been
exhausted. SFAs are
expected to maintain and meet the nutrition standards for all meal programs to
the greatest extent possible. Providing
highly nutritional meals to students that meet the meal pattern must continue
to be the priority of Arkansas Child Nutrition programs.
SFAs are encouraged to substitute
like items and/or modify the menu to serve all required components before
utilizing this flexibility.
SFAs may also conduct noncompetitive
procurement as detailed in 2 CFR 200.320(c) to make purchases under emergency
conditions. If an awarded vendor is
unable to provide food or supplies needed to administer the program, this may
constitute an emergency and allow the SFA to utilize noncompetitive procurement. Emergency noncompetitive procurement methods
are allowed and do not require a waiver. Documentation of purchases made
through noncompetitive procurement should be retained at the SFA and available
upon review if requested.
If an SFA experiences a disruption
receiving required meal pattern components and implementation of waiver #100 is
needed, the district must maintain documentation specifying the disruption.
- Record of the disruption. Examples: Vendor email correspondence, written documentation of a phone conversation with vendor, vendor outage report.
- Record of item substituted. This may be indicated on the production record.
must be maintained for every occurrence the waiver is implemented.
CNU will begin monitoring the implementation of waiver #100 on a monthly basis.
SFAs will report supply chain disruptions throughout the
school year. The CNU will conduct documentation reviews for districts that frequently require the use of the waiver. Districts that do not maintain sufficient documentation will be subject to corrective action.
SFAs may begin using this flexibility
If you have any questions related to
this waiver or need additional information related to noncompetitive
procurement options, please contact your Area Specialist at 501-324-9502.