Report 2016-139 Recommendation 5 Responses

Report 2016-139: California Department of Education: It Has Not Ensured That School Food Authorities Comply With the Federal Buy American Requirement (Release Date: July 2017)

Recommendation #5 To: Education, Department of

To ensure that school food authorities comply with the Buy American requirement, Education should use procurement reviews or its administrative reviews to verify that school food authorities have policies and procedures that address the Buy American requirement. Further, Education should verify that these policies and procedures align with the USDA's guidance for including Buy American-related language in bid solicitations and contract documents and for maintaining exception documentation for foreign-sourced food purchases.

1-Year Agency Response

Due to the CSA's system constraints limiting the size of the explanation field, Education submitted the 1-year update for this recommendation (as well as for all of the other recommendations, which were not restricted due to size) via e-mail. Education's response demonstrates corrective actions taken towards fully implementing the recommendation.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

Education provided evidence to demonstrate that it has updated its procurement review tool to verify that school food authorities have policies and procedures that address the Buy American requirement. Further, Education also demonstrated that its procurement procedures outline steps for its reviewers to verify that school food authorities' policies and procedures align with the USDA's guidance for including Buy American-related language in bid solicitations and contract documents and for maintaining exception documentation for foreign-sourced food purchases.

6-Month Agency Response

Due to the CSA's system constraints limiting the size of the explanation field, Education submitted the 60-day update for this recommendation (as well as for all of the other recommendations, which were not restricted due to size) via e-mail. Education's response demonstrates corrective actions taken towards fully implementing the recommendation.

California State Auditor's Assessment of 6-Month Status: Pending

Education provided evidence that it has notified nutrition program operators about the need to include Buy American-related documentation in the documents they provide to Education during its procurement reviews. However, it is not clear from the response Education provided whether it will use its procurement or administrative reviews specifically to verify that school food authorities have policies and procedures that align with the Buy American requirement. To demonstrate full implementation, Education should provide the procedures and guidance it has provided to its staff about how to review policies and procedures during both its procurement and administrative reviews.

60-Day Agency Response

Due to the CSA's system constraints limiting the size of the explanation field, Education submitted the 60-day update for this recommendation (as well as for all of the other recommendations, which were not restricted due to size) via e-mail. Education's response demonstrates corrective actions taken towards fully implementing the recommendation.

California State Auditor's Assessment of 60-Day Status: Pending

Education has provided detail regarding its plans to conduct procurement and administrative reviews in accordance with the applicable USDA guidance. It has provided school food authorities with guidance related to its procurement reviews that indicates that authorities should consider addressing the Buy American requirement in their policies or procedures. It is not clear from the response Education provided whether it will use its procurement or administrative reviews specifically to verify that school food authorities have policies and procedures related to the Buy American requirement.

All Recommendations in 2016-139

Agency responses received are posted verbatim.