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OGC-00-65 1 (2000-09-18)

handle is hein.gao/gaobabmds0001 and id is 1 raw text is: 



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United States General Accounting Office                       Office of the General Counsel
Washington, DC 20548

          B-286231



          September 18, 2000

          The Honorable Richard G. Lugar
          Chairman
          The Honorable Tom Harkin
          Ranking Minority Member
          Committee on Agriculture, Nutrition, and Forestry
          United States Senate

          The Honorable William F. Go o dling
          Chairman
          The Honorable William Clay
          Ranking Minority Member
          Committee on Education and the Workforce
          House of Representatives

          Subject: Department of Agriculture, Food and Nutrition Service: Special
                  Supplemental Nutrition Pro gram for Wo men, Infants and Children (WIC):
                  Requirements for and Evaluation of WIC Program Bid Solicitations for
                  Infant Formula Rebate Contracts

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Agriculture, Food and Nutrition
          Service (FNS), entitled Special Supplemental Nutrition Program for Women, Infants
          and Children (WIC): Requirements for and Evaluation of WIC Program Bid
          Solicitations for Infant Formula Rebate Contracts (RIN: 0584-AB52). We received
          the rule on September 1, 2000. It was published in the Federal Register as an interim
          rule on August 23, 2000.

          The interim rule strengthens and simplifies current bidding requirements for using a
          single-supplier competitive system to provide a rebate for infant formulas. The rule
          also requires Women, Infant and Children (WIC) state agencies to award infant
          formula rebate contracts based on the lowest net price, allowing the highest rebate
          as a basis of award only when the weighted average retail prices of the different
          brands of infant formula vary by 5 percent or less.

          Enclosed is our assessment of the FNS' compliance with the procedural steps
          required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.
          Our review indicates that the FNS complied with the applicable requirements.


GAO/OGC-00-65

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