[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR220.16]

[Page 108-109]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 220--SCHOOL BREAKFAST PROGRAM--Table of Contents
 
Sec. 220.16  Procurement standards.

    (a) Requirements. State agencies and School Food Authorities shall 
comply with the requirements of the Office of Management and Budget 
(OMB) Circular A-102 and the Department's Uniform Federal Assistance 
Regulations, 7 CFR part 3015, subpart S (46 FR 55658) concerning the 
procurement of supplies, food, equipment and other services with Program 
funds. These requirements are adopted by FNS to ensure that such 
materials and services are obtained for the Program efficiently and 
economically and in compliance with applicable laws and executive 
orders.
    (b) Contractual responsibilities. The standards contained in OMB 
Circular A-102 and 7 CFR 3015, do not relieve the State agency or School 
Food Authority of any contractual responsibilities under its contract. 
The State agency or School Food Authority is the responsible authority, 
without recourse to FNS, regarding the settlement and satisfaction of 
all contractual and administrative issues arising out of procurements 
entered into in connection with the Program. This includes but is not 
limited to: source evaluation, protests, disputes, claims, or other 
matters of a contractual nature. Matters concerning violation of law are 
to be referred to the local, State or Federal authority that has proper 
jurisdiction.
    (c) Procurement procedure. The State agency or School Food Authority 
may use their own procurement procedures which reflect applicable State 
and local laws and regulations, provided that procurements made with 
Program funds adhere to the standards set forth in OMB Circular A-102 
and 7 CFR part 3015.
    (d) Buy American.--(1) Definition of domestic commodity or product. 
In this paragraph (d), the term ``domestic commodity or product'' means-
-
    (i) An agricultural commodity that is produced in the United States; 
and
    (ii) A food product that is processed in the United States 
substantially using agricultural commodities that are produced in the 
United States.
    (2) Requirement.--(i) In general. Subject to paragraph (d)(2)(ii) of 
this section, the Department shall require that a school food authority 
purchase, to the maximum extent practicable, domestic commodities or 
products.
    (ii) Limitations. Paragraph (d)(2)(i) of this section shall apply 
only to--
    (A) A school food authority located in the contiguous United States; 
and
    (B) A purchase of domestic commodity or product for the school 
breakfast program under this part.
    (3) Applicability to Hawaii. Paragraph (d)(2)(i) of this section 
shall apply to a school food authority in Hawaii with respect to 
domestic commodities or products that are produced in Hawaii in 
sufficient quantities to meet the needs of meals provided under the

[[Page 109]]

school breakfast program under this part.

(Pub. L. 79-396, 60 Stat. 231 (42 U.S.C. 1751); Pub. L. 89-642, 80 Stat. 
885-890 (42 U.S.C. 1773); Pub. L. 91-248, 84 Stat. 207 (42 U.S.C. 1759))

[Amdt. 45, 48 FR 19355, Apr. 29, 1983, as amended at 64 FR 50743, Sept. 
20, 1999]