[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: 7CFR235.9]

[Page 273]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 235--STATE ADMINISTRATIVE EXPENSE FUNDS--Table of Contents
 
Sec. 235.9  Procurement and property management standards.

    (a) Requirements. State agencies 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, 
equipment and other services with State Administrative Expense 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 part 3015 do not relieve the State agency of 
any contractual responsibilities under its contract. The State agency 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 may use its 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) Property acquired with State administrative expense funds. State 
Agencies shall comply with the requirements of OMB Circular A-102 and 7 
CFR part 3015, subpart R (46 FR 55654) in their utilization and 
disposition of property acquired in whole or in part with State 
Administrative Expense Funds.

(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. 9, 48 FR 19355, Apr. 29, 1983]