[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR210.21]

[Page 57-58]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 210_NATIONAL SCHOOL LUNCH PROGRAM--Table of Contents
 
    Subpart E_State Agency and School Food Authority Responsibilities
 
Sec.  210.21  Procurement.


    (a) General. State agencies and school food authorities shall comply 
with the requirements of 7 CFR part 3015 concerning the procurement of 
supplies, food, equipment and other services with Program funds. These 
requirements 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 7 CFR 
part 3015 do not relieve the State agency or

[[Page 58]]

school food authority of any contractual responsibilities under its 
contracts. 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 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 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 lunch 
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 
school lunch program under this part.

[53 FR 29147, Aug. 2, 1988, as amended at 64 FR 50741, Sept. 20, 1999]