[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR210.21]



[Page 57]

 

                          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 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.

    (e) Restrictions on the sale of milk. A school food authority 

participating in the Program, or a person approved by a school 

participating in the Program, must not directly or indirectly restrict 

the sale or marketing of fluid milk (as described in paragraph(m)(1)(ii) 

of this section) at any time or in any place on school premises or at 

any school-sponsored event.



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

70 FR 70033, Nov. 21, 2005]