[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: 7CFR220.16]



[Page 108]

 

                          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 

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]