[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: 7CFR235.9]



[Page 275]

 

                          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]