[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR215.14a]

[Page 82]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 215_SPECIAL MILK PROGRAM FOR CHILDREN--Table of Contents
 
Sec.  215.14a  Procurement standards.

    (a) Requirements. State agencies and School Food Authorities shall 
comply with the requirements of this part and 7 CFR part 3015, 7 CFR 
part 3016 and 7 CFR part 3019, as applicable, 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 this 
part and 7 CFR part 3015, 7 CFR part 3016 and 7 CFR part 3019, as 
applicable, 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. State agencies, school food authorities 
or child care institutions may use their own procedures for procurement 
with Program funds to the extent that:
    (1) Procurements by public school food authorities/child care 
institutions comply with applicable State or local laws and the 
standards set forth in this part and in 7 CFR part 3016 and 7 CFR part 
3019, as applicable; and
    (2) Procurements by nonprofit private school food authorities/child 
care institutions comply with standards set forth in 7 CFR part 3019.

(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. 27, 48 FR 19355, Apr. 29, 1983, as amended at 71 FR 39516, July 
13, 2006]