[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: 7CFR220.16]

[Page 109]
 
                          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 7 CFR part 3016 or 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 7 CFR 
part 3016 or 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 or school food authorities 
may use their own procedures for procurement with program funds to the 
extent that:
    (1) Procurements by public school food authorities comply with 
applicable State or local laws and standards set forth in 7 CFR part 
3016; and
    (2) Procurements by nonprofit private school food authorities comply 
with standards set forth in 7 CFR part 3019.
    (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; 71 FR 39517, July 13, 2006]