TITLE 7 - AGRICULTURE

SUBTITLE B - REGULATIONS OF THE DEPARTMENT OF AGRICULTURE

CHAPTER II - FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

SUBCHAPTER A - CHILD NUTRITION PROGRAMS

PART 220 - SCHOOL BREAKFAST PROGRAM

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 A102 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 A102 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 A102 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. 79396, 60 Stat. 231 (42 U.S.C. 1751); Pub. L. 89642, 80 Stat.

885890 (42 U.S.C. 1773); Pub. L. 91248, 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]