Subpart DGeneral Administrative Provisions. Procurement standards.
(a) State agencies and sponsors 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 ensure that such materials and services are obtained for the program efficiently and economically and in compliance with applicable laws and executive orders. Sponsors may use their own procedures for procurement with Program funds to the extent that:
(1) Procurements by public sponsors comply with applicable State or local laws and the standards set forth in 7 CFR part 3016; and
(2) Procurements by private nonprofit sponsors comply with standards set forth in 7 CFR part 3019.
(b) The State agency shall make available to sponsors information on 7 CFR part 3016 or 7 CFR part 3019, as applicable.
(c) Sponsors may use their own procurement procedures which reflect applicable State and local laws and regulations, provided that procurements made with Program funds conform with provisions of this section, as well as with procurement requirements which may be established by the State agency, with approval of FNS, to prevent fraud, waste, and Program abuse.
(d) The State agency shall ensure that each sponsor is aware of the following practices specified in 7 CFR part 3016 or 7 CFR part 3019, as applicable, with respect to minority business enterprises:
(1) Including qualified minority business enterprises on solicitation lists,
(2) Soliciting minority business enterprises whenever they are potential sources,
(3) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by minority business enterprises,
(4) Establishing delivery schedules which will assist minority business enterprises to meet deadlines, and
(5) Using the services and assistance of the Small Business Administration, and the Office of Minority Business Enterprise of the Department of Commerce as required.
[71 FR 39518, July 13, 2006]