9-Buy American Provision Justification Form.pdf

BUY AMERICAN JUSTIFICATION FORM

The Buy American Justification Form assists School Food Authorities (SFAs) with validation documentation to purchase non-domestic food products with nonprofit school food service account funds, in accordance with 7 CFR 210.21(d), Memo SP 23-2024, and Memo SP 38-2017. Compliance with the Buy American Provision is included in each SFAs Administrative Review and Procurement Review, and SFAs may use this to demonstrate justification for using non-domestic products when appropriate.

The Federal Acquisition Regulations (FAR) contains a Non-Available Articles list found in 48 CFR 25.104 that can be used for identifying domestic exceptions within the School Nutrition Program’s (SNP) procurement processes. Each SFA should determine on an individual basis whether domestic alternatives exist first, and if not, whether an exception is warranted. Exceptions are warranted only when (1) The product is listed on the Federal Acquisitions Regulations Non-available articles list and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality; or (2) competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product. There is not a specific amount or percentage that is considered “significantly higher”, and it is the SFA’s responsibility to determine the threshold. Records and documentation must be retained justifying any exception as outlined above. SFAs can maintain documentation of exceptions for domestic foods that are prohibitively costly or not available in sufficient quantities and present this during reviews by the State Agency. SFAs must also ensure that the annual cost of non-domestic food purchases acquired with School Nutrition Program funds does not exceed the caps established in 7 CFR 210.21(d)(5).

SNP School or District documenting justification:

Date: Name of individual completing form:

Non-Domestic Agricultural Product:

Please enter answers in column below:

Product Name:

Purchase Unit:

Storage Area:

(Ex: cooler, freezer, dry storage, etc.)

Country of Origin of Non-Domestic Product:

(Ex: processed in China, grown in Mexico, packed in Brazil, etc.)

Alternative Considerations in Using Non-Domestic Products

1. Cost analysis:

(Domestic cost is significantly higher than non-domestic) ☐ YES ☐ NO

a. Bid Cost per Unit of Domestic Product: $

b. Bid Cost per Unit of Non-Domestic Product: $

Additional explanation for decision:

2. Availability or Seasonality:

(Product not currently grown domestically)

a. Documentation demonstrating current unavailability on file: (Ex: Copy of Weekly Marketing Report or National Processing Report from Agricultural Marketing Service:

USDA Market News | Agricultural Marketing Service) Note: Letter from vendor is insufficient by itself.

☐ YES ☐ NO

3. Are other domestic sources available?

(Ex: Bid-awarded domestic juice unavailable from vendor’s listed manufacturer but can be ordered through a different manufacturer with an insignificant cost increase.)

☐ YES ☐ NO

a. If yes, explain how you used other domestic sources:

4. Is there a comparable substitute?

(Ex: serving domestic edamame instead of non-domestic garbanzo beans during seasons of low availability)

☐ YES ☐ NO

a. If yes, what other alternatives to using non-domestic foods were considered?

Resulting Decision for Domestic vs. Non-Domestic

After considering alternatives to non-domestic products, were non-domestic products still used? ☐ YES ☐ NO

a. If yes, explain why non-domestic products were used instead of an alternate domestic product:

Note: School should retain and make notes of communications regarding the reasons for the exception to the Buy American provision.

This includes but is not limited to email or procurement notes of discussion regarding alternatives to non-domestic products purchased by the school.

Signature of Food Service Director Date https://www.ams.usda.gov/market-news