Att M_Buy American.pdf

ATTACHMENT M

BUY AMERICAN

Contractor shall comply with the Buy American Act.

The State of Oregon and its RAs participate in the National School Lunch Program and School Breakfast Program and are required to use the nonprofit food services funds, to the maximum extent practicable, to buy domestic commodities or products for program meals. A domestic commodity or product is defined as one that is either produced in the U.S. or is processed int the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR 201.21(d).

Exceptions to the Buy American provisions are very limited; however, an alternative or exception may be approved upon request. To be considered for an alternative or exception, Contractor’s request must be submitted in writing to the RA, a minimum of 14 calendar days in advance of delivery. The request must include the following elements:

(1) Alternative substitute(s) that are domestic and meet the required specifications:

• Price of the domestic food alternative substitute(s); and

• Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

(2) Reason for exception (e.g. limited/lack of availability or price (include price)):

• Price of the domestic food product; and

• Price of the non-domestic product that meets the required specification of the domestic product.