Attachment_C_-_Buy_American_CA_Food_Ag_Code_Certification.pdf

ATTACHMENT #C

BUY AMERICAN PROVISION AND CALIFORNIA FOOD & AGRICULTURE CODE

CERTIFICATIONS

As required by the Buy American Provision, school food authorities are required, to the maximum extent practicable, to purchase domestic commodities or products as specified by Code of Federal Regulations: 7 CFR Part 210.21 (d) AND California Department of Education Senate Bill 490 and Assembly Bill 778.

Modesto City Schools participates in the National School Lunch Program, School Breakfast Program, and After School Snack Program and is required to use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products for Program meals. For foods that are unprocessed, the agricultural commodities must be domestic, and for foods that are processed, they must be processed domestically using domestic agricultural food components that are comprised of over 51% domestically grown items, by weight or volume. A domestic creditable food component is the portion that counts toward a reimbursable school meal (meats/meat alternates, grains, vegetables, fruits, and fluid milk).

Modesto City Schools reserves the right to cancel or change an order that contains product not of domestic origin or does not meet the Buy American Provision and/or California Department of Education Senate Bill 490 and Assembly Bill 778.

California law reinforces the Buy American provision by requiring a preference for California-grown agricultural products when quality and price are comparable to out-of-state products. The California Department of Education (CDE) monitors compliance by ensuring the District include Buy American language in procurement and reviewing product compliance during audits. Proposers must provide the country of origin on invoices to help the District document and track non-compliant purchases.

Proposers certify that they understand and agree with the following policies:

• Proposers will provide a Buy American Statement for all products indicating compliance with the

Buy American Provision AND California Department of Education Senate Bill 490 and Assembly Bill 778.

• Proposers will give sufficient notice to Modesto City Schools to cancel or modify any order that contains product not of domestic origin.

• Proposers will accept responsibility for any costs incurred for product returned by Modesto City Schools when insufficient notice of non-domestic product is delivered.

• Proposers will accept responsibility for any costs incurred when product does not meet the Buy American Provision and/or California Department of Education Senate Bill 490 and Assembly Bill 778.

• Proposers are required to provide spec sheets for items awarded on the proposal that are no older than two (2) years old. If spec sheet is older than two (2) years, a written statement from the manufacturer must be provided that the spec sheets are the same.

• Proposers are required to sign the Buy American and California Food & Agriculture Code Certifications (Attachment #C) and submit it with their Proposal package.

Proposer Company Name Date

Representative’s Name Representative’s Title

Representative's Signature

THIS FORM MUST BE SUBMITTED WITH BID/PROPOSAL

https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210/subpart-E/section-210.21#p-210.21(d) https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210/subpart-E/section-210.21#p-210.21(d) https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state https://www.cde.ca.gov/ls/nu/chngsbuyamericanfoodact.asp#:%7E:text=This%20new%20law%20amends%20California,produced%20outside%20of%20the%20state