Buy_American_Provision.pdf
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- Attached to
- Serving Counters FY2025 State and local contract opportunity
- Solicitation number
- 008-DW-1225
- Issued by
- Polk County, Florida
About this file
The document is a Buy American Provision form for USDA's National School Lunch and School Breakfast Programs, applicable to School Food Authorities (SFAs). The provision, stemming from the William F. Goodling Child Nutrition Reauthorization Act of 1998, mandates that contractors purchase domestic commodities and food products to the maximum extent practicable, with "domestic" defined as agricultural commodities produced in the United States or food products where over 51 percent of the final processed product consists of domestically grown agricultural commodities.
Contractors must provide written documentation to the SFA for approval before supplying any non-domestic products, including a request for consideration when domestic alternatives are significantly more expensive or when domestic food is not produced or manufactured in sufficient quantities. Products from U.S. territories (Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands) are permitted under this provision. The document requires bidders to certify that all products offered meet the Buy American Provision, emphasizing the preference for domestically sourced and processed food products in school nutrition programs.
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Text version
Buy American Provision
As a participating sponsor in USDA’s National School Lunch and School Breakfast Programs, contractor must adhere to the ‘Buy American’ provision (7 CFR Parts 210.21(d)). Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336) added a provision, Section 12(n) to the NSLA (42 USC 1760(n)), that requires SFA (School Food Authorities) to purchase, to the maximum extent practicable, domestic commodity or product. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the United States and a food product processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were domestically grown. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States.
Before supplying any non-domestic products, successful bidder must provide the following documentation to the SFA for approval:
Written request for consideration on the use of a domestic alternative when competition reveals the cost of domestic is significantly higher than non-domestic food.
Written request for use of non-domestic alternative due to domestic food not being produced or manufactured in sufficient and reasonable quantities.
I certify that all products offered here by my company meet the “Buy American Provision”.
of
Authorized name Company name
Buy American Provision
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