Buy_American_Provision.pdf

PDF 83 KB Posted

Attached to
Commodity Processing Foods
Solicitation number
011-DW-0325
Issued by
Polk County, Florida

About this file

The Buy American Provision document is associated with USDA's National School Lunch and School Breakfast Programs, specifically addressing procurement requirements for School Food Authorities (SFAs). The provision mandates that contractors prioritize domestic agricultural commodities and food products, defining "domestic" as products produced or processed in the United States, with at least 51% of the final processed product consisting of domestically grown agricultural commodities.

The document outlines specific requirements for using non-domestic products, requiring successful bidders to submit written requests for approval when domestic alternatives are significantly more expensive or unavailable in sufficient quantities. Products from U.S. territories like Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are permitted under this provision. The document includes a certification section where vendors must affirm that their offered products comply with the Buy American Provision, which is part of the broader procurement process for the Polk County School District's commodity processing foods contract in Florida.

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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”.

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Authorized name Company name

Buy American Provision

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