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
This is a Buy American Provision compliance document applicable to the School Board of Polk County, Florida's Commodity Processing Foods solicitation (Bid Number 011-DW-0325). The solicitation seeks vendors to process USDA commodity products into approved end products for delivery to the district's central warehouse located at 965 Highway 60E in Bartow, Florida. Specific products include applesauce cups in cinnamon and banana strawberry varieties, and beef products such as fully cooked meatballs and beef patties, all of which must meet USDA Child Nutrition Program standards. The bid deadline is February 3, 2025, at 3:00 PM (ET), with electronic submissions required through www.myvendorlink.com. The initial contract period is one year, commencing July 1, 2025, with potential extensions for four additional one-year periods. Three vendors have been recommended for award: Tyson Prepared Foods, Inc., JTM Provisions Co., Inc., and Peterson Farms Fresh LLC, with an estimated annual contract value of $1,500,000, though this amount is not guaranteed.
The Buy American Provision requires that all participating vendors in the USDA National School Lunch and School Breakfast Programs purchase domestic commodities and products to the maximum extent practicable, with "domestic" defined as agricultural commodities produced in the United States and food products processed in the United States using substantial agricultural commodities, meaning over 51 percent of the final processed product must consist of domestically grown agricultural commodities. Products from U.S. territories including Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands qualify as domestic. Before supplying non-domestic products, successful bidders must provide written requests to the School Food Authority for approval, either demonstrating that the cost of domestic alternatives is significantly higher or that domestic products are not available in sufficient and reasonable quantities. Vendors must certify that all products offered meet the Buy American Provision requirements and must maintain Commercial General Liability insurance of $1,000,000 per occurrence, comply with E-Verify requirements, provide debarment certifications, and affirm commitment to non-discrimination policies.
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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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