Buy_American_Provision.pdf

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Attached to
School Nutrition Consumable Supplies - Stock
Solicitation number
002-RW-0727
Issued by
Polk County, Florida

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Buy American Provision Summary

This is a Buy American Provision document applicable to the School Nutrition Consumable Supplies - Stock contract opportunity in Florida. The provision establishes requirements for domestic sourcing and product compliance in accordance with federal Buy American regulations. The document outlines the mandatory use of domestically produced materials and products for the school nutrition supplies procurement, with specific guidelines for what qualifies as American-made goods and acceptable exemptions to the requirement.

The Buy American Provision specifies that all consumable supplies provided under this contract must meet domestic content requirements unless a waiver or exemption applies. The provision details the certification processes bidders must follow to demonstrate compliance with Buy American standards, including documentation of product origin and manufacturing location. Contractors are required to guarantee that materials and finished goods supplied meet the threshold percentages for domestic content as defined by federal regulations, with consequences for non-compliance including contract termination and potential debarment from future procurement opportunities.

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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”.

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Authorized name Company name

Buy American Provision

File details come from the government source that posted it. Updated .