ESBD_395823_1739391738667_7 2025-1034 ATTACHMENT B Buy American Provision Exception Request Form FILLABLE.pdf

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Attached to
Request for Proposal No. 2025-1034 Fresh Produce for Child Nutrition Program
Solicitation number
2025-1034
Issued by
Hidalgo County, Texas

About this file

This is a Buy American Provision Exception Request Form for McAllen ISD's National School Lunch Program and School Breakfast Program. The form must be submitted monthly along with quotes from suppliers who are requesting exceptions to the Buy American Provision for fresh produce items. Suppliers must list each produce item that doesn't meet the Buy American requirements and provide justification based on three criteria: domestic product unavailability, no domestic alternative, or significantly higher costs of U.S. products compared to non-domestic options.

The form implements requirements under 7 C.F.R. Part 210.21(d), which mandates that federal nonprofit food service funds be used to purchase domestic commodities or products where practical, defined as items either produced in the U.S. or processed in the U.S. using at least 51% domestically grown agricultural commodities. Products from U.S. territories including Guam, American Samoa, Virgin Islands, Puerto Rico, and Northern Mariana Islands are considered domestic. Completed forms must be submitted via email to celina.mendiola@mcallenisd.net for district approval of any non-domestic food products.

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Buy American Provision Exception Request Form

Quotes will be solicited on a MONTHLY basis. This form should accompany your quote if requesting an exception to the Buy American Provision. Suppliers are required to list each fresh produce item they are proposing that does not meet the Buy American Provision and note one of the following justifications, as applicable:

1. A domestic food product is not available in the specified quantity and quality; or

2. There is no domestic alternative source or substitute food product; or

3. The costs of a U.S. product are significantly higher than the non-domestic product.

The Buy American Act, set forth in 7 C.F.R. Part 210.21(d), requires that participants in the National School Lunch Program and School Breakfast Program use the federal nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products. 7 CFR Part 210.21(d) defines a “domestic commodity or product” as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. “Substantially” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. 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.

Item # Description Country of Origin

Indicate 1,2,3 Justification

I, the undersigned authorized agent for the supplier named below, certify information furnished above is true to the best of my knowledge.

SUPPLIER’S NAME:

AUTHORIZED AGENT’S NAME (PRINTED):

SIGNATURE OF COMPANY OFFICIAL:

Completed form must be submitted via email to celina.mendiola@mcallenisd.net. The District must determine that the use of a non-United States (US) or non-domestic food product listed above is acceptable.

ATTACHMENT B

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