ESBD_399645_1740777361965_Buy_American_Deviations 4.2.24.xlsx
XLSX spreadsheet 20 KB Posted
- Attached to
- FANS Full Line Grocery
- Solicitation number
- 2025-05-27-009
- Issued by
- Texas
About this file
This document is a Buy American Provision Deviations attachment (Attachment F) related to the National School Lunch Program (NSLA) and school food authorities (SFAs). The document outlines requirements for vendors to identify and justify any non-domestic food and beverage items they propose to supply, particularly for fresh produce and raw meats. It references Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 and Section 12(n) of the NSLA, which mandate that SFAs must purchase domestic commodities or products to the maximum extent practicable.
The document includes a spreadsheet template where vendors must list any non-domestic products, providing detailed information including vendor product code, product description, country of origin, percentage of US-grown content, percentage processed in the US, and justification for non-domestic sourcing. Vendors must choose from three possible justifications: no domestic alternative source exists, domestic product is unavailable in specified quantity/quality, or the cost difference between domestic and non-domestic options is unreasonable. If a domestic option exists, vendors must provide the current domestic cost per case for comparison.
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Buy American Deviations
ATTACHMENT F - BUY AMERICAN PROVISION DEVIATIONS FOR FOOD AND BEVERAGE ITEMS
| Fresh Produce & Raw Meats |
| Vendors are required to list each food and/or beverage item they are proposing that does not meet the Buy American Provision and note the justification, as applicable. Vendor may add additional rows as needed. Buy American Provision Requirements: 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)), requiring school food authorities (SFAs) 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 that is 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 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. The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs. See USDA-FNS memo SP-24-2016 Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program. |
| All products offered in this bid response are domestic, containing 51% or greater of U.S. grown agricultural products, and meet the Buy American Provision. | ||||||
| Initials | ||||||
| The products listed below have been offered in this bid response, are non-domestic, and do not meet the Buy American Provision. Please add rows to the spreadsheet if needed. Please select the appropriate Justification from the drop down list. Vendor must provide all information in each column. | ||||||
| Vendor Product Code # | Product Name/Description: | Country of Origin: | % content US grown: | % processed in the US: | Justification | If Product Is Available as a Domestic Option, bidder must provide the current "domestic" cost per case: |
Printed Name of Authorized Representative Date Completed
Company Name
Buy American Deviations list
| 1. There is no domestic alternative source or substitute food product. |
| 2. Domestic product is not available in the specified quantity or quality. |
| 3. The cost difference of domestic product vs non-domestic is unreasonable. |
File details come from the government source that posted it. Updated .