ESBD_489659_1771003705904_5. Attachment B - Buy American Provision Exception Request Form.pdf
PDF 153 KB Posted
- Attached to
- Fresh Produce for Child Nutrition Program RFP
- Solicitation number
- 2026-1029
- Issued by
- Texas
About this file
This is a Buy American Provision Exception Request Form for the McAllen Independent School District's Fresh Produce for Child Nutrition Program RFP in Texas. The form is designed to accompany supplier quotes submitted on a monthly basis and permits vendors to request exceptions to the Buy American Provision for fresh produce items that do not meet domestic sourcing requirements. Suppliers must document each non-domestic produce item they propose and identify one of three justifications: unavailability of a domestic product in the specified quantity and quality, absence of a domestic alternative or substitute, or significantly higher costs associated with U.S. products compared to non-domestic alternatives.
The Buy American Act, as defined in 7 C.F.R. Part 210.21(d), mandates that participants in the National School Lunch Program and School Breakfast Program utilize federal nonprofit food service funds to purchase domestic commodities or products to the maximum extent practicable. Domestic products are defined as those produced in the U.S. or processed substantially in the U.S. using domestically grown agricultural commodities, with "substantially" defined as over 51 percent of the final processed product consisting of U.S.-grown agricultural commodities. Products from U.S. territories including Guam, American Samoa, the Virgin Islands, Puerto Rico, and the Northern Mariana Islands qualify as domestic under this provision. Completed forms must be submitted via email to emontes@mcallenisd.net and scott.nelson@mcallenisd.net, with the district retaining authority to determine the acceptability of proposed 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 emontes@mcallenisd.net and scott.nelson@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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