ESBD_File_353164_7 2024-1037 ATTACHMENT B Buy American Provision Exception Request Form FILLABLE.pdf
PDF 125 KB Posted
- Attached to
- Fresh Produce for Child Nutrition Program
- Solicitation number
- 2024-1037
- Issued by
- Hidalgo County, Mcallen City, Texas
About this file
This document is a Buy American Provision Exception Request Form related to a contract opportunity for Fresh Produce for a Child Nutrition Program issued by the McAllen Independent School District in Texas. The form allows suppliers to request an exception to the Buy American Provision, which requires that participants in the National School Lunch Program and School Breakfast Program use federal nonprofit food service funds to purchase domestic commodities or products to the maximum extent practical. Suppliers must list each fresh produce item they are proposing that does not meet the Buy American Provision and provide one of three justifications: 1) a domestic food product is not available in the specified quantity and quality, 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 district must determine that the use of a non-U.S. or non-domestic food product is acceptable.
The contract opportunity covers the provision of fresh produce for the Child Nutrition Program in Hidalgo County and the City of McAllen, Texas. Quotes will be solicited on a monthly basis, and interested respondents may obtain details through the IonWave platform. The district prefers and encourages respondents to submit their proposals electronically through IonWave.
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Text version
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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