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Procurement of Processed End Products (USDA Foods)

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Buy American Provision

All commodities and products must be of domestic origin to the maximum extent practicable, as required by 7CFR Part 210.21 (d). 

"Domestic commodity or product" means an agricultural commodity that is produced in the United States and a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States.   (Substantially means over 51% from American products.  Therefore, over 51% of the final processed product, by weight or volume, must consist of agricultural commodities that were grown domestically.  Thus, for foods that are unprocessed, agricultural commodities must be domestic, and for foods that are processed, they must be processed domestically using domestic agricultural food components that are comprised of over 51% domestically grown items, by weight or volume.)

Limited Exceptions:

Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved upon request.  To be considered for the alternative or exception, the request must be submitted in writing, by the vendor, for prior approval by the district, in advance of delivery.

Exceptions include:

  1. The product is not produced or manufactures in the U.S in sufficient and reasonable available quantities of a satisfactory quality; or

  2. Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

Limited exceptions to the Buy American Provision allow for the purchase of products not meeting the “domestic” standard. Before utilizing an exception, alternatives must be considered:

  1. Are there other domestic sources for this product?
  2. Is there a domestic product that could be easily substituted, if the non-domestic product is less expensive?

  3. Am I soliciting bids for this product at the best time of year? If I contracted earlier or later in the season, would prices and/or availability change?

To be considered for the alternative or exception, the request must be submitted in writing to a designated official, in advance of delivery.  The request must include the:

  1. Alternative substitute (s) that are domestic and meet the required specifications:

             a. Price of the domestic food alternative substitute (s); and

             b. Availability of the domestic alternative substitute (s) in relation to the quantity ordered.

   2. Reason for exception:  limited/lack of availability or price (include price):

            a. Price of the domestic food product; and
            b. Price of the non-domestic product that meets the required specification of the domestic product.