Procurement Review Information (click here for schedule and resources)
- Procurement Flowchart
- Cross Reference MSBA Policies
- Quick Reference for Audits
- Informal/Small Purchase Log
- Buy American Provision Product Exception Worksheet
- Appendix II to Part 200 - Contract Provisions
- Procurement Geographic Preference O&As - Part II SP-03-2013
- Procurement Geographic Preference Q&As SP-18-2011
- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
- DESE Fiscal Guidance for Federal Grant Programs
- Procurement in the 21st Century Resource Manual
- Procurement Standards Presentation (USDA presentation)
- Procuring Local Foods for Child Nutrition Programs
- School Nutrition Program (SNP) Pre-Approved Equipment List
- SP-32-2019 Buy American and the Agriculture Improvement Act of 2018
- SP-04-2018 Market Basket Analysis when Procuring Program Goods and Modifying Contracted-For Product Lists
- SP-38-2017 Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program
- SP-39-2016 State Agency Prior Approval Process for School Food Authority (SFA) Equipment Purchases
- SP-05-2017 Q&A: Purchasing Goods and Services Using Cooperative Agreements, Agents, and Third-Party Services
- SP-03-2017 Draft Tool for Local Agency Procurement Reviews for School Food Authorities in SY 2016-2017 - Revised
- Local Agency Procurement Review Tool
- SP-12-2016 Guidance on Competitive Procurement Standards for Program Operators
- SP-04-2016 Local Agency Procurement Reviews: School Year 2015-2016
- SP-03-2016 Procurement Standards and Resource Management Requirements Related to Franchise Agreements
- SP-02-2016 Questions and Answers on the Transition to and Implementation of 2 CFR Part 200
- SP-30-2015 Office of Management and Budget Super-Circular - 2 CFR Part 200
- SP-07-2015 Assessing Proposed Nutrition Education Costs in the National School Lunch Program and School Breakfast Program
- FM-03-2018 Changes to the Micro-Purchase and Simplified Acquisitions Threshold
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.)
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.
- The product is not produced or manufactures in the U.S in sufficient and reasonable available quantities of a satisfactory quality; or
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:
- Are there other domestic sources for this product?
- Is there a domestic product that could be easily substituted, if the non-domestic product is less expensive?
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:
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.