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Buy American Provision


As a sponsor of the National School Lunch and School Breakfast Programs, the District will consider only applicable products which comply with the requirements of the “Buy American” Act. Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 requires schools and institutions participating in the NSLP and SBP in the contiguous United States to purchase, to the maximum extent practicable. Domestic commodities or products for use in meals served under the programs. The legislation defines “domestic commodity or product” as one that is produced in the United States and is processed in the United States, substantially using agricultural commodities that are produced in the United States. The report accompanying the legislation stipulated that “substantially” means over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Exceptions to the Buy American provision should be used as a last resort if competition reveals the cost of domestic products are significantly higher than non-domestic foods. An alternative or exception may be approved upon request. Alternative substitute(s) must be documented. Documentation must include 1) price of the domestic food alternative substitute(s); 2) Availability of the domestic alternative substitute(s) in relation to the quantity ordered; 3) Reason for exception: limited/lack of availability or price (include price); Price of the domestic food product; and Price of the non-domestic product that meets the required specification of the domestic product.