FRESNO UNIFIED SCHOOL DISTRICT
BUY AMERICAN PROCEDURE
The Food Services Department is responsible for the procurement of goods and services including food products to provide healthy and nutritious meals to over 75,000 students.
Food Services Staff including the Food Services Director, Nutritionist, and Buyer are required to adhere to The Buy American Provision: Section 1.04(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998.
Each formal and informal solicitation for food products are required to include the following Buy American Provision language. In addition, Food Service staff will adhere to the guidelines listed below during the duration of the established vendor contract.
THE BUY AMERICAN PROVISION (Required in all formal and informal solicitations)
As a sponsor of the School Nutrition Programs, the District will consider only applicable products which comply with the requirements of the “Buy American” Act.
The Buy American Provision: Section 1.04(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 requires that schools and institutions participating in the School Nutrition Programs in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products for the use in meals served under the programs.
Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336) added a provision, Section 12(n) to the NSLA (42 USC 1760(n)), requires school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodity or product. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States as provided in 7 CFR Part 210.21(d).
“Substantial” 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 State
It is the District’s intent to strictly adhere to this policy.
Any Bidder intending to provide products produced or grown in a foreign country must include such information on their bid submission. Failure to include such information the bid submission may result in product rejection at the vendor’s expense.
Fresno Unified School District encourages products specification submitted for bid to be only 100% domestically grown and processed products.
Fresno Unified School District will monitor contractor performance as required in 2 CFR Part 200.318(b), formerly in 7 CFR Part 3016.36(b)(2), to ensure that contractor(s) perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. This will be accomplished by ensuring the product label designates the United States, or its territories, as the country of origin.
The District requires contractor(s) to provide country of origin on all products and invoices submitted for payment.
Contractor(s) are required to list the country of origin for products in all bid documentation submitted along with receipts and invoices.
The District may impose penalties, including contract termination, if contractor(s)
Are not able to comply with the Buy American provision.
Exceptions to the Buy American Provision should be used as a last resort; 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 to the Food Service Director a minimum of 10 days in advance of delivery.
The request must include the:
- Alternative substitute (s) that are domestic and meet the required specifications:
- Price of the domestic food alternative substitute; and
- Availability of the domestic alternative substitute in relation to the quantity ordered.
- 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.
The contractor(s) are required to examine product packaging as the Nutrition Labeling and Education Act of 1990 mandates that the country of origin for both domestic and imported food products be identified on the product labels to ensure compliance with the Buy American Provision.
The District requires that suppliers certify the percentage of U.S. content in products supplied to us on the Bid Pricing Sheet.
If you are unable or unwilling to make such certification, we will not purchase from you.
(FUSD May 9, 2017)