The Buy American Provision in Child Nutrition Programs
Applies to:
National School Lunch
School Breakfast
USDA Foods
B
u
y
A
m
e
r
i
c
a
n
Added to the National School Lunch Act by
Section 104(d) of the William F. Goodling Child
Nutrition Reauthorization Act of 1998 (Public Law
105-786).
Domestic commodity or product:
Agricultural commodity produced in US
Food product processed in US using
commodities substantially produced in US
S
u
b
s
t
a
n
t
i
a
l
Over 51 % grown
domestically
A
p
p
l
i
e
s
t
o
S
F
A
s
Purchasing
commercial products
May 24, 2016 ODE CNP Memo; SP-24-2016; Sample Buy American
Provision Language; USDA Letter to Industry
F
u
n
d
s
i
n
f
o
o
d
s
e
r
v
i
c
e
a
c
c
o
u
n
t
i
n
c
l
u
d
e
Federal Funds
Payment for meals
Sales of competitive foods
Other
May 24, 2016 ODE CNP Memo; SP-24-2016; Sample Buy American
Provision Language; USDA Letter to Industry
D
e
t
e
r
m
i
n
i
n
g
i
f
D
o
m
e
s
t
i
c
C
o
m
m
o
d
i
t
y
o
r
P
r
o
d
u
c
t
Packaging information at delivery
Invoices/receipts
H
o
w
t
o
C
o
m
p
l
y
w
i
t
h
B
u
y
A
m
e
r
i
c
a
n
Use
Buy American
Language in all
Product specifications
Bid solicitations
RFPs
Contracts
Purchase orders
Procurement documents
Check products – Delivery
Monitor Contactor performance
E
x
c
e
p
t
i
o
n
s
t
o
t
h
e
B
u
y
A
m
e
r
i
c
a
n
P
r
o
v
i
s
i
o
n
Product is not produced or manufactured in the
United States in sufficient and reasonable
available quantities
or
Competitive bids reveal that costs of a United
States product are significantly higher
Exceptions= documentation must be on file
B
u
y
A
m
e
r
i
c
a
n
E
x
c
e
p
t
i
o
n
s
J
u
s
t
i
f
i
c
a
t
i
o
n
Domestic food product - exception is
considered
Quantity to be purchased
Domestic substitute(s) meet program need
Price of domestic substitute
Non-domestic substitution with specifications
Price of non-domestic product
Domestic substitute availability – quantity
ordered
Why non-domestic product purchased
S
U
M
M
A
R
Y
A substantial amount of the final purchased
product consists of commodities grown
domestically
Funds from Non-profit food service account
comply
Methods to comply with the Buy American
Provision
R
e
s
o
u
r
c
e
s
Buy American Provision
ODE CNP May 24, 2016 Memo (includes links to
SP-24-2016; Buy American Sample Language;
USDA Letter to Industry)
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and
policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA
programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or
retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large
print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for
benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal
Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than
English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027)
found online at:
http://www.ascr.usda.gov/complaint_filing_cust.html
, and at any USDA office, or write a letter addressed
to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form,
call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
(2) fax: (202) 690-7442; or
(3) email:
program.intake@usda.gov
This institution is an equal opportunity provider.”
Welcome to the ODE CNP Procurement training, Part 2-The Buy American Provision. This part of the procurement training is intended for Sponsors who are participating in the NSLP, SBP and USDA Foods programs.
The Buy American Provision applies to National School Lunch, School Breakfast, USDA Foods, and Child Nutrition Programs, requiring purchases of domestic commodities/products. It was added to the National School Lunch Act in 1998 and mandates that over 51% of products be domestically grown. Compliance involves using Buy American language in specifications and monitoring product origins. Exceptions exist for products not sufficiently available in the U.S. or with significantly higher costs.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Part 2: The Buy American Provision Applies to: National School Lunch School Breakfast USDA Foods Child Nutrition Programs Oregon Department of Education
Buy American Added to the National School Lunch Act by Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-786). Domestic commodity or product: Agricultural commodity produced in US Food product processed in US using commodities substantially produced in US Child Nutrition Programs Oregon Department of Education
Buy American Substantial Over 51 % grown domestically Applies to SFAs Purchasing commercial products May 24, 2016 ODE CNP Memo; SP-24-2016; Sample Buy American Provision Language; USDA Letter to Industry Child Nutrition Programs Oregon Department of Education
Buy American Funds in food service account include Federal Funds Payment for meals Sales of competitive foods Other May 24, 2016 ODE CNP Memo; SP-24-2016; Sample Buy American Provision Language; USDA Letter to Industry Child Nutrition Programs Oregon Department of Education
Determining if Domestic Commodity or Product Packaging information at delivery Invoices/receipts Child Nutrition Programs Oregon Department of Education
How to Comply with Buy American Use Buy American Language in all Product specifications Bid solicitations RFPs Contracts Purchase orders Procurement documents Check products Delivery Monitor Contactor performance Child Nutrition Programs Oregon Department of Education
Exceptions to the Buy American Provision Product is not produced or manufactured in the United States in sufficient and reasonable available quantities or Competitive bids reveal that costs of a United States product are significantly higher Exceptions= documentation must be on file Child Nutrition Programs Oregon Department of Education
Buy American Exceptions Justification Domestic food product - exception is considered Quantity to be purchased Domestic substitute(s) meet program need Price of domestic substitute Non-domestic substitution with specifications Price of non-domestic product Domestic substitute availability quantity ordered Why non-domestic product purchased Child Nutrition Programs Oregon Department of Education
SUMMARY A substantial amount of the final purchased product consists of commodities grown domestically Funds from Non-profit food service account comply Methods to comply with the Buy American Provision Child Nutrition Programs Oregon Department of Education
Questions Child Nutrition Programs Oregon Department of Education
Resources Buy American Provision ODE CNP May 24, 2016 Memo (includes links to SP-24-2016; Buy American Sample Language; USDA Letter to Industry) Child Nutrition Programs Oregon Department of Education
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov This institution is an equal opportunity provider. Child Nutrition Programs Oregon Department of Education
