What can SFAs do to comply with the Buy American provision?
- SFAs can make a procurement plan that explains the Buy American provision. A procurement plan can help to make sure that prohibited or anti-competitive practices are not employed by the SFA in its procurements under the Child Nutrition Programs and also can be an effective tool for ensuring the proper application of the Buy American provision.
- SFAs should include a Buy American clause in all product specifications, solicitations, purchase orders, and other procurement documents.
- SFAs must monitor contractor performance [as required by 7 CFR Part 3016.36(b)(2)] to ensure compliance with all contractual requirements, including Buy American.
Further guidance can be found in USDA FNS memo SP 20-2006 guidance (see Q&A 5); this memo states that SFAs must ensure that all procurements using funds from the nonprofit school food service account comply with the Buy American provisions. This includes foods that are sold to students as a la carte food items. Memo SP 20-2006 guidance describes actions that SFAs can take to comply with the Buy American requirements, such as:
- Including a Buy American clause in all procurement documents (product specifications, bid solicitations, requests for proposals, purchase orders, etc.)
- Monitoring contractor performance
- Requiring suppliers to certify the origin of the product
- Examining product packaging for identification of the country of origin
- Asking the supplier for specific information about the percentage of U.S. content in the food product