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Monitoring the Buy American Provision by SFAs

The USDA requires SFAs to purchase, to the maximum extent practicable, domestic commodities or products. This is accomplished by SFAs including the Buy American provision in solicitations (Bid or RFP document), contracts, and product specifications.

  • A reply offer (response to your bid or RFP) to comply with Buy American terms in a solicitation ensures contractors are aware of Buy American requirements.
  • Bidder assurance of the Buy American provision ensures that the bidder is responsive and responsible to solicitation.
  • Best Practices:
    • Include language in the solicitation and contract on how the bidder would address alternative methods to conform to the Buy American provision, if needed.
    • Include language that establishes the method of requesting exceptions before supplying non-domestic products.
    • Monitor and ensure compliance of solicitation and contract language.

SFAs must monitor contractor performance as required in 2 CFR Part 200.318(b), formerly in 7 CFR Part 3016.36(b)(2), to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

  • This is accomplished by ensuring the product label designates the United States, or its territories, as the country of origin.
  • Therefore, SFAs must ensure that products delivered comply with any Buy American contract provisions by reviewing products and/or delivery invoices/receipts to identify the country of origin is the United States or its territories.
  • SFAs also need to conduct a periodic review of storage facilities, freezers, refrigerators, dry storage, and warehouses to ensure products comply with the Buy American provision, unless a limited exception has been approved.