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Buy American Provision

Overview

Map of USA

The Buy American provision requires School Food Authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodities or products. This requirement supports american agriculture and the mission to serve children nutritious meals.

SFAs must comply with this standard when purchasing commercial food products served in the school meals programs by including Buy American provision language in procurement procedures, solicitations, and contracts in addition to tracking non-domestic product(s) purchased.

Regulations for this USDA requirement can be located in section 12(n) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(n)) and program specific procurement regulations in 7 CFR Part 210.21(d) and 7 CFR 220.16(d).

Buy American In a Nutshell

Procurement Language

SFAs must include language requiring the purchase of foods that meet the Buy American provision in all procurement procedures, solicitations, and contracts.
 

Example Solicitation and Contract Language

Buy American: The SFA by participating in the federal school meal programs is required to purchase domestic commodities and products for school meals to the maximum extent practicable. Domestic commodity or product means an agricultural commodity produced in the U.S. and a food product processed in the U.S. substantially (at least 51 percent) using agricultural commodities which are produced in the U.S. (7CFR210.21(d), 220.16(d)). Selected Contractor shall notify SFA in advance of delivery of any product not compliant with this requirement. Product(s) delivered to the SFA which are not compliant with this requirement will be returned and invoice(s) for those items will not be paid. 

Tracking Non-Domestic Exceptions

SFAs must maintain documentation to justify the use of non-domestic exceptions. There are two limited exceptions when non-domestic foods may be purchased. SFAs do not need pre-approval or a waiver from the DPI SNT or USDA to use an exception. 

Availability

The product is listed on the Federal Acquisitions Regulations Nonavailable articles list found at 48 CFR 25.104  and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality. 

Price

Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

Tracking Tools 

 

Noncompliant Product List - Multiple (Word)

Noncompliant Product List - Multiple (Excel)

Retain and make notes of communications regarding the reason(s) for the exception. This includes email or procurement notes of discussion regarding alternatives to non-domestic products purchased by the SFA. 

Resources and Policy Memos

Buy American Provisions Related to the Final Rule - CNP Meal Patterns Consistent with the 2020-25 DGAs, SP 23-2024, USDA, 05/29/2024

  • Policy memo, Buy American Exceptions Tracking Standard Form Template, and USDA Buy American Provisions Webinar

Buy American and the Agriculture Improvement Act of 2018, SP 32-2019, USDA, 08/15/2019

Compliance with and Enforcement of the Buy American Provision in the NSLP, SP 38-2017, USDA, 06/30/2017

Buy American Reminder, SP 29-2006, USDA, 08/09/2006

Buy American Fact Sheet, USDA, 05/30/2019