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Revision to Buy American Procurement Question


Nutrition Services Division Management Bulletin

Purpose: Policy, Beneficial Information

To: School Nutrition Programs Sponsors

Number: USDA-SNP-14-2012

Attention: Food Service Directors, Purchasing Agents

Date: March 2012

Subject: Revision to “Procurement Questions Relevant to the Buy American Provision”

Reference: U. S. Department of Agriculture Policy Memos SP 20-2006, April 17, 2006, and SP 14-2012, February 13, 2012
Supersedes: USDA Policy SP 20-2006

This Management Bulletin (MB) distributes a revised set of questions and answers (Q&As) relating to the U. S. Department of Agriculture’s (USDA) “Buy American Provision.” Question 3 of the Q&As distributed with USDA Policy Memo SP 20-2006 is corrected as follows:

3) Question: Are there any exceptions to the requirements of the Buy American provision?

Answer: Yes. While rare, two situations which may warrant a waiver to permit purchases of foreign food products are include: 1) the product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality; or and 2) competitive bids reveal the costs of a U.S. product is significantly higher than the foreign product.

If you have a copy of USDA Policy Memo SP 20-2006, please replace it with the current SP 14-2012 available at the USDA Policy Web page at http://www.fns.usda.gov/cnd/Governance/Policy-Memos/2012/SP14-2012os.pdf.

If you have any questions, please contact your School Nutrition Programs Specialist by phone at 916-323-7186 or 800-952-5609.

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