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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/sites/default/files/SP14-2012os.pdf.

If you have any questions regarding this subject, please contact your Contract Specialist. A list of Contract Specialists is available in the Download Forms section of the CNIPS, Form ID Case load. You can also contact Debbie Reeves, School Food Service Contracts Unit Office Technician, by phone at 916-319-0636 or 800-952-5609, Option 2, or by e-mail at SFSContracts@cde.ca.gov to be directed to your Contract Specialist.

Questions:   School Food Service Contracts Unit | 800-952-5609
Last Reviewed: Thursday, February 9, 2017
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