BUY AMERICAN COMPLIANCE. As a sponsor of the School Nutrition Programs, the Co-op will consider only applicable products, which comply with the requirements of the "Buy American" Act. Distributor must comply with the Xxxxxxx X. Xxxxxxxx Child Nutrition Reauthorization Act of 1998 (7 CFR 210.21) which requires that schools and institutions participating in the School Nutrition Programs in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products for the use in meals served under the programs. The legislation defines "domestic commodity or product" as one that is produced in the United States and is processed in the United States, substantially using agricultural commodities that are produced in the United States. The report accompanying the legislation stipulated that "substantially" means over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. It is the Co-op's intent to strictly adhere to this law. Decisions to the contrary shall be the Co-op's responsibility. By submitting and signing this proposal/bid, the bidder acknowledges and certifies that his/her company complies with the Buy American Provision that the food delivered is of domestic origin or the product is substantially produced in the United States. If the bidder is unable to certify compliance with the Buy American provision, the bidder shall state this in his/her response and provide an explanation as to why it cannot certify compliance. Failure to include such information on the bid submission may result in product rejection at the distributor's expense. Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved upon request. To be considered for an alternative or exception, the request must be submitted in writing to the TVC member, a minimum of 7 days in advance of delivery. The request must include the:
(1) Alternative substitute(s) that are domestic and meet the required specifications: (a) Price of the domestic food alternative substitute(s); and
BUY AMERICAN COMPLIANCE. As a sponsor of the School Nutrition Programs the District will consider only applicable products which comply with the requirements of the "Buy American" Act.
a) Alternative substitute(s) that are domestic and meet the required specifications:
a. Price of the domestic food alternative substitute(s); and
b. Availability of the domestic alternative substitute(s) in relation to the quantity ordered.
b) Reason for exception: limited/lack of availability or price (include price):
a. Price of the domestic food product; and
b. Price of the non-domestic product that meets the required specification of the domestic product.
