Common use of Buy American Clause in Contracts

Buy American. Contractor must comply with the Xxxxxxx X. Xxxxxxxx Child Nutrition Reauthorization Act of 1998 (Buy American Act -7 CFR 210.21) which requires schools and institutions participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP. The term ‘domestic commodity or product’ means—(i) An agricultural commodity that is produced in the United States; and (ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Substantial means over 51% of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. (a) Competitive bids reveal that the costs of the U.S. product are significantly higher than the non-domestic products; or (b) Use of a non-domestic alternative food is necessary because the domestic good is not produced or manufactured in sufficient and reasonably available quantities of a satisfactory quality. The District will also consider the use of domestic alternative foods before approving an exception. For example, the District may consider using domestic apples as a substitute for non-domestic pears.

Buy American. Contractor must comply with the Xxxxxxx X. Xxxxxxxx Child Nutrition Reauthorization Act of 1998 (Buy American Act -7 CFR 210.21) which requires schools and institutions participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP. The term ‘domestic commodity or product’ means—(i) An agricultural commodity that is produced in the United States; and (ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Substantial means over 51% of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. (a) Competitive bids reveal that the costs of the U.S. product are significantly higher than the non-domestic products; or (b) Use of a non-domestic alternative food is necessary because the domestic good is not produced or manufactured in sufficient and reasonably available quantities of a satisfactory quality. The District will also consider the use of domestic alternative foods before approving an exception. For example, the District may consider using domestic apples as a substitute for non-non- domestic pears.