Question 1: Can taste testing be part of the procurement process?
Taste testing can be part of the screening process. Screening is an acceptable part of procurement, as long as schools allow all vendors the opportunity to be part of the screening process. More information can be found in Procurement in the 21st Century, pages 49 through 53.
Question 2: ABC district would like to purchase bananas, however, there are no bananas available from American growers. Therefore the school may not purchase bananas due to the Buy American Provision.
The Buy American Provision must be followed to the "maximum extent practicable." If no bananas are supplied by American growers, than it would be considered practicable to look outside of the United States for this purchase.
Question 3: Is the following bid specification considered acceptable?
Whole grain, whole muscle, Tyson brand chicken nuggets.
Bid specifications must be general enough for multiple suppliers to reply. If a brand is mentioned, SFAs must state that equivalent products would also be considered.
Question 4: ABC school district is looking to purchase fresh oranges. California oranges are available in bulk to $0.59 per pound. Mexico also supplies oranges for only $0.57 per pound. Which product should be selected?
The Buy American Provision applies when the increased price is not cost-prohibitive. If the price difference was larger and the district could reasonably say that they could not afford the higher-priced American-grown oranges, than the district could choose the lower priced item.