1-RFB-2026-226-YFS-FS FINAL-DBM edits in red.docx

City of Albuquerque Request for Bids

RFB-2026-226-YFS-FS

Child Care Meals for Early Childhood Centers

THIS IS A FEDERALLY-FUNDED PROJECT

Closing Date: December 21, 2025 at 2:00 pm MT

V2024.07.10JLB

Introduction

1. Purpose:

The City of Albuquerque is requesting bids for Child Care Meals for Early Childhood Centers in accordance with the terms, conditions, and specifications set forth herein. The City intends to establish a Service Agreement (“Contract”) for Child Care Meals. The City reserves the right to award multiple agreements under this procurement if it is deemed in the best interest of the City.

2. City Contact:

The sole point of contact for this RFB is the Purchasing Division. Questions regarding this RFB should be directed to the following Purchasing representative unless otherwise specified in the solicitation. The City Contact will communicate with Bidders through its e-procurement system, Bonfire. Bidders will receive e-mail notifications from Bonfire to the e-mail that Bidder included in its Bonfire registration. Bidders are responsible for monitoring any communications sent through Bonfire and responding to any requests for information or directives within stated deadlines. Bidders who fail to abide by this instruction may be deemed nonresponsive.

· Francesca Smith Senior Buyer, Department of Finance and Administrative Services, Purchasing Division

· Phone: (505) 767-5696 or E-Mail: fsmith@cabq.gov

3. Bidder Contact: Please provide in the “Requested Information” section of Bonfire the name, title, email address, and telephone number of the person in your organization who is authorized to execute the contract resulting from this RFB.

4. Contract Management:

The Contract resulting from this RFB will be managed by the Department of Youth and Family Services, Division of Child and Family Development (DCFD).

5. Term of Contract:

The term of the Contract shall be for one (1) years from date of award with the option to renew for an additional three (3) years. The term of the Contract shall not exceed a total Contract term of four (4) years.

Part 1: Instructions to Bidders

1. Submission of Bids:

Submit your complete Bid, including all forms, attachments, exhibits, etc. using the eProcurement System at https://cabq.bonfirehub.com/portal/?tab=openOpportunities. Please allow a minimum of two (2) business days to submit your proposal. If you do not have a username and password, please register as this is the only method to submit electronically on the Bonfire portal. Please make sure to register on the system in order to receive notices and submit a response to a solicitation. For assistance, please contact support@gobonfire.com or 1-800-354-8010. Failure to submit your Bid electronically through the City’s eProcurement system shall result in your Bid being deemed nonresponsive.

2. Opening of Bids:

Properly submitted bids will be opened publicly via a live video or audio webcast that will allow attendees to observe but not participate in or comment on the opening. Attendees may be required to register for the webcast prior to being admitted to the webcast.

Join Zoom Meeting https://cabq.zoom.us/j/83013241308 View meeting insights with Zoom AI Companion https://cabq.zoom.us/launch/edl?muid=f9e222a9-885f-45fa-97c8-98ffcd3fe1f6 Meeting ID: 830 1324 1308 One tap mobile

+12532050468,,83013241308# US

+12532158782,,83013241308# US (Tacoma) Join instructions https://cabq.zoom.us/meetings/83013241308/invitations?signature=2OHCQW3K5iD7vWiLq3hSbdoyDMoC_PgqhMNGADzjBNs

3. Public Inspection of Bids:

4. Questions:

Any questions regarding this RFB shall be submitted electronically through the City’s eProcurement system Bonfire at least ten (10) business days prior to the deadline for receipt of bids. The City will not consider requests for an extension of time after that deadline nor will it answer any questions submitted after the deadline. The City will not respond to questions that are submitted by any other means than electronically through the City’s eProcurement system. Purchasing shall prepare answers to questions in the form of addenda and shall post all such addenda to the eProcurement System.

5. Addenda:

Changes in quantity, specifications, delivery schedules, opening dates, etc., shall be accomplished by an addendum to the RFB posted to the eProcurement system before the date and time for Bid opening. Bidders are responsible for acquiring issued addenda in time to incorporate them into their bids. It is the responsibility of each Bidder to check the system prior to submission of their Bid to ensure that they have received all addenda issued.

6. Modification and Withdrawal of Bids:

Bidders are responsible for submitting, modifying, or withdrawing bids prior the closing time specified in the eProcurement system. Late bids shall be deemed nonresponsive. Modifications or withdrawals occurring after the closing date shall be rejected.

7. Evaluations of bids:

The City reserves the right to analyze, examine and interpret any Bid for a minimum period of ninety (90) calendar days, after the deadline for the receipt of bids. Bids may not be rescinded during this period except for good cause and with the written approval of the Chief Procurement Officer. In those situations where the analysis/evaluation exceeds the ninety (90) calendar days, Bidders may withdraw their bids from consideration.

8. Minor or Technical Irregularities and Technical Review Period Minor or technical irregularities that are matters of form rather than substance can be waived or corrected without prejudice to other Bidders. The defect or variation is immaterial when there is no effect on price, quality, quantity, or delivery or the effect is negligible when contrasted with the total cost of the goods or services being acquired. The Chief Procurement Officer may waive such irregularities or defects or allow the Bidders to correct them if either is in the best interest of the City. Purchasing will notify any Bidders of minor or technical irregularities. Bidders will then have three (3) business days from the time they are notified of the failure to correct the irregular (only) portion of their Bid before the evaluation process begins. Bidders will be notified via email.

9. Mistakes in Bids:

Mistakes in bids may not be corrected after the RFB closes. The only exception is when a Bidder incorrectly calculates a total price based on unit price times estimated quantity. In such a case, the unit price will be presumed to be the correct price and the total price may be recalculated. This will be determined on a case-by-case basis. If there is only one Bidder in this circumstance, the City may determine that re-posting the Bid is in the best interest of the City.

10. Cancellation:

The Chief Procurement Officer may cancel an RFB at any time, if the Chief Procurement Officer deems such action is in the best interest of the City. Purchasing will notify all Bidders through a general notice of cancellation through the eProcurement system.

11. Protest Procedure:

A. RFB Documents: If the protest concerns the specifications for the RFB or other matters pertaining to the solicitation documents, the protest must be filed with the Chief Procurement Officer no later than 5:00 p.m., ten (10) business days prior to the deadline for the receipt of Proposals.

B. Notice of Award: If the protest concerns the Notice of Award, the protest must be filed with the Chief Procurement Officer no later than 5:00 p.m. of the fifth (5th) business day after the receipt of notice of the Notice of Award.

C. Timely Protests: Protests must be received by the Chief Procurement Officer prior to the appropriate deadline as set out herein, or they will be rejected. The Chief Procurement Officer may waive the deadline for good cause, including a delay caused by the fault of the City. Late delivery by the U.S. Postal Service or other carrier shall not be considered good cause.

D. How to File a Protest: Any Bidder who is aggrieved in connection with a competitive solicitation or notice of award of a contract may protest to the City Chief Procurement Officer. The protest shall be addressed to the Chief Procurement Officer, must be submitted in written form and must be legible. Protests may be electronically delivered via email or mailed. Facsimile, telephonic, telegraphic or any other type of electronic protests will not be accepted.

E. Required Information: The protest shall contain at a minimum the following:

(1) The name and address of the protesting party;

(2) The number of the competitive solicitation;

(3) A clear statement of the reason(s) for the protest detailing the provisions believed to have been violated;

(4) Details concerning the facts, which support the protest;

(5) Attachments of any written evidence available to substantiate the claims of the protest; and

(6) A statement specifying the ruling requested.

F. Delivery of Protests:

(1) By Mail: Protests may be mailed in an envelope marked “PROTEST” with the solicitation number. Protests which are mailed should be addressed as follows:

Chief Procurement Officer City of Albuquerque, Purchasing Division P.O. Box 1293 Albuquerque, NM 87103 PROTEST, RFB Number

(2) By Electronic Mail: Protests may be emailed to:

Kathleen Oney, Chief Procurement Officer Koney@cabq.gov The message should clearly indicate “PROTEST” and the RFB number in the subject line.

G. Protest Hearing: If a hearing is requested, the request must be included in the protest and received within the time limit. Only the issues outlined in the protest will be considered by the Chief Procurement Officer, or may be raised at a protest hearing. The granting of a hearing shall be at the discretion of the Chief Procurement Officer following review of the request.

H. Protest Response by Chief Procurement Officer: The Chief Procurement Officer will, after evaluation of a protest, issue a response. Only the issues outlined in the written protest will be considered by the Chief Procurement Officer.

12. Award of Contract:

A. When Award Occurs: The award of a contract occurs when a Purchase Order is issued or another written contractual commitment of acceptance by Purchasing is provided to the Bidder. A Notice of Award or Letter of Intent does not constitute award of Contract.

B. Award: If a Contract is awarded, it shall be awarded to the responsive and responsible Bidder whose Bid is lowest in total price and is the most advantageous to the City, Specifications and other factors considered. The apparent lowest Bid upon opening of the bids may not result in a Contract. The award of a Contract is subject to completion of a review of the Bid for responsiveness to the RFB and of the responsibility of the Bidder.

C. Basis of Award: The City reserves the right to award a Contract based on this solicitation in total or by group of items, on the basis of individual items, or any combination of these, which in the judgment of the Chief Procurement Officer, best serves the interests of the City, unless otherwise stated in this solicitation.

13. Procurement Preferences:

THIS IS A FEDERALLY-FUNDED PROJECT. NO PREFERENCES SHALL BE APPLIED.

14. Pay Equity:

Pay Equity Documentation. All bids shall include a Pay Equity Reporting Form that can be accessed at https://www.cabq.gov/gender-pay-equity-initiative. Bidders who believe they are exempt because they are an out-of-state contractor (meaning that you have no facilities and no employees working in New Mexico) are not required to report data, but must still submit a Pay Equity Reporting Form with the box verifying the exempt status checked. Any Bid that does not include a Pay Equity Reporting Form shall be deemed nonresponsive, as stated in the Public Purchases Ordinance, 5-5-31. A Pay Equity Reporting Form will be automatically issued within two (2) business days of completing your information at the link above. To ensure you have your form before the deadline for solicitation close, please access the link at least three (3) business days prior to the solicitation deadline. Please contact the “City Contact” identified above in Section 2 with any questions about the Pay Equity Reporting Form.

15. General Terms and Conditions:

Response to this solicitation signifies that Bidder agrees to the Federally-Required Contract Provisions referenced herein and the City’s Terms and Conditions. Bidders may preview City terms and conditions applicable to the Contract resulting from this solicitation at:

https://www.cabq.gov/dfa/procurement-division/vendor-services/terms-and-conditions

Bidders may preview Federally-Required Contract Provisions as set forth in this RFB.

Individual solicitations and/or Contracts may have supplemental terms and conditions which may add or change the listed terms and conditions.

Part 2: Supplemental Terms and Conditions:

1. Brand Names:

Where a brand name or equal specification is used in a solicitation, the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired, and is not intended to limit or restrict competition. If a Bidder proposes an “equal” to scope of work/specifications, City of Albuquerque is the sole interpreter of the scope of work/specifications and sole judge as to whether the “equal” proposed complies with the scope of work/specifications.

Brand name(s) and/or catalog number(s) are given for purposes of identification and to denote the standard of quality desired, and do not, in any way, restrict Bidders to a specific make and manufacturer. If there is any deviation in the pack, source, quality, etc., of an item Bid from that prescribed in the specification, the appropriate line in the specifications is to be ruled out and the substitution clearly indicated. All substitutions must be functionally equivalent to the item specified.

2. Intent of Specifications:

The following specifications are intended to describe the requirements of the City. The City reserves the right to accept some minor variances in the approved goods and/or services offered by Bidders if such acceptance is determined to be in the best interest of the City.

3. Interpretation of Bid Specifications:

The Awarded Bidder shall ensure that goods and/or services offered meet or exceed the stated criteria.

The City reserves the right to add additional products directly related to these Specifications after award of Contract. Any such addition shall be accomplished via an amendment to the Contract awarded under this RFB.

4. Federal Requirements:

This project is subject Federal procurement requirements and no preferences shall be applied. The Federally-Required Contract Provisions set forth in 2 CFR Section 200.327 are incorporated herein and to the Contract awarded under this RFB by this reference.

5. Other Requirements:

None

6. Pre-Bid Meeting:

Non-Mandatory Pre-Bid Meeting: This is not a mandatory pre-Bid meeting, but highly recommended. Those Bidders who choose not to attend shall be solely responsible for obtaining any additional information, clarifications or addenda resulting from this meeting.

December 3, 2025 3:00PM MST Join Zoom Meeting https://cabq.zoom.us/j/87117541521 View meeting insights with Zoom AI Companion https://cabq.zoom.us/launch/edl?muid=9bee3ad6-1d1f-4ed3-b683-63b63ae8be1e Meeting ID: 871 1754 1521 One tap mobile

+16694449171,,87117541521# US

+16699006833,,87117541521# US (San Jose) Join instructions https://cabq.zoom.us/meetings/87117541521/invitations?signature=1D6Z2jFWnzvJjmu6UyFYmbkcvNsyO1erbuwAxFrAutI

7. Required Federal Forms:

Bidders shall upload the following required federal forms in the City’s eProcurement system. Any response that does not contain the required forms shall be deemed nonresponsive.

Suspension and Debarment Certification (all) Lobbying Certification (all) Certification of Bidder Regarding Equal Employment Opportunity (all)

8. No Cost Plus:

Pursuant to Section 5-5-9(B) of the Purchasing Ordinance, the City shall not enter into any contract which is a cost-plus-percentage of cost contract. Bids that include cost plus provisions shall be deemed nonresponsive.

Part 3: General Specifications:

1. Objective Description (Statement of Needs):

The City of Albuquerque's Youth & Family Services Department, Division of Child and Family Development (DCFD) operates several Child Development Centers (Center), Preschool (PRES), Pre-Kindergarten (PRE-K), and Early Head Start (EHS) which serve income-eligible children between the ages of zero to five years. The centers are open from 7:30 am to 4:30 pm MT Monday through Friday, excluding all City recognized holidays and specific closure dates. PRE-K and PRES centers close at 1:30 PM MT every Wednesday. See Exhibit A – City of Albuquerque Early Childhood Centers for Center listings.

The City is requesting bids from experienced food service vendors to provide meal services to the Centers according to the specifications listed herein. The City anticipates awarding to the lowest responsive Bidder. This is an All or Nothing Request for Bids and Bids submitted shall include pricing and delivery for all meals at all Centers listed as requested in the Bonfire “Bid Table”.

2. Minimum Requirements:

A. The Awarded bidder shall comply with all Local, State, and Federal requirements for food preparation, delivery, and storage including all Child and Adult Care Food Program (CACFP) requirements as outlined in this RFB, Exhibit B, and C.

B. Bidders shall have a minimum of three years of experience in foodservice and delivery in order to be considered responsive to this RFB. Bidders shall upload a letter or email from a minimum of three references that can verify Bidder’s years of experience with its bid submission. Bidders shall not use City officials or employees as references. Any such references will not be considered. The following information shall be included in Bidder’s references:

• Full Name of Person Providing Reference

• Company Name (Preferable Company Logo/Letterhead)

• Company Address

• Reference Email

• Reference Phone Number

• Dates of Service Provided

3. Bid Specifications:

SERVICE REQUIREMENTS:

A. The Awarded bidder shall provide breakfast, lunch, and an afternoon snack five

(5) days per week, excluding City Holidays at the Centers listed in Exhibit A - City of Albuquerque Child Development Centers. Mealtimes may vary.

B. Of the weekly meals, the Awarded bidder shall provide a minimum of two (2) hot breakfasts and a minimum of four (4) hot lunches every week.

C. The Awarded bidder shall deliver food to each Center not less than thirty (30) minutes prior to scheduled meals times as stated below Meals shall be served at the following times:

Breakfast - 7:30 am to 8:30 am MT Lunch - 11:00 am to 12:00 pm MT Snack - 2:00 pm to 2:30 pm MT* *No snack requirement on Wednesdays, due to half-day schedules for the following:

Preschool (PRES), Pre-Kindergarten (PRE-K)

D. The Awarded bidder shall deliver food to each Center in vehicles specifically outfitted for food delivery, with the capacity to keep the food sanitary and at appropriate temperatures.

E. Milk and other cold food shall be packed in ice and delivered at a temperature of at least 40 degrees Fahrenheit as outlined in the resource noted in Exhibit B.

F. Hot food shall be delivered at a temperature of at least 140 degrees Fahrenheit and must be kept at these temperatures without cooling down as outlined in the resource noted in Exhibit B and C. Food cannot be re-warmed.

G. Food dishes shall be delivered in an appropriate, sanitary, insulated carrying case or mobile heated cart which will keep the food hot and covered as outlined in the resource noted in Exhibit B and C.

H. The Awarded bidder's driver or other employees shall deliver the food indoors into the cafeteria or food serving area. Dishes and any other of the awarded bidder's items left from the previous meal shall be picked up by the driver or other designated employee when delivering the next meal. Food shall not be left on the premises if not received by City staff.

I. The Awarded bidder shall provide utensils, bowls, plates, cups, napkins, and serving dishes as appropriate for each meal served. Tableware shall be an appropriate size for preschool children and toddlers to serve themselves effectively.

J. The Awarded bidder shall only invoice for actual meals provided. Meal counts will be called into the awarded bidder daily by each Center, approximately between 9:00 am – 9:15 am. Meal counts may vary.

K. The Awarded bidder shall collaborate with Division of Child and Family Development nutritionist as-needed, including ensuring menus align with CACFP guidelines and address any special dietary needs.

L. The Awarded bidder shall attend the annual Child Adult Care Food Program (CACFP) training and the CACFP Cooks Academy training. The Awarded bidder shall provide the City of Albuquerque a copy of its certificate of attendance immediately upon receipt.

1) The State of New Mexico sends out the dates of training April, through May each year to all program managers within DCFD. DCFD will notify the awarded bidder of the training release dates.

M. The Awarded bidder shall provide food prepared using CACFP Standards and work with the Centers to provide special meals for children with food allergies or other dietary restrictions.

N. The Awarded bidder shall provide food prepared using CACFP Standards for requested sack lunches or other meals when Centers are planning special events for children and families.

O. Awarded bidder shall provide fresh and nutritious meals/snacks that are deemed age-appropriate by the City’s Registered Dietitian for the children at the Centers.

P. Center Count Requirements:

1) Children: Ranging from as low as 2 up to 40

2) Ages: Birth to 5 years.

3) Adults: Average of 6 are for LUNCH ONLY.

4) The child counts are for breakfast, lunch, and an afternoon snack.

FOOD REQUIREMENTS:

A. The Awarded bidder shall provide breakfast, lunch, and afternoon snack at the Centers in accordance with the regulations and guidelines outlined in the following training and resources:

1) Child and Adult Care Food Program Standards, provided by the CACFP training.

2) Cooks Academy Standards provided by CACFP Cooks Academy Training.

3) Early Childhood Education and Care Department (ECECD) State Licensing Regulations Governing facilities providing food assistance and support. These publications are available at NewMexicoKIDS.org:

https://www.Newmexicokids.org/home/focus-materials/ food assistance, and support.

4) United States Department of Agriculture Food Safety and Inspection Service USDA Resource topics "Danger Zones" and "Cooking for Groups" at fsis.gov (Exhibit B and C).

B. The Awarded bidder shall provide each Center a production sheet for daily meals served that must show as few deviations as possible from pre-printed menu plans. Substitutions of food must be kept at a minimum, must be in the same food group, and may require prior approval by a DCFD nutritionist.

C. The Awarded bidder shall provide food that meets CACFP Standards of quality and freshness, offering variety, and considering color, texture, and reported likes and dislikes of the consumers as outlined in the CACFP Program Manual guidelines referenced in Exhibit D – Contract Agreement for CACFP Vendor Meal Service.

D. The quality of the food shall meet CACFP standards for portion size and nutritional balance, as outlined in the training noted in Exhibit E.

E. The Awarded bidder shall abide by CACFP regulations for record-keeping, menu planning, and publications, and for use of appropriate foods as defined by CACFP Program Manual guidelines as referenced in Exhibit D and E - New Mexico Administrative Code 8.8.2, as described in Exhibit F.

F. The Awarded bidder shall provide regular records of kitchen inspections to the program, as carried out by the Environmental Inspection Division (EID), and as required by New Mexico Licensing Regulations (see item Exhibit E), as described therein Exhibit F – New Mexico Administrative Code 8.2.2.

G. The Awarded bidder shall prepare a 6-week cycle of menus in accordance with the nutritional requirements required and submit them to the Division of Child and Family Development for approval, attention:

Dr. Dawnita Blackmon-Mosely, Associate Director, DCFD Health Coordinator and Contracted Registered Dietitian/Nutritionist

H. Occasional changes to ensure variety may be required. The awarded bidder shall obtain approval of the menus and a valid Purchase Order prior to commencing work.

I. The Awarded bidder shall make sure that the quantity of food sent will be enough to serve the number of meals required.

J. After serving, all dishes and utensils will be returned to the insulated food carriers or the cart unwashed. The Awarded bidder shall pick up, wash and sanitize the dishes and carry containers daily. The dishes from Friday's (or the day before a holiday or Center closure) lunch and or afternoon snack must be picked up on Friday afternoon (or the last day before Center closure) so as not to be left in the Centers over the weekend.

ADDITIONAL REQUIREMENTS:

A. An inspection of the Awarded bidder's facilities by City personnel may be required prior to the award of contract.

B. Copies of Health inspection certificates may be requested by the City prior to the award of the contract. Copies of Health inspection certificates must be provided to the City by the vendor as they become available. The City has the right to suspend the contract or pursue the cancellation of the contract if the awarded bidder has any unsatisfactory health inspections or any citations from the Environmental Health Department. If food is not arriving at the correct temperatures or there are any other health-related concerns with the preparation or delivery of the food, the City may also suspend goods/services immediately until the problems have been resolved. No payment will be made to the Awarded bidder for the period of suspension.

C. Should a transition period be needed, the City will negotiate at that time with the current vendor.

D. If the awarded bidder is cited for violations by the Environmental Health Department, the Division of Child and Family Development shall be notified in writing of the infraction, and any corrective action is taken.

E. The City reserves the right to suspend the meal service at any time if there is any question of the quality or safety of the food or service. Frequent or recurring infractions against the requirements set forth in this RFB may result in the cancellation of the contract.

F. The City requires the Awarded bidder to adhere to the stated schedule. The City may agree, with prior written approval from City staff, to some minor deviation from the stated schedule on a case-by-case basis if the awarded bidder cannot meet the meal time delivery schedule exactly.

G. The Awarded bidder shall be available for meetings quarterly with the Division of Child and Family Development staff or as requested.

H. The Awarded bidder shall submit costs in the Bid Table located in the City’s eProcurement system Bonfire. Costs shall be priced per meal per child, and price per meal per adult at each Center for comparison purposes to other bids.

4. Ordering and Invoicing Instructions for Fixed Price Contracts:

A. The City shall issue a Purchase Order for any goods and/or services ordered. Any goods and/or services ordered must be on the contract awarded under the RFB.

B. The Awarded Bidder shall not ship any product or provide any services unless a Purchase Order has been issued.

C. Payment shall not be made to the awarded bidder for meals that are delivered outside of the agreed-upon delivery time of thirty (30) minutes prior to meal serving times. Meals that are spoiled or unwholesome or do not arrive at an acceptable temperature or do not otherwise meet the meal specification requirements contained in this RFB and any resulting contract may be rejected. The City shall not pay for unacceptable products).

D. Each invoice shall include: (1) a unique invoice number, (2) the Purchase Order number, and (3) details of goods and/or services being invoiced to include delivery dates and delivery locations. The amounts on the invoice shall match the amounts on the Purchase Order. Failure to comply with this Section may result in delayed or denied payments.

E.Invoices may be submitted for processing via Transcepta, email or standard mail, but should only be sent to the AP Division via one of the submission options. Please do not submit invoices via more than one of the stated options, as it will increase chances for processing errors.

Order of Precedence:

In the event of conflict between the Federally-Required Contract Provisions referenced herein, the General Terms and Conditions, the Supplemental Terms and Conditions, and the Specifications, the Federally-Required Contract Provisions referenced herein shall take precedence.

FEDERALLY-REQUIRED CONTRACT PROVISIONS

IN COMPLIANCE WITH 2 CFR PART 200, APPENDIX II

All Contractors with Agreements funded in whole or in part with federal funds shall be required to comply with 2 CFR Part 200, Appendix II, as follows:

During the performance of this contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

All contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3; construction work.

The Contractor agrees to place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or sub-contract must be conditioned upon the acceptance of the wage determination. The Contractor must report all suspected or reported violations to the City, who will report the same to the federal awarding agency.

All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 CFR Part 5, as applicable.

Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in wage determination made by the Secretary of Labor. Additionally, Contractor is required to pay wages not less than once a week.

All prime construction contracts in excess of $2,000 awarded by non-Federal entities; construction work

Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this contract.

The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA or other applicable federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor with all of these contract clauses.

A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor or subcontractor as provided in 29 CFR §5.12.

For construction work over $2,000

Overtime requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the Contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section.

Withholding for unpaid wages and liquidated damages: The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of 29 CFR §5.5, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of 29 CFR §5.5.

For contracts over $100,000 or that involve mechanics or laborers

If the award meets the definition of “funding agreement” under 37 CFR §401.2(a) and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the City must comply with the requirements of 37 CFR Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA or other applicable federal agency.

For funding agreements under 37 CFR 401.2(a)

The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq.

The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA or other applicable federal agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA or other applicable federal agency.

For contracts over $150,000

This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 CFR §180.995) or its affiliates (defined at 2 CFR §180.905 are excluded (defined at 2 CFR §180.940) or disqualified (defined at 2 CFR §180.935).

Contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to the City, the federal government may pursue available remedies, including but not limited to, suspension and/or debarment.

The Bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, while this offer is valid and throughout the period of any contract that may arise from this offer. This Bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

For all contracts:

1) over $25,000, 2) requiring federal agency approval, 3) for federally required audit services, or 4) a subcontract meeting requirement 1 or 2

Contractors who apply or Bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. §1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certifications to the awarding agency.

If the Agreement exceeds $100,000, the Contractor must certify compliance with the Byrd Anti-Lobbying Amendment.

For all contracts; contracts over $100,000 must certify compliance

In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

1. Competitively within a time frame providing for compliance with the Agreement performance schedule;

2. Meeting Agreement performance requirements; or

3. At a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

For state or political subdivision of the state, if the purchase price of an item exceeds $10,000 (including value of item acquired over the year)

(a) Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to:

(1) Procure or obtain;

(2) Extend or renew a contract to procure or obtain; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to…