2-FINAL RFB BOILERPLATE At Risk Meals 04172026.pdf

City of Albuquerque

Request for Bids

RFB-2026-761-YFS-FS

CACFP At Risk Supper Meals/ Snacks

THIS IS A FEDERALLY-FUNDED PROJECT

Closing Date: May 20, 2026 at 2:00 pm MT

V2024.07.10JLB

Introduction

1. Purpose:

The City of Albuquerque is requesting bids for CACFP At Risk Supper Meals/ Snacks in accordance with the terms, conditions, and specifications set forth herein. The City intends to establish a Service Agreement (“Contract”) for At Risk Supper Meals/ Snacks. 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.

5. Term of Contract:

The term of the Contract shall be for one (1) year from date of award with the option to renew for an additional three (3) years, in one (1) year increments. 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.

Date: Wednesday May 20, 2026

Time: 2:15PM MST

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3. Public Inspection of Bids:

A. The Purchasing Division’s procurement file and any documents relating to this RFB, including the bids submitted by Bidders, shall be open to public inspection in accordance with applicable law after the bids are unsealed.

B. A Bidder who chooses to submit material they consider a “Trade Secret” must do so in a segregated file clearly designated as containing trade secrets both in the file name and within the contents of the file itself. These segregated files are to be used by the City for reference only. A Bidder’s failure to segregate such materials constitutes a failure to reasonably, under the circumstances, maintain the materials’ secrecy and Bidder indemnifies and holds the City harmless for any and all liability resulting from the disclosure of any materials not segregated as described above.

C. If a Bidder submits with a Bid material required by law to be kept confidential, the Bidder must segregate such material in a separate file. Such a file should be clearly designated as “Legally Confidential” in both the file name and within the contents of the file. The contents of the file must include a description and citation to the legal basis for why the material must be kept confidential. Failure to segregate the material and describe the legal basis for why it is to be kept confidential may result in the information being disclosed. Designating the entire Bid confidential is not acceptable without providing the legal basis and may result in the information being disclosed.

Bidder indemnifies and holds the City harmless for any and all liability resulting from such disclosure resulting from information not segregated as described above.

D. Pricing, makes and models or catalog numbers of items offered, delivery terms, and terms of payment shall not be designated as trade secrets or required to be kept confidential by law.

E. The City will endeavor to restrict the release of material segregated and designated as “Trade Secret” or “Legally Confidential to only those individuals involved in the review and analysis of the bids, and to any other party as required by law or court order. Under the New Mexico Inspection of Public Records Act (Sections 14-2-1 et seq, NMSA 1978) (“Act”) the City may redact trade secrets and other material required to be kept confidential by law, but may not redact proprietary or confidential information. Any Proprietary or Confidential Data provided as part of a Bid is subject to public inspection under the Act. Notwithstanding any provision of this RFB, the City shall not be responsible or liable to the Bidder for any disclosure of records required by the Act or an order of a court or other tribunal with jurisdiction over the City.

4. Questions:

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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.

https://www.cabq.gov/gender-pay-equity-initiative https://www.cabq.gov/dfa/procurement-division/vendor-services/terms-and-conditions https://www.cabq.gov/dfa/procurement-division/vendor-services/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 in as Attachment A and to the Contract awarded under this RFB by this reference.

5. 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.

Date: 04/30/2026

Time: 1:00PM MST

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6. 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. Reference copies are located in Attachment A and copies for download are available in Bonfire > Public Files.

• Suspension and Debarment Certification (all)

• Lobbying Certification (all)

• Certification of Bidder Regarding Equal Employment Opportunity (all)

7. 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 Family & Community Services Department sponsors the CACFP At-Risk After School Supper Meals Program to provide free hot and cold https://cabq.zoom.us/j/83937299256 https://cabq.zoom.us/meetings/83937299256/invitations?signature=JUBgv8sTCNSXD9OusFaNaMFcIU6mm_wXzNEWkbWjWnQ https://cabq.zoom.us/meetings/83937299256/invitations?signature=JUBgv8sTCNSXD9OusFaNaMFcIU6mm_wXzNEWkbWjWnQ nutritious supper meals and snacks to youth ages 1 to 18 enrolled in eligible After School programs throughout the City of Albuquerque.

An experienced Food Service vendor is needed to provide meal services to participating after school programs according to the following specifications.

2. Minimum Requirements:

1. The Department of Family and Community Services will obtain the Health Permit for inspection prior to award of bid. The Vendor will be required to maintain Health inspections. The City has the right to suspend the contract or pursue the cancellation of the contract if the vendor has any unsatisfactory health inspections or any citations from the 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 services immediately until the problems have been resolved. No payment will be made to the vendor for the period of suspension.

2. Bidder is required to have a minimum of three years’ experience in food service and delivery in order to be considered for an award of this bid.

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

4. If the food service vendor is cited for violations by the Environmental Health Department, the Division of Community Recreation shall be notified in writing of the infraction and any corrective action taken.

5. The City reserves the right to suspend the meal service at any time if there is any question of quality of 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.

6. Any price per supper meal quoted above $3.98 and snack above $1.15 will not be considered.

3. Bid Specifications:

SERVICE

1. Vendor shall provide supper meals, and snacks when requested, at the participating after school program sites listed in Attachment B. Note: Locations may vary in quantity and days served. Operation is based on need.

2. Vendor shall deliver food to each site in a timely manner. Serving times vary by site.

Serving times are subject to change with notice.

3. Vendor shall deliver food to each site in vehicles specifically outfitted for food delivery, with the capacity to keep the food sanitary and at appropriate temperatures.

Milk and other appropriate food must be packed in ice or kept at appropriate temperatures.

4. Meals shall be prepared and delivered fresh daily. Frozen/heat and serve meals are not acceptable. Hot food shall be delivered at a temperature of at least 115 degrees.

Food cannot be re-warmed.

5. Food dishes shall be delivered in some type of appropriate, sanitary, insulated carrying case or mobile cart which will keep the food hot and/or cold at temperatures that meet USDA guidelines.

6. Vendor’s driver or other employee shall deliver the food indoors into the food serving area. Dishes and any other of the vendor’s items left from the previous meal shall be picked up by the driver when delivering the next meal. Food shall not be left on the premises if not received by staff members.

7. Vendor shall provide utensils, bowls, napkins, cups, serving dishes and utensils as appropriate for each meal served. Tableware shall be an appropriate size for school age children.

8. Vendor shall bill only for actual meals provided. Damaged meals, incomplete meals, meals delivered in excess of what is ordered and meals not delivered in a timely manner will not be reimbursed. Meal counts shall be called into the vendor daily by each site. Meal counts may vary. Numbers included in this Request for Bid are estimates.

9. Vendor shall attend the annual Child Adult Care Food Program (CACFP) trainings and the CACFP Cooks Academy training. Vendor shall provide the City the certificate of attendance.

FOOD

10. Vendor shall provide a supper meal and a snack when requested at the sites in accordance with the regulations and guidelines outlined in the following publications:

A. Child and Adult Care Food Program Manual, published by the Family Nutrition

Division, New Mexico Health and Environment Department online at:

https://www.nmececd.org/family-nutrition-bureau-materials-library/

B. Child Care Food Program Menu Record Book for Children 1-12 years, published by Children Youth and Families Department, Preventative Services Division, Child Care Licensing Bureau https://www.nmececd.org/family-nutrition-bureau-materials-library/

11. Vendor is required to keep a Menu Record Book as described in 10B above. This shall show as few deviations as possible from pre-printed menu plans. Substitutions of food shall be kept at a minimum and shall be in same food group.

12. Vendor shall provide food which meets Program Standards of quality and freshness, offering variety, and considering color, texture, and reported likes and dislikes of the consumers as outlined in CACFP Program.

13. The quality of the food shall meet City of Albuquerque standards as well as the Child and Adult Care Food Program standards for portion size and nutritional balance, as outlined in the Program Manual noted in 10A above.

14. Vendor shall abide by Child and Adult Care Food Program regulations for record keeping, menu planning and publications, and for use of appropriate foods as defined by CACFP Program Manual guidelines, as described therein. The City shall not pay for products that result in noncompliance. Noncompliance may result in payment recovery.

15. Vendor shall provide regular records of kitchen inspections to the program, as carried out by the Environmental Inspection Division (EID), and as required by State and City Regulations as described therein.

16. Vendor shall provide a response to this bid in terms of price per meal per child, for comparison purposes to other bids. All costs shall include food, delivery/fuel, and operations in the price per meal.

17. Vendor shall be available for quarterly meetings with the Program Manager or as requested.

18. Payment shall not be made to the vendor for meals which are delivered outside of the agreed upon delivery time. Meals which are spoiled, unwholesome, do not arrive at an acceptable temperature or do not otherwise meet the meal specification requirements contained in the contract may be rejected. The City shall not pay for unacceptable products.

19. The City would like to stick to the stated schedule as much as possible but may agree to some minor negotiation if the vendor cannot meet the late afternoon delivery schedule exactly.

20. Vendor shall prepare a 3-month cycle of menus in accordance with nutritional requirements required and submit them to the Program Manager for approval.

Occasional changes for the sake of variety may be needed. An awarded vendor shall obtain approval of the menus prior to commencing work.

21. It shall be the responsibility of the vendor to make sure that the quantity of food sent will be enough to serve the number of meals required.

22. After serving, all dishes and utensils shall be returned to the insulated food carriers or the cart unwashed. The vendor shall pick up, wash, and sanitize the dishes and carrying containers daily. The dishes from Friday’s meal shall be picked up on Friday afternoon so as not to be left in the centers over the weekend. Unless the meals are pre-sealed packaged then the meals are to be disposed of.

23. No meals are to be saved or reused for consumption. All meals are to be disposed of after the authorized meal serving.

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. The Awarded Bidder shall ship goods and/or provide services in accordance to the agreed upon schedule between department and Bidder (unless otherwise notified by the Awarded Bidder and accepted by the City Requestor, in writing).

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.

1) Email: Accounts.payable@cabq.gov

2) Standard mail: City of Albuquerque, PO Box 1985, Albuquerque, NM, 87103

3) Transcepta: Through the Transcepta Hub or abq.invoices@submit.transcepta.com

5. Estimated Quantities Not an Order:

The City has provided certain historical information or estimated quantities for informational purposes only. By responding to this solicitation, Bidder expressly agrees that it understands and acknowledges that the historical information or estimated quantities are not a commitment by the City to purchase any quantity or amount. The City will place actual orders with Bidder based on current need.

6. Unit Prices:

The unit price for each item offered shall be shown unless otherwise specified. In the case of a discrepancy between the unit price and the extended price, the unit price will govern in determining the price used for evaluation. Unit prices offered should be for the units specified.

7. Delivery Time:

Delivery time stated in the Specifications shall apply. Deviations by the Bidder shall be stated in the comments area or in an uploaded document with the Bid. Time, if stated in number of days, will be consecutive calendar days.

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, followed by the Genera; Terms and Conditions.

mailto:abq.invoices@submit.transcepta.com

ATTACHMENT A

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:

1. Equal Employment Opportunity

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

construction work.

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.

2. Davis Bacon Act

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.

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

construction work

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.

3. Copeland Anti-Kickback Act

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

4. Contract Work Hours and Safety Standards Act

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

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

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.

5. Rights to Inventions Made under a Contract or Agreement

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)

6. Clean Air Act and Federal Water Pollution Control Act

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

7. Debarment and Suspension

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

For all contracts:

1) over $25,000,

2) requiring federal agency approval,

3) for federally required audit

(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.

services, or 4) a subcontract meeting requirement 1 or 2

8. Byrd Anti-Lobbying Amendment

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

9. Procurement of Recovered Materials

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.

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)

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.

10. § 200.216 Prohibition on certain telecommunications and video surveillance services or equipment.

(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

For all contracts https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program 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 users and customers is sustained.

(c) See Public Law 115-232, section 889 for additional information.

(d) See also § 200.471.

11. § 200.322 Domestic preferences for procurements.

(a) As appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

For all contracts

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS – PRIMARY COVERED TRANSACTIONS

The ___________________________________________, certifies to the best of its knowledge and

(Company/Contractor) belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared…