2-RFQL-0616-PROC (Food Distributor).pdf

GILA RIVER INDIAN COMMUNITY

REQUEST FOR QUALIFICATIONS

RFQL-0616-PROC

Food Services Distributor(s)

Statement of Qualifications Due: Tuesday, September 2, 2025 @

2:00PM

Submit Qualifications at:

https://gilariver.bonfirehub.com/portal/?tab=openOppurtunities

Table of Contents

SECTION I. ADMINSTRATIVE FORMATION

SECTION II SUBMITTAL INSTRUCTIONS

SECTION III SCOPE OF WORK

SECTION IV SPECIAL CONDITIONS

EXHIBIT A - REQUEST FOR AWARD OF PREFERENCE POINTS

EXHIBIT B - SUSPENSION AND DEBARMENT CERTIFICATION

EXHIBIT C - NON-COLLUSIVE AFFIDAVIT

EXHIBIT D - AUTHORIZATION TO RELEASE INFORMATION

EXHIBIT E – FEDERAL GRANT REQUIREMENTS

Gila River Indian Community RFQL-0616-PROC

Food Services Distributor

SECTION I.

ADMINSTRATIVE FORMATION

A. Purpose:

This Request for Qualifications (RFQL) is meant to provide potential responders with sufficient information to enable them prepare and submit a Statement of Qualifications

(SOQ) for consideration by the Gila River Indian Community’s (the “Community”)

Procurement Department (the “Department”) for providing Community-Wide .

B. Introduction:

The Community is soliciting qualified Food Service Distributors to provide and deliver food to the Community for various Community Departments and Programs.

C. Location:

The Gila River Indian Community is located in Central Arizona in Maricopa and Pinal

Counties. The reservation is south of the Phoenix metropolitan area divided by Interstate

10. The reservation contains approximately 372,000 acres (581 square miles) of which about one third lies in Maricopa County and remainder in Pinal County (Tribally-owned land account for about 26 percent). A majority of the land is held by the Federal

Government in a Trust status. The Tribal headquarters is located in Sacaton, Arizona, which is about 30 miles southeast of Phoenix. The Tribal government is made up of elected officials who consist of a Governor, Lieutenant Governor and seventeen members of the Community Council. For governmental purposes, the Reservation is organized into seven districts.

D. Timeline:

ISSUE DATE: August 5, 2025

DEADLINE FOR QUESTIONS: August 14, 2025 @ 10:00 AM

DEADLINE FOR RESPONSES: August 19, 2025 (Tentative)

SUBMISSION DEADLINE: September 2, 2025 @ 2:00PM

REVIEW AND SELECTION: Through September 12, 2025

APPROX. NOTIFICATION TO VENDORS: September 16, 2025

FOOD SERVICE DISTRIBUTOR

E. Inquiries:

Prospective Distributors may make written inquiries concerning this RFQL to obtain clarification of requirements. No inquires will be accepted after the date and time as specified under Item D. Inquiries should be made through the Bonfire Platform.

Responses will be provided as an addendum and will be posted on the Bonfire platform.

F. Addendum or Supplements to Request for Qualifications:

In the event it becomes necessary to revise any part of this RFQL, an addendum will be posted to the Bonfire: https://gilariver.bonfirehub.com/portal/?tab=openOppurtunities.

Contact Adriana Espinoza if you need instruction on how to access the site. All addendums will be posted after the deadline for questions. It is the responsibility of each

Distributor who received the original RFQL to download and print the addendum(s).

Distributors submitting an SOQ must acknowledge receipt of all issued addendums.

G. SOQ Submission:

Distributors interested in entering into Agreements with the Community should submit an SOQ, which shall include a cover letter introducing the Distributor and explaining its ability to conduct the work. The cover letter must include the name and telephone number(s) of the primary contact for the proposer, with such contact to be available by telephone between 8:00 AM and 5:00 PM Monday through Friday.

SOQ must be received on the Bonfire platform or before the deadline under SECTION

1.D.

H. Propriety Information:

Any restrictions on the use of the data contained within the qualifications must be clearly stated.

I. Response Materials Ownership:

All materials submitted regarding this RFQL will become the property of the Gila River

Indian Community and will only be returned to the Distributor at the Distributor’s request.

J. Incurring Costs:

The Community is not liable for any cost incurred by Distributors prior to issuance of a fully executed contract.

K. Qualification Requirements

Statement of Qualifications (SOQ) shall include the following:

1. Statement of Qualifications providing the following:

(a) Provide your Company’s statement of qualifications to include the following:

i. General information, including company profile, ownership and legal status.

ii. Company history.

iii. Organizational structure.

iv. Years in Business.

v. Details regarding any current or past litigation within the last five

(5) years, and the current status of the litigation.

vi. Provide a description of current/recent customers/projects that are relevant and three client references, to include the Business Name, Individual Name and Title, telephone number and email address.

(b) Outline your Company’s capabilities to complete the requested services to include the following:

i. Outline your Company’s Online order system and other technical capabilities available to the Community.

ii. Describe your organizations availability of personnel.

iii. Provide a detailed description of your Company’s ability to deliver orders in a timely manner.

iv. Identify contact person who will be available and authorized to remedy any non-conformity and response time.

(c) Provide your Company’s proposed markup rate(s). The fee will apply to the wholesale cost of any goods and should be inclusive of all charges for overhead, profit, delivery, etc.

2. Attachment A:

(a) Provide your current wholesale company pricing for each product listed in

Attachment A. Insert any relevant comments or notes, including if you do not carry the product. The pricing shown here will not be considered a Firm price for the contracted year, however will be used to analyze the cost competitiveness of the Company.

(b) Identify any applicable discounts offered to the Community in the notes section.

3. All completed Exhibits, W9, and sample insurance certificate.

L. Selection/Acceptance:

1. The Selection Committee representing the Department will judge the merits of the

SOQ’s received in accordance with the general criteria described herein.

2. The objective of the Selection Committee will be to recommend companies whose

SOQ is most responsive and responsible to the Community’s needs.

3. Each Statement of Qualifications (SOQ) will be evaluated according to the following criteria:

(a) 30 points – Experience with providing food services, especially within the

Gila River Indian Reservation or other tribal communities.

(b) 15 points - Reasonableness of current pricing and fixed markup/percentage.

(c) 15 points – Online ordering and technical capabilities.

(d) 15 points – Delivery capabilities.

(e) 10 points – Location of warehouse and proposed organizational structure.

(f) Request for Award of Preference Points. (must complete attached

Exhibit A)

1. Community-Owned economic enterprises (15 Points);

2. Community Member-owned business (10 Points);

3. Native-owned business (5 points); and

4. Women, Minority Business Owned (5 Points)

M. Award of Agreement/Right to Reject:

Companies recommended by the Selection Committee will be given the opportunity to enter into a “Contractual Agreement” with the Community in the form of a “Master

Agreement”. Orders will be issued in the form of a Community Purchase Order. The

Community reserves the right to reject any and all proposals and to waive informalities and irregularities in proposals received and to accept any portion of any RFQL or all items proposed if deemed in the best interest of the Community.

SECTION II

SUBMITTAL INSTRUCTIONS

A. Qualifications must be received by the date and time specified. The e-Procurement portal clock is the official clock for the determination of all deadline dates and times. Without exception, qualifications will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections.

B. Distributors are solely responsible to ensure timely submission of their bid to the

Community via the eProcurement Portal as given in this solicitation. Qualifications must be uploaded, submitted, and finalized prior to the closing date and time listed in this document. It is strongly recommended that Distributors give themselves sufficient time and at least one (1) day before the closing date to begin the uploading process and to finalize their submissions.

C. The Community assumes no responsibility for failure of any computer or other equipment to deliver all or a portion of the bid at the time and in the manner required by the solicitation. Neither Bonfire nor the Community warrant that access to and use of the

Bonfire website will be free from interruptions or free from errors, nor shall Bonfire or the Community be responsible for any inadvertent disclosure of proposal repository information or any unauthorized access to proposal repository information by third persons.

D. In the case of disruption of electronic communications or loss of services by Bonfire within two (2) hours prior to the deadline for submissions, the Community will delay the deadline to ensure the ability of potential Contractors to submit proposals. If this occurs, instructions will be communicated to known Plan Holders.

E. Failure of a Distributor to provide information required in this SOQL will result in disqualification. The Distributor(s) who has submitted Qualifications that is most cost effective, responsible, and responsive to the Community’s needs and in the best interest of the Community will be recommended for award of the Master Agreement.

F. Submission Modifications: Distributors will have the ability to modify their submission up to the submission deadline listed for this SOQL directly through Bonfire. Any submittal may be withdrawn prior to the scheduled date and time set for the opening by clicking un-submit within Bonfire by the proposer or their authorized agent. No response may be withdrawn after the date and time set for the bid opening.

G. Submittal Format: the following documents must be uploaded as prescribed in Bonfire:

1. Statement of Qualifications (Refer to Section 1, Item K.1)

2. Pricing (Refer to Section 1, Item K.2)

3. Exhibit A, Request for Award of Preference.

4. Exhibit B, Suspension and Debarment Certification

5. Exhibit C, Non-Collusive Affidavit.

6. Exhibit D, Authorization to Release Information.

7. Exhibit E, Federal Grant Requirements

8. W9.

9. Insurance Certificate(s). If award is made, Distributor shall provide an updated certificate which shall meet all requirements listed in this SOQL including the

Community being named as an additional insured.

SECTION III

SCOPE OF WORK

The scope of services includes, but is not limited to, the provision and delivery of listed items in attachment A, and other items available in Vendor’s Catalog, to be provided as needed upon the issuance of a Community Purchase Order. Distributors shall provide current wholesale pricing for all available items in the listing attached as Attachment A, and note any discount offered to

GRIC (subject to final negotiations and acceptance). If awarded a contract, the fixed markup percentage provided and accepted in the Statement of Qualifications shall remain the same throughout the term of the contract and through any contract renewal periods. The

Awarded Vendor(s) shall provide pricing in compliance with the wholesale price plus the accepted fixed markup rate. The fixed markup rate shall be inclusive of all administrative fees, overhead, profit, delivery charges, etc.

Food Distributors will deliver food service products to, including but limited to, the following

Community Departments:

Department of Rehabilitation and Supervision (District 3)

Elderly Nutrition Program (District 3)

Residential Youth Program (District 3)

Domestic Violence Shelter (District 3)

Multiple contracts may be awarded. Contracts may be awarded to vendors to cover a specific commodity such as dairy, meat/seafood, frozen goods, packaged goods, beverages, paper products, produce, etc. One vendor may be awarded multiple commodities if it is most beneficial for the Community.

VOLUME: In CY2024, GRIC purchased approximately $1,200.000 in food products. This information is provided for information purposes only and should not be used as an assumption of the level of use for any one vendor, since multiple awards may be made.

Services include but are not limited to the following:

DELIVERY:

1. Provide food products and related items for use by Community Departments.

Specific delivery instructions shall be provided on Purchase Order issued by the

Community. Multiple Departments will be able to utilize the Master Agreements.

2. Order sizes will vary.

3. Deliveries shall be made as specified on Purchase Order. The Community reserves the right to reject any changes in the time and days of delivery.

4. Provide successful delivery rate of at least 98% of items ordered.

5. Refrigerated foods must be stored between 32-40̊ F, and be delivered in a refrigerated vehicle and received at or below 40̊ F. Frozen foods must be delivered in a vehicle that has a freezer and received in frozen state with no signs of refreezing. All goods must be delivered in a good condition. Dry goods will be dry, with the cartons clean and intact.

6. In the event that questions arise concerning the acceptable quality of an item offered or delivered, the Community will make the final decision as to acceptability of the product. If the Community rejects a substituted brand of an item, the Community will specify one or two acceptable brands. The Community shall not be responsible for cost differentials of substituted items.

7. If the Distributor can’t deliver an item that has been ordered, the Distributor shall purchase the item from another source and deliver to the Community, without additional cost, by the time specified by the Community.

8. The Distributor shall comply with Community requirements specific to delivery, quality and volumes of the items quoted. Deliveries must be made during business hours.

9. In the event the wrong product is delivered due to Distributor negligence, Distributor must quickly correct the issue and shall be responsible for any courier fees associated with same/next day delivery.

PRODUCT:

1. Pack size changes will be allowed if product meets Community specifications. Pack size differences shall be clearly marked in the proposal response. Changes must be notified to the Community within 24 hours.

2. All products shall meet or exceed the requirements of USDA Grade A specifications.

Products shall meet the standard of quality and sanitation of the State Department of

Health, the State Department of Agriculture, and all other federal, state and local regulatory agencies, as shall cartons and containers. In no case will items below the minimum standards sold commercially be accepted.

3. Provide nutritional information and ingredients for all provided products upon the

Community’s request.

PRICING:

1. All prices shall be at wholesale price, with a fixed markup. Markup will be effective for up to three fiscal year periods.

2. Prices shall reflect cost plus handling fee, transportation fee, discounts, rebates, promotional allowances or manufacturer rebates, if applicable.

TECHNOLOGY:

1. The Community prefers online ordering but it is not a requirement.

2. Distributor should notify Community of any benefits it can provide, such as reporting on product use, pricing, menus and recipes.

ORDERS:

1. Maintain a toll-free number for ordering, inquiries and customer service.

2. Notify the Community if an item isn’t available at the time an order is placed and present option of replacement item or estimated delivery date for back-ordered item.

3. Replacement items must be of equal or better quality.

4. If the Community isn’t satisfied with the quality of a replacement item, the

Community has the right to return the item. The Community will not incur any cost for return of the item.

REPORTING:

1. Provide quarterly reports to Procurement, to include the following information:

a. Overall spend

b. Top 25 items

2. Provide additional reports to the Community upon request.

SECTION IV

SPECIAL CONDITIONS

A. Contract Requirements:

The Community will require the selected Distributor(s) to execute a Master Agreement with the Community. No work shall commence until the Community and the selected

Distributor(s) sign both the contract document(s) for the Master Agreement and issued a Purchase Order, and the contractor provides the necessary evidence of insurance as required. At the sole discretion of the Community, if negotiations are not likely to lead to an executed contract, the Community reserves the right to terminate negotiations with the selected Distributor.

1. The contract period shall commence upon execution of a Master Services

Agreement and terminate September 30, 2026. Master Services Agreement may be renewed for two (2) additional one year periods at the sole discretion of the

Community.

2. The Community reserves the right to terminate the services of a Distributor which is perceived by the Community to be ineffective, unresponsive, incompetent, or who withdraws proposed key personnel without substitution of comparably qualified personnel, as determined by the Community at its sole discretion.

3. Only the contract will govern the relationship between the contractor and the

Community; no other supplemental legal agreements will be considered by the

Community or requested by the Distributor during the term of agreement.

4. The Community shall issue Purchase Orders to the Distributor for items to be purchased by and delivered to the Community.

5. The Community makes no guarantee of the level of use of service.

6. Payments to the Distributor will be made as follows: Payment will be paid on a monthly basis within 30 days AFTER the Community receives and approves the invoice submitted for payment.

All invoices should be emailed to APInvoices@gric.nsn.us and addressed to

Accounts Payable at PO Box 2160, Sacaton, AZ 85147.

All invoices should identify the corresponding Purchase Number.

7. Insurance mailto:APInvoices@gric.nsn.us

a. The Distributor shall procure, pay for, and maintain in full effect with an insurance company or companies and under policies of insurance that are acceptable to the Community as follows.

1) Workers Compensation and Employer’s Liability Insurance with the minimum limits required by and in full compliance with the state

Workmen’s Compensation and Employer’s Liability Law.

2) Commercial General Liability Insurance with minimum limits of

$1,000,000 per occurrence and $2,000,000 general aggregate (on a most current ISO CGL form or its equivalent, including without limitation, broad form contractual liability, bodily injury, property damage, fire legal liability, and products and completed operations coverage) under which the Community shall be named as additional insureds. This policy shall be written or endorsed to include the following provisions:

• The Community, shall be named as additional insureds.

• Waiver of subrogation as set forth herein below.

• AM Best Rating of A-8 or better.

• No Claims Made Policy forms acceptable on commercial general liability policy.

• An endorsement providing limited coverage with respect to property under the care, custody and control of the

Distributor.

3) Automotive insurance shall cover all vehicles used in connection with the contract, with minimum of $1,000,000 combined single limits.

4) The Distributor shall provide the Community with insurance coverage, with the minimum limits set forth in the aforementioned paragraphs, by naming the Gila River Indian Community as an additional insured.

5) Waiver of Subrogation- To the extent permitted by law and without affecting the coverage provided by insurance required to be maintained hereunder, the Distributor waives any right to recover against the Community on account of any and all claims

Distributor may have against the Community with respect to any loss or damage insured against under the insurance actually carried to the extent of the proceeds realized had the insurance required hereunder been carried by the Distributor. The Distributor agrees immediately after execution of this Agreement to give each insurance company, which has issued to it policies of insurance, written notice of the terms of the mutual waivers contained in this paragraph, and if necessary, to have the insurance policies properly endorsed.

6) The Distributor will also provide Gila River Indian Community with a copy of the additional insured endorsement along with any other requested coverage forms demonstrating that the insurance policy complies with the requirements of this Section.

7) The Distributor agrees that its failure to obtain or maintain the insurance required by this Section, or to provide a satisfactory

Certificate of Insurance, shall be deemed to be a material breach of this Agreement and shall entitle Gila River Indian Community to cancel this Agreement and/or recover damages at its election.

8) It is understood and agreed that the insurance coverage and limits, required above, shall not limit the extent of the Distributor’s responsibilities and liabilities specified within the contract documents or by law.

9) It is understood and agreed that authorization is hereby granted to

Gila River Indian Community to withhold payments to the Distributor until a properly executed Certificate of Insurance providing insurance as required herein, accompanied by a signed Agreement is received by Gila River Indian Community.

10) The Distributor agrees that any contract it enters into with a lower tier sub-Distributor for the performance of any aspect of Distributor’s work under this Agreement, shall expressly bind such other

Distributor to this language and the requirements herein, making such obligations applicable to the other Distributor(s) to the same extent as the Distributor.

11) The Distributor shall also require its lower tier sub-Distributor(s) to likewise bind and obligate any additional lower tier with which it contracts for any portion of the work under this Agreement. This purpose of this provision is to require any lower tier Distributors, regardless of level, to provide the insurance and indemnity required by this Agreement.

B. Choice of Law and Compliance with Community Laws and Ordinances:

It is the intention of the parties that performance of the terms of the Agreement shall be in accordance with and pursuant to the laws of the Gila River Indian Community and that any action, special proceeding or other proceeding that may arise from, in connection with or by reason of this Agreement shall be resolved pursuant to the laws of the Gila River Indian Community and exclusively in its courts. Nothing in the

Agreement, or in any related exhibit, document or undertaking, shall be construed as affecting, modifying or otherwise impairing the sovereign immunity of the Community or any of its affiliates, entities, enterprises or subdivisions.

The Distributor agrees to comply with all applicable laws and ordinances of the

Community and United States including, but not limited to, obtaining or maintaining a business license pursuant to GRIC Code, Title 13, Chapter 2. The Distributor is aware of the Community’s Sex Offender Registration and Notification Ordinance and will provide notice of the ordinance to its employees, and any contractors or any subcontractors who will perform work within the exterior boundaries of the Gila River

Indian Reservation.

C. Authorization to Proceed

The execution of a Master Agreement does not, in and of itself, constitute an authorization for a Distributor to proceed with services. The Master Agreement’s “not to exceed amount” is not an agreement guaranteeing any level of purchasing. All purchases must be authorized with the issuance of a Purchase Order.

D. Ownership of Work Product

The Distributor agrees that all documents or other work product generated on behalf of the Community in connection with any Agreement are property of the Community.

E. Confidentiality

The Distributor agrees that neither they nor their agents or representatives shall communicate, whether in writing or verbally, any information concerning work performed in connection with the Agreement except in strict compliance with the terms and conditions of an express authorization by the Community Governor, the Lieutenant

Governor, or the General Counsel of the Community.

F. Indemnification

The Distributor shall indemnify, defend, protect and hold the Community, and its employees, directors, agents, representatives and assigns harmless from and against any and all actions, causes of action, demands, liabilities, losses, damages, injuries, costs, or expenses of whatever kind in nature, including attorney’s fees and reasonable expenses incurred in connection with the Agreement, to the extent arising or resulting from, caused by or pertaining to the negligent or neglectful acts and/or willful misconduct of the

Distributor, its consultants, employees, directors, agents, representatives and assigns, unless the damage or liability is caused by negligence or willful misconduct of the

Community and by no other cause. The Parties will agree to notify each other immediately upon the making of any claim or institution of litigation giving rise to the

Distributor’s obligation of indemnity under the Agreement. Notwithstanding the provisions of the Agreement, no claim or litigation which is based in whole or in part upon allegations arising from activities undertaken pursuant to the Agreement shall be settled by the Distributor without the advance written approval of the Community.

G. Taxation

Distributor is aware that in Central Machinery Co. v. Arizona State Tax Commission, 448

U.S. 160 (1980), the United States Supreme Court held that goods delivered on an Indian

Reservation to an Indian tribe or individual tribal member are not subject to state or city sales tax and that A.R.S. §42-5122 exempts certain tribal activities from Arizona’s

Transaction Privilege Tax (“TPT”), including contracting activities occurring on a

Reservation for an Indian tribe and sales of property to an Indian tribe if the property is ordered from and delivered to an Indian Reservation. The exemptions from Arizona’s

TPT are outlined in Arizona Transaction Privilege Tax Ruling TPR 22-1. For transactions that fall within the scope of Arizona’s tax exemption, the Community will cooperate with

Seller’s request for appropriate documentation in order that the Seller may respond to inquiries from the Arizona Department of Revenue.

EXHIBIT A - REQUEST FOR AWARD

OF PREFERENCE POINTS

Bidder’s Name: Date:

Please Print

Signature

RFQL Name: Bid #:

This Request for Qualifications is not restricted to Native American Distributors; however, Native

American preference will be given to qualified Native American Distributors. The prospective

Distributor agreement is subject to cancellation for failure to comply with Native American preference requirements.

The above signed certifies under oath the truth and correctness of all answers to questions made hereinafter:

1. Distributor wishes to qualify for preference for one of the following (circle one):

A. Gila River Indian Community-owned economic enterprises

B. Gila River Indian Community member-owned enterprises , provided that such Native

American ownership shall constitute not less than fifty-one percent (51%) ownership of the enterprise and that ownership shall encompass active operation and control of the enterprise.

C. Enrolled member(s) of a Native American tribe, provided that such Native American ownership shall constitute not less than fifty-one percent (51%) ownership of the enterprise and that ownership shall encompass active operation and control of the enterprise.

D. Women, Minority Business Owned

2. Attach list of names for preference, their certification by a tribe or other evidence of enrollment in a federally recognized Native American tribe, as well as evidence of ownership and percentage of Indian ownership in corporation or enterprise of those claiming preference.

Based on evidence provided, Distributor may be requested to provide additional information.

NOTES:

I. Omission of any information may be cause for this statement not receiving timely and complete consideration.

II. The person signing above certifies that all information in this REQUEST FOR QUALIFICATIONS and the

REQUEST FOR AWARD OF NATIVE AMERICAN PREFERENCE, including exhibits, is true and correct.

EXHIBIT B - SUSPENSION AND

DEBARMENT CERTIFICATION

As a matter of its own internal policy, the Community follows Federal Law (A-102 Common Rule and

OMB Circular A-133) which prohibits non-federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or which principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub-recipients).

Additionally, the Community does not hire, contract with, or otherwise do business, either directly or indirectly, with contractors or individuals, which have been debarred, suspended, or subjected to a Limited

Denial of Participation (LDP) by the U.S. Government.

Before an award of $25,000 or more can be made by your Distributor, you must certify that your organization and its principals are not suspended, debarred or LDP’d by a federal agency.

I, the undersigned agent for the Distributor named below, certify that neither this Distributor nor its principals are suspended or debarred by a federal agency.

VENDOR’S NAME: ______________________________________________________

Signature of Company Official: ______________________________________________

Date Signed: _________________________________________

Printed name of company official signing above: ________________________________

EXHIBIT C - NON-COLLUSIVE

AFFIDAVIT

State of )

County of )

, being first duly sworn, deposes and says:

That he is, the party making the foregoing proposal for bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not, in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Owner or any person interested in the proposed contract, and that all statements in said proposal for bid are true.

Project No.

Location

Signature

Name and Title

Date

(Signature shall be notarized.)

Subscribed and sworn before me this day of , .

Notary: Seal:

EXHIBIT D - AUTHORIZATION TO

RELEASE INFORMATION

The undersigned hereby authorizes and request any person, Distributor or corporation to furnish any information requested by the Community, in verification of the recitals comprising this Statement of

Qualification.

Dated this day of 20___

(Name of Responder)

By:

(Signature of Responder’s Representative)

(Title)

EXHIBIT E – FEDERAL GRANT

REQUIREMENTS

The vendor agrees to comply with all applicable federal, state, and local laws and regulations, as well as any additional statutory and administrative requirements according to their terms. These requirements may include, but are not limited to the following:

Additional Provisions Required under Federal Law:

This is a federally funded project and as such, the Firm must comply with the following provisions:

1. Equal Employment Opportunity.

(a) The Firm will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, (collectively referred to as “Executive

Orders”).

(b) The Firm will furnish all information and reports required by the Executive Orders and by rules regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(c) Compliance with the requirements of this clause shall be to the maximum extent consistent with, but not in derogation of, compliance with section 7(b) of the Indian Self-Determination and

Education Assistance Act and the Indian Preference clause of this contract and the Tribal

Employment Rights Ordinance of the Gila River Indian Community.

(d) The above-referenced provisions apply except where they conflict with Sections 701(b)(1) and

703(i) of Title VII of the Civil Rights Act of 1964, 73 Stat. 253-257, 42 U.S.C. § 2000e-2(i), which pertains to Indian Tribes and to preferential treatment given to Indians residing on or near a reservation or other applicable laws which exclude applicability to Indians or Indian reservations.

In addition, the above-referenced provisions, and the provisions of the Contract Documents, shall be construed in a manner consistent with applicable provisions of the Gila River Indian Community

Law and Order Code, and if any such provision conflicts with a provision of the Gila River Indian

Community Law and Order Code, then the provision of the Gila River Indian Community Law and

Order Code shall govern.

2. Compliance with Copeland Act Requirements.

The Firm shall comply with the requirements of the Copeland “Anti-kickback” Act (18 U.S.C. 874) as supplemented by 29 CFR Part 3, which are incorporated by reference into this Agreement.

3. Compliance with the Contract Work Hours and Safety Standards Act.

As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.

(a) Overtime requirements. No Firm 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.

(b) Violation; liability for unpaid wages, liquidated damages. In the event of any violation of the clause set forth in subparagraph (b) of this paragraph, the Firm and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Firm and subcontractor shall be liable to the

United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), 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 subparagraph (a) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (a) of this paragraph.

(c) Withholding for unpaid wages and liquidated damages. The Community, or its designee 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

Firm or subcontractor under any such contract or any other Federal contract with the same prime

Firm, or any other Federally-assisted contract subject to the Contract Work Hours and Safety

Standards Act, which is held by the same prime Firm such sums as may be determined to be necessary to satisfy any liabilities of such Firm or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b) of this paragraph.

4. Retention, Access to Records.

(a) The Community, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Firm’s directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions.

(b) The Firm agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. “Subcontract,” as used in this clause, excludes purchase orders not exceeding $10,000.

(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) proceedings under the disputes provisions of the Service Agreement, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the Community, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions.

I, the undersigned agent for the Firm named below, certify that this document has been reviewed and accepted.

FIRM’S NAME: __________________________________________

Signature of Business Official: _____________________________________

Printed name of Business Official signing above: ____________________________

Date Signed: _______________________________