6-26479 Appendix E - Department of Education School Nutrition Program.pdf

Attachment E

GSS26479-FURNITURE

FURNITURE

School Nutrition Program (SNP) The School Nutrition Program (SNP) provides healthy and nutritious meals to children in Delaware. The School Nutrition Program (SNP) is comprised of five sub-programs: National School Lunch Program, School Breakfast Program, Special Milk Program, After School Snack Program and Fresh Fruit and Vegetable Program (FFVP). Contractors providing services to Schools or Agencies procuring goods or services with the SNP shall comply with the requirements in this Attachment.

Buy American Contractor agrees to provide several product options that meet the 7 CFR 210.21(d) Buy American provision and clearly label such product options as “Buy American”. Product options that meet the “Buy American” provision for agricultural commodities include commodities that are either produced in the United States or the final food product is processed in the United States substantially using agricultural commodities (at least 51 percent) that are produced in the United States.

Work Hours and Safety For contracts in excess of $100,000 the Contractor agrees to comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) parts 3702 and 3704, as supplemented by the Department of Labor regulations (29 CFR Part 5):

a) Per 40 U.S.C. 3702 of the Act, each contractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided the worker is compensated at a rate of not less than one and a half time the basic rate of pay for all worked in excess of 40 hours in the work week.

b) Per 40 U.S.C. 3704 no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.

c) Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement.

d) These requirements to not apply to the purchases of supplies or materials or articles ordinarily available on the open market.

Environmental Compliance Contractor agrees to comply with all applicable standards, orders or regulations pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C.

1251-1387) as amended where the contract exceeds $150,000. Contractor agrees to report violations to the Contracting Officer who will notify the Federal awarding agency and the Regional Office of the Environmental Protection Agency.

Anti-Lobbying Pursuant to the Byrd-Anti-Lobbying Amendment (31 U.S.C. 1352), the Contractor agrees to file required certification that it will not, has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an office or employee in connection to obtaining this contract. The certification form can be found at: https://www.state.gov/key-topics-bureau-of-democracy-human-rights-and-labor/lobbying-disclosure-and-certification/. The certification form is incorporated in this Attachment and is required if the Contractor will be providing goods or services under the SNP.

Conservation of Resources The Contractor agrees to opt for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.

Produced in the United States The Contractor shall, as appropriate and to the extent consistent with the law, opt 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).

“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.

“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.

Debarment If placed on any debarment or suspension list, the Contractor must immediately notify the state agency/Local Educational Agency they are contracted with.

USDA Nondiscrimination Statement In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.state.gov%2Fkey-topics-bureau-of-democracy-human-rights-and-labor%2Flobbying-disclosure-and-certification%2F&data=04%7C01%7Cmichael.bacu%40delaware.gov%7C2dfd90078dd9468d938508d90b108036%7C8c09e56951c54deeabb28b99c32a4396%7C0%7C0%7C637552988785691994%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=QoioFXEPnv1%2FCfBBypda49U7r4NsEM5CO18E3z6Po4s%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.state.gov%2Fkey-topics-bureau-of-democracy-human-rights-and-labor%2Flobbying-disclosure-and-certification%2F&data=04%7C01%7Cmichael.bacu%40delaware.gov%7C2dfd90078dd9468d938508d90b108036%7C8c09e56951c54deeabb28b99c32a4396%7C0%7C0%7C637552988785691994%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=QoioFXEPnv1%2FCfBBypda49U7r4NsEM5CO18E3z6Po4s%3D&reserved=0 https://www.usda.gov/sites/default/files/documents/ad-3027.pdf information requested in the form. To request a copy of the complaint form, call (866) 632-9992.

Submit your completed form or letter to USDA by:

1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410;

2. Fax: (202) 690-7442; or

3. Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

mailto:program.intake@usda.gov