CTR078757_Contract_Documents.pdf

CTR078757

October 1, 2025

16th September 25

Solicitation Requirements Request for Proposal (RFP)

Solicitation No.: BPM006706

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

RFP Solicitation Requirements (09-24) Available Online at https://app.az.gov Page 2 of 66

Table of Contents

Section Page

Scope of Work

Special Terms and Conditions

Uniform Terms and Conditions

Exhibit A - Service Delivery Area

Exhibit B - Contractor’s Equipment List

Exhibit C – TEFAP Itemized Service Budget (ISB)

Exhibit D - Certification of De Minimis

Exhibit E – Food Distribution Monthly Statistical Report

Exhibit F – TEFAP Commodity Inventory Report

Exhibit G – Public USDA Foods Distribution Site List

Exhibit H – CSFP Itemized Service Budget

Exhibit I – CSFP Commodity Inventory Report

Exhibit J – Monthly Report of the Commodity Supplemental Food Program and Quarterly Administrative Financial Status Report

Exhibit K –CSFP Monthly Quantity on Hand Report

Exhibit L - CSFP Caseload Breakout by County Report

Exhibit M - CSFP Monthly Waitlist https://app.az.gov/

Scope of Work

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

RFP Solicitation Requirements (09-24) Available Online at https://app.az.gov Page 3 of 66

Scope of Work

1. ADES Mission and Vision Statements

1.1 ADES Mission: To strengthen individuals, families, and communities for a better quality of life.

1.2 ADES Vision: A thriving Arizona.

2. Purpose

2.1 Purpose Statement: This service aims to maximize the coordination and provision of regional food bank warehouse operational activities for storage and distribution for The Emergency Food Assistance Program (TEFAP) and The Commodity Senior Food Program (CSFP). Contractors will facilitate services by providing one or both of the following programs:

2.1.1 The Emergency Food Assistance Program (TEFAP) is administered by the Food and Nutrition Service (FNS), an agency of the U.S. Department of Agriculture (USDA) to supplement the diets of low-income individuals by providing them with emergency food at no cost in the forms of food packages and meals served at congregate feeding sites (soup kitchens).

2.1.2 The Commodity Senior Food Program (CSFP) is administered by the Food and Nutrition Service (FNS), an agency of the U.S. Department of Agriculture (USDA) to serve individuals who are low-income, sixty (60) years of age or older, and are at 130% Federal Poverty Level (FPL) by supplementing their diets with a monthly package of nutritious food at no cost.

2.2 Legal Authority: A.R.S. §41-1954 provides the Department the authority to contract and meet obligations within the general scope of its activities and operations.

2.3 Projected Awards: ADES reserves the right to make one or multiple awards when determined to be in the best interest of the State.

2.3.1 The anticipated contract effective date is July 1, 2025 with an end date of June 30, 2026, with extension options in accordance with the Special Terms and Conditions.

2.3.2 For the purpose of statewide coverage, ADES intends to make a single award for each Service Delivery Area (SDA), as specified in Section 2.3.3 below.

https://app.az.gov/ https://des.az.gov/emergency-food https://des.az.gov/senior-food-program

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

RFP Solicitation Requirements (09-24) Available Online at https://app.az.gov Page 4 of 66

2.3.3 Service Delivery Area’s

TEFAP Service Delivery Area's CSFP Service Delivery Area's Maricopa County consists of three (3) SDAs, divided by zip code as specified in Exhibit A:

Each of the following counties represent a SDA:

SDA1 – Maricopa County- Region A SDA 1 - Apache County;

SDA2 – Maricopa County- Region B SDA 2 - Cochise County;

SDA3 – Maricopa County- Region C SDA 3 - Coconino County;

In the event a zip code extends into an area outside of Maricopa County, that region will be serviced by the specified County(ies).

SDA 4 - Gila County;

SDA 5 - Graham County;

Each of the following counties represent a SDA: SDA 6 - Greenlee County;

SDA 4 - Apache County; SDA 7 - La Paz County;

SDA 5 - Cochise County; SDA 8 – Maricopa County;

SDA 6 - Coconino County; SDA 9 - Mohave County;

SDA 7 - Gila County; SDA 10 - Navajo County;

SDA 8 - Graham County; SDA 11 - Pima County;

SDA 9 - Greenlee County; SDA 12 - Pinal County;

SDA 10 - La Paz County; SDA 13 - Santa Cruz County;

SDA 11 - Mohave County; SDA 14 - Yavapai County; and

SDA 12 - Navajo County; SDA 15 - Yuma County.

SDA 13 - Pima County;

SDA 14 - Pinal County;

SDA 15 - Santa Cruz County;

SDA 16 - Yavapai County; and

SDA 17 - Yuma County.

2.4 Projected Utilization:

2.4.1 The ADES anticipates that TEFAP will serve approximately 750,000 unique individuals annually.

2.4.2 The ADES anticipates that the CSFP, at a minimum, will distribute approximately 34,300 Caseloads statewide on a monthly basis, which may be adjusted based on federal Caseload allocation.

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

RFP Solicitation Requirements (09-24) Available Online at https://app.az.gov Page 5 of 66

2.5 Funding: Fund sources that support these services may include Federal and State Funds and others as may be available. Funding will be allocated based on availability. Funding allocations for Contractors will be determined upon award and by ADES in the best interest of the State.

3. Service Description

3.1 Taxonomy Definition: Hunger - Services provide the availability of food to individuals and families in need and allow for coordination of various organizations to distribute the necessary food. Services may include but are not limited to: food administration and coordination.

3.2 Actual Service Description: TEFAP and CSFP services are intended to assist low-income individuals in supplementing their diets with nutritious USDA foods at no cost.

3.2.1 TEFAP services provide coordination, storage, handling and distribution of emergency food purchases using USDA resources to provide 100% American-grown USDA foods.

ADES requires Contractors to utilize non USDA donated products, produce, and other foods purchased by Regional Food Banks to assist in supplementing the TEFAP packages.

3.2.2 CSFP services provide coordination, storage, handling and distribution of food packages to improve the health of low-income persons who are at least sixty (60) years of age by supplementing their diets with nutritious USDA Foods. Through CSFP, USDA distributes both food and administrative funds to participating states. CSFP food packages are prescribed by the USDA and may not provide a complete diet, but rather are good sources of the nutrients typically lacking in the diets of low-income persons.

3.3 Background:

3.3.1 Historically, ADES has contracted with four (4) Regional Food Banks (RFBs) to ensure the equitable distribution of TEFAP statewide through agreements with Local Food Banks, Food Pantries, and Congregate Meal sites. ADES used historical data, GIS mapping, poverty data, and unemployment data to establish the distribution model of the regions.

Congress authorizes TEFAP through the Hunger Prevention Act of 1988 and the Farm Bill.

3.3.2 Historically, ADES has contracted with two (2) Regional Food Banks (RFBs) to ensure the distribution of CSFP statewide through agreements with Local Food Banks and Food Pantries. ADES used historical data, GIS mapping, poverty data, and unemployment data to establish the distribution model of the regions. CSFP is authorized under the Section 4(a) of the Agriculture and Consumer Protection Act of 1973.

4. Definitions

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

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4.1 Arizona Food Bank Network (AzFBN) is an association that has partnered statewide since 1984 to alleviate hunger in Arizona, with the vision of a hunger-free Arizona and mission to make a difference for people experiencing poverty.

4.2 Caseload: The total number of individuals that may be served a CSFP food package on a monthly basis.

4.3 Commodity Senior Food Program (CSFP): Arizona’s name for the USDA Food and Nutrition Services Commodity Supplemental Food Program. CSFP works to improve the health of low-income persons 60 years of age and older by supplementing their diets with nutritious USDA Foods at no cost. Through CSFP, USDA distributes both food and administrative funds to participating States.

4.4 Congregate Meal Sites/Soup Kitchens: Public and charitable institutions that maintain an established feeding operation to provide food to individuals in need on a regular basis as an integral part of their normal activities. Examples include dining halls, shelters for battered women and children, run-away children, and/or individuals and families experiencing homelessness.

4.5 Participant:

4.5.1 CSFP: Individuals who reside in the contracted service area of Arizona, are sixty (60) years of age or older, and whose household income does not exceed one hundred and thirty percent (130%) of the current designated FPL.

4.5.2 TEFAP: Individuals and households that reside in the contracted service area of Arizona with household income that does not exceed one hundred and eighty-five percent (185%) of the current designated FPL.

4.6 Feeding America: The nation's leading domestic hunger-relief charity. Food bank membership in Feeding America benefits the food bank network by providing oversight to members and implementing proven programs that uphold the highest standards for food safety, fiscal responsibility, and efficiency.

4.7 Key Staff: Program management and staff who are essential to carry out the work of the program, including submitting reports and invoices relating to the resulting contract.

4.8 Regional Food Bank (RFB): Also known as Eligible Recipient Agency (ERA) is a nonprofit organization as defined by 7 U.S.C. 7501(3), and an emergency feeding organization that provides food to Recipient Agencies (distribution sites), with programs that provide food directly to recipients in a Hunger Relief Program (HRP) defined region. It has the ability to store large amounts of dry, cold, and frozen foods in addition to the equipment required for necessary support. It may also provide food directly to Participants.

4.9 Recipient Agency: A Distribution Site (e.g. emergency feeding organizations, food pantries, Congregate Meal Sites, senior centers, etc.) that receives federal foods provided by a pass-through entity to carry out a part of a Federal program.

https://uscode.house.gov/view.xhtml?path=/prelim@title7/chapter102&edition=prelim

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

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4.10 Statewide Produce Logistic Task Force (SPLTF): Also known as Logistics Task Force teams that AzFBN bring together from each food bank to efficiently share produce among each other and transport as quickly as possible.

4.11 The Emergency Food Assistance Program (TEFAP): A federal program that helps supplement the diets of low-income individuals and families by providing emergency food assistance at no cost. The U.S. Department of Agriculture (USDA) provides 100% American-grown USDA Foods.

4.12 Additional definitions are available in The Emergency Food Assistance Program (TEFAP) Policies and Procedures Manual and The Commodity Senior Food Program (CSFP) Policies and Procedures Manual https://des.az.gov/documents-center under Hunger Relief category, as may be amended.

5. General Requirements

The Contractor shall:

5.1 Comply with all USDA regulations contained in 7 CFR Parts 250, 251, 253 and 254 and all Final Rules, Instructions, and Policy Memorandums for the USDA Food Distribution Programs.

5.2 Provide all services in a culturally relevant and linguistically appropriate manner for the population to be served.

5.3 Establish and maintain membership in good standing with the AzFBN, and Feeding America, and AIB International.

5.4 Participate in a minimum of four (4) Hunger Advisory Council (HAC) meetings throughout the year.

5.5 Participate and facilitate communication within the Hunger Relief Network to create an optimal statewide food bank network to reduce hunger throughout the state.

5.6 Coordinate and participate with the network members of AzFBN and SPLTF to decrease distribution costs, maximize the emergency food available, and equalize the distribution of emergency food across the state.

5.7 Ensure Vivery, Link2Feed and Public USDA Distribution Site databases are being utilized and maintained by RFBs and Recipient Agencies to map distribution sites statewide.

5.8 Comply with all municipal, county, state, and federal licensure and food storage requirements related to shipping and handling, food safety, and methods of distribution.

5.9 Maintain office and adequate warehouse space, to receipt, store, and distribute dry, refrigerated, and frozen USDA foods for the service area.

https://des.az.gov/documents-center

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

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5.10 Utilize backup and recovery procedures for computer systems to ensure no inventory data is lost, and no disruption or degradation of services occurs.

5.11 Record and track inventory received and disbursed by product type, cases and/or pounds, and destination utilizing a computer-based tracking system.

5.12 Ensure that USDA Foods are stored and maintained to allow for proper ventilation, with USDA Foods stored off the floor and away from walls.

5.13 Be responsible for any loss resulting from improper distribution, improper storage, care, or handling of USDA Foods per; 7 C.F.R 247.4(b)(3).

5.14 Ensure to follow first in-first out inventory practices.

5.15 Ensure proper pest control measures are in place.

5.16 Ensure that the Client Grievance Policy is being followed in accordance with the TEFAP and CSFP Policies and Procedures Manuals.

5.17 Establish an active partnership and maintain Recipient Agency (aka distribution site or agency) data with Vivery.org. TEFAP/CSFP distribution site/agency information must, at a minimum, include the distribution site/agency name, distribution address, dates and times of TEFAP/CSFP distributions(s), and public contact information.

5.17.1 Contractor shall ensure a partnership with Vivery.org. is established within thirty (30) days of contract award.

5.18 Utilize other tracking systems and/or software as directed by ADES.

5.19 Identify, recruit, and onboard Recipient Agencies sufficient to ensure the sustainability in providing program services for the SDA.

5.20 Train all Recipient Agencies on policies, laws and regulations, food bank management, food safety, marketing, fundraising, logistics and warehouse operations annually.

5.21 Ensure civil rights training is completed annually by Key Staff and all individuals who regularly interact with program applicants and Participants or determine eligibility.

5.22 Ensure there is sufficient staff, training, and facilities to meet distribution requirements.

5.23 Maintain documentation verifying that Key Staff has received appropriate training or hold appropriate certification/licensure in accordance with job descriptions.

5.24 Ensure all Recipient Agencies complete and sign the Annual USDA (HRP-1040A).

5.25 Ensure Link2Feed database is being utilized.

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

RFP Solicitation Requirements (09-24) Available Online at https://app.az.gov Page 9 of 66

5.26 Ensure accurate Participant information is entered in Link2Feed at time of distribution.

5.27 Ensure current income guidelines are posted where it is visible to individuals.

5.28 Conduct monthly inventories and submit necessary reports.

5.29 Conduct public relation activities and information exchanges with Recipient Agencies, organizations, businesses, and individuals related to hunger issues.

5.30 Share current and essential information about various hunger-related topics with all Recipient Agencies in the service area.

5.31 Provide leadership and technical assistance to the Recipient Agencies as needed.

5.32 Ensure that no shared maintenance fees are charged to Recipient Agencies for services provided under this contract.

5.33 Conduct annual onsite monitoring of all Recipient Agencies.

5.34 Notify ADES Contract Specialist in writing within seven (7) calendar days of any changes in Key Staff relating to this contract.

5.35 Document and maintain all back-up documentation for all expenses as directed in the Special Terms and Conditions Section 39, Records.

5.35.1 Ensure compliance with all regulations, including the Standards for Documentation of

Personnel Expenses including time and effort as outlined in §200.430.

5.36 Ensure expenditures are allowable, allocable, and reasonable as required under 2 CFR Part

200.430. Verify all purchases, expenses, and expenditures comply with the allowable costs established by the USDA regulations.

5.37 Not purchase equipment that exceeds $5,000 without written approval from ADES.

5.37.1 If the Contractor is authorized to purchase Equipment, it shall be itemized in the contract for utilization in the delivery of services.

5.37.2 If Equipment is purchased as authorized by this Contract, the Contractor shall maintain complete and up-to-date inventory records for all Equipment purchased hereunder utilizing the Contractor’s Equipment List (Exhibit B) and submit to ADES.

5.37.2.1 Equipment specifically designated within this Contract, to be purchased in whole or part with the ADES funds, shall be reported in accordance with ADES inventory policies and procedures. The Contractor shall report Equipment purchased with contract funds to the ADES within thirty (30) days of purchase, perform an annual inventory of all Equipment purchased with ADES funds, and submit the Equipment inventory form to the Department https://app.az.gov/ https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.430#p-200.430(i) https://www.ecfr.gov/current/title-2/part-200/section-200.430 https://www.ecfr.gov/current/title-2/part-200/section-200.430

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

RFP Solicitation Requirements (09-24) Available Online at https://app.az.gov Page 10 of 66 person designated to receive notices.

5.38 Maintain full and accurate record of operations under this agreement and retain such records for a period of (5) years after the end of the federal fiscal year to which they pertain unless such records are part of an unresolved audit, which thereby extends the five (5) year period.

6. The Emergency Food Assistance Program (TEFAP)

6.1 The Emergency Food Assistance Program (TEFAP) Requirements:

The Contractor shall:

6.1.1 Adhere to The Emergency Food Assistance Program (TEFAP) State Plan, located at:

https://des.az.gov/documents-center under the Hunger Relief category, as may be amended.

6.1.2 Adhere to The Emergency Food Assistance Program (TEFAP) Policies and Procedures Manual, located at: https://des.az.gov/documents-center under the Hunger Relief category, as may be amended.

6.1.3 Develop, update, and utilize a policy and procedure manual related to the service(s) that includes a description of the population served, how the service is delivered, inventory management, policies and practices related to Recipient Agencies, and recipient eligibility determination. Provide a copy of the policy and procedure manual to ADES upon request.

6.1.4 Solicit, receive, store/warehouse, and distribute emergency food within the service area.

6.1.5 Utilize The Emergency Food Assistance Program (TEFAP) State Plan, as may be amended, to distribute Emergency Food to recipients and Recipient Agencies located at https://des.az.gov/documents-center under the Hunger Relief category. Ensure equity in the number of pounds of food distributed per person in each service area annually according to The Emergency Food Assistance Program (TEFAP) Policies and Procedures Manual.

6.1.6 Maintain and utilize the ADES required Link2Feed database, or as directed by ADES, to collect essential data for reporting as outlined in The Emergency Food Assistance Program (TEFAP) Policies and Procedures Manual.

6.1.7 Ensure equity in the number of pounds of food distributed per person in each service area annually according to The Emergency Food Assistance Program (TEFAP) Policies and Procedures Manual.

6.1.8 Ensure that TEFAP food is distributed in fair share proportions per household size. A household of four should receive proportionally twice that of a household of two.

6.1.9 Develop and conduct an annual program Participant survey January through June which includes the required components outlined in The Emergency Food Assistance Program https://app.az.gov/ https://des.az.gov/documents-center

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

RFP Solicitation Requirements (09-24) Available Online at https://app.az.gov Page 11 of 66

(TEFAP) Policies and Procedures Manual, and to be approved by the Coordinated Hunger Relief Program (CHRP).

6.1.10 Provide TEFAP commodities free-of-charge to Participants. Participants are with incomes at or below 185% of the Federal Poverty Level. No supporting documentation is required for income eligibility determination. Individuals receiving commodities self-certify they meet the income guidelines

6.1.11 Ensure completion of The Emergency Food Assistance Program (TEFAP) Household Distribution Site Sign-In Sheet Household Distribution Sign-In Sheet HRP-1013 during mass distributions and when Link2Feed cannot be accessed at the time of distribution.

6.1.12 Not use length of residency in a geographic location as a criterion of eligibility.

6.1.13 Ensure TEFAP Recipient Agencies are open to the general population. Recipient Agencies that limit participation or attendance to only their members may not be TEFAP distribution sites.

6.1.14 Ensure proof of household income is not required for a Participant to receive contract-related food. Income eligibility is a self-declaration made by Participants after reviewing posted current income eligibility guidelines.

6.1.15 Not deny Participants TEFAP food if they refuse to reveal any information that is not a requirement of TEFAP (e.g., demographics).

6.1.16 Ensure the Recipient Agency does not collect Participant social security numbers and/or require verification of household income. If it is determined that this information is being collected, this will be cause for the Contractor to terminate the TEFAP agreement immediately.

6.1.17 Prominently display all required program signage, including the “And Justice for All” poster, HRP-1065A and HRP-1065A-S Written Notice of Beneficiary Rights, and an ADA 504 Notice.

6.1.18 Not request or accept more commodities than can be distributed in five (5) months.

6.1.19 Ensure no right or interest in this Contract shall be assigned or delegated without the written permission of ADES.

6.1.20 Ensure either party in writing, the Contractor and Recipient Agency may cancel the subcontractor agreement upon thirty (30) days’ notice. Notwithstanding the foregoing, the State may cancel this Contract immediately upon receipt of evidence that the terms hereof have not been complied with by the Regional Food Bank per 7 C.F.R. 250.4(c)(4) and 247.4(b)(6).

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

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6.2 Payment

6.2.1 Reimbursement to the Contractor is in accordance with actual allowable costs incurred not to exceed the service reimbursement ceiling as stated in the TEFAP Itemized Service Budget (ISB) (Exhibit C), as may be amended.

6.2.1.1 Authorization for the performance of services under this contract shall be made only upon a duly approved Itemized Service Budget. The Contractor shall only be authorized to perform services up to the amount on the approved Itemized Service Budget. ADES shall not have any legal obligation to pay for services in excess of the amount indicated on the Itemized Service Budget.

6.2.1.2 Budgets will be reviewed and may be adjusted accordingly based on the following; changes in award allocations from the funding source, failure to meet objectives proposed to be served, or programs not spending budgeted funds efficiently.

6.2.2 If the Contractor elects to use the de Minimis rate for indirect costs, they must complete and submit the Certification of de Minimis Indirect Cost Rate form (Exhibit D, as may be amended).

6.2.3 If the Contractor elects to use a federally negotiated indirect cost rate, they must provide a copy of the rate agreement with the Itemized Service Budget. If the federally approved indirect cost rate changes or is allowed to expire within the contract period, the Contractor must notify ADES of the changes.

6.3 Reporting Requirements (TEFAP)

The Contractor Shall:

6.3.1 Submit all notices and correspondence to ADES regarding this contract shall be sent to the assigned ADES contract specialist or as directed by ADES.

6.3.2 Submit complete and accurate financial billing, supporting documentation and reports into the Division of Aging and Adult Reporting System (DAARS) in accordance with the system guide as may be amended, or as directed by ADES.

6.3.2.1 To be submitted by the fifteenth (15th) day following the end of each month, including the following:

6.3.2.1.1 Food Distribution Monthly Statistical Report (Form HRP-1012A), (Exhibit E) as may be amended,

6.3.2.1.2 TEFAP Commodity Inventory Report (Exhibit F), as may be amended.

6.3.2.1.3 TEFAP Public USDA Food Distribution Site List (Exhibit G), as may be amended, to be submitted with updates monthly.

Description:

Hunger – The Emergency Food Assistance Program (TEFAP) and the Commodity Senior Food Program (CSFP)

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6.3.2.2 To be submitted annually, including the following:

6.3.2.2.1 Survey template for review and approval by December 1.

6.3.2.3 To be submitted as available, the following:

6.3.2.3.1 The Feeding America Audit, within thirty (30) days of receipt of the final report.

6.3.2.3.2 The AIB International Audit report within thirty (30) days of receipt of the final report.

6.3.3 Certificate(s) of Insurance

6.3.3.1 The Contractor shall submit the required certificate of insurance and policy endorsements within ten (10) calendar days of a contract award and shall maintain valid insurance, including policy renewals, on file in the ADES certificate of insurance tracking portal, myCOI.

6.3.3.2 Prior to expiration of COI(s), the Contractor must submit a new COI(s) and endorsements to myCOI.

6.3.3.3 ADES will not process any invoices until COI documents have been received and are in compliance with the Special Terms and Conditions.

7. Commodity Senior Food Program (CSFP)

7.1 Commodity Senior Food Program (CSFP) Requirements:

The Contractor shall:

7.1.1 Adhere to the Commodity Senior Food Program (CSFP) State Plan, located at:

https://des.az.gov/documents-center under the Hunger Relief category, as may be amended.

7.1.2 Adhere to The Commodity Senior Food Program (CSFP) Policies and Procedures Manual, located at: https://des.az.gov/documents-center under Hunger Relief category, as may be amended.

7.1.3 Develop, maintain, and utilize a policy and procedure manual related to the service(s) that includes a description of the population served, how the service is delivered, inventory management, policies and practices related to Recipient Agencies, and Participant eligibility determination.

7.1.4 Receive, store/warehouse, and distribute CSFP food packages within the service area.

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7.1.5 Screen program applicants to determine eligibility for program participation in accordance with procedures outlined in The Commodity Senior Food Program (CSFP) Policies and Procedures Manual.

7.1.6 Provide each Participant with information about available health and social services that the Participant may be eligible for and make referrals as necessary.

7.1.7 Monitor and ensure that at least 98% of the assigned Caseload is distributed in each service area monthly.

7.1.8 Ensure that the distributed Caseload does not exceed the Caseload allocation per service area monthly.

7.1.9 Provide each Participant with nutrition education as outlined in The Commodity Senior Food Program (CSFP) Policies and Procedures Manual, as may be amended.

7.1.9.1 In the event the Contractor intends to expand nutrition education beyond what is outlined in the State Plan, the Contractor shall submit a copy of the proposal to be implemented throughout the SDA.

7.1.10 Maintain and utilize the ADES required Link2Feed database, or as directed by ADES, to collect essential data for reporting as outlined in the Commodity Senior Food Program (CSFP) Policies and Procedures Manual.

7.1.11 Collect and maintain Participant demographic information and complete all data elements required by CSFP regulations.

7.1.12 Develop and conduct an annual Participant survey January through June which includes the required components outlined in the Commodity Senior Food Program (CSFP) Policies and Procedures Manual, and to be approved by CHRP.

7.1.13 Administer the program in accordance with the provisions of 7 C.F.R. Part 247 and with the provisions of 7 C.F.R. Part 250, unless they are inconsistent with the provisions of 7 C.F.R. Part 247; including 7 C.F.R. 247.4(b)(1) & 250.4(c)(1).

7.1.14 Comply with all requirements relating to food safety and food recalls per 7 C.F.R.

250.4(c)(2).

7.1.15 Maintain accurate and complete records for a period of five years from the close of the fiscal year to which they pertain, or longer if the records are related to unresolved claims actions, audits, or investigations per 7 C.F.R. 247.4(b)(2).

7.1.16 Be responsible for any misuse of program funds per 7 C.F.R. Parts 247.4(b)(4).

7.1.17 Provide, or cause to be provided, nutrition education to Participants per 7 C.F.R. Parts

247.4(c)(1).

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7.1.18 Provide information to Participants on other health, nutrition, and public assistance programs, and make referrals as appropriate per 7 C.F.R. Parts 247.4(c)(2).

7.1.19 Distribute USDA Foods in accordance with the approved food package guide rate per 7 C.F.R. 247.4(c)(3).

7.1.20 Take steps to prevent and detect dual participation per 7 C.R.F. 247.4(c)(4).

7.1.21 Provide the names and addresses of all certification, distribution, and storage sites under its jurisdiction per 7 C.F.R. 247.4(c)(5). This is accomplished by maintaining accurate organization data in Link2Feed.

7.1.22 Be responsible for administering CSFP at the local level. This includes selecting and maintaining CSFP agreements with Recipient Agencies, and for:

7.1.22.1 Complying with civil rights requirements.

7.1.22.2 Entering into required agreements with ADES/CHRP and Recipient

Agencies.

7.1.22.3 Storing commodities in accordance with all Federal, State and local food storage requirements.

7.1.22.4 Establishing internal procedures for resolving complaints about commodities.

7.1.22.5 Maintaining accurate and complete records.

7.1.22.6 Conducting program outreach.

7.1.22.7 Certifying applicants in accordance with Federal and State established program eligibility criteria.

7.1.22.8 Complying with Federal and State established fiscal and operational requirements.

7.1.22.9 Ensuring that participation does not exceed assigned caseload if Federal program has caseload requirements.

7.1.22.10 Distributing commodities in accordance with the current food package maximum (CSFP) monthly distribution rate.

7.1.22.11 Providing nutrition education and information on the availability of other nutrition and health assistance programs to Participants.

7.1.22.12 Informing Participants of their program rights and responsibilities.

7.1.22.13 Meeting the special needs of homebound Participants to the extent possible.

7.1.22.14 Pursuing claims against Participants.

7.1.23 Ensure either party in writing, the Contractor and Recipient Agency, may cancel the subcontractor agreement upon thirty (30) days’ notice. Notwithstanding the foregoing, the State may cancel this agreement immediately upon receipt of evidence that the terms

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7.2 Payment

7.2.1 Reimbursement to the Contractor is in accordance with actual allowable costs incurred not to exceed the service reimbursement ceiling as stated in the CSFP Itemized Service Budget (ISB) (Exhibit H, as may be amended).

7.2.1.1 Authorization for the performance of services under this contract shall be made only upon a duly approved Itemized Service Budget. The Contractor shall only be authorized to perform services up to the amount on the approved Itemized Service Budget. ADES shall not have any legal obligation to pay for services in excess of the amount indicated on the Itemized Service Budget.

7.2.1.2 Budgets will be reviewed and may be adjusted accordingly based on the following: changes in award allocations from the funding source, failure to meet objectives proposed to be served, or programs not spending budgeted funds efficiently.

7.2.2 If the Contractor elects to use the de Minimis rate for indirect costs, they must complete and submit the Certification of de Minimis Indirect Cost Rate form (Exhibit D, as may be amended).

7.2.3 If the Contractor elects to use a federally negotiated indirect cost rate, they must provide a copy of the rate agreement with the Itemized Service Budget. If the federally approved indirect cost rate changes or is allowed to expire within the contract period, the Contractor must notify ADES of the changes.

7.3 Reporting Requirements (CSFP)

The Contractor Shall:

7.3.1 Submit all notices and correspondence to ADES regarding this contract shall be sent to the assigned ADES contract specialist, or as directed by ADES.

7.3.2 Submit complete and accurate financial billing, supporting documentation and reports into the Division of Aging and Adult Reporting System (DAARS) in accordance with the system guide as may be amended, or as directed by ADES.

7.3.2.1 To be submitted by the fifteenth (15th) day following the end of each month, including the following:

7.3.2.1.1 Food Distribution Monthly Statistical Report (Form HRP- 1012A), (Exhibit E) as may be amended.

7.3.2.1.2 CSFP Commodity Inventory Report, (Exhibit I) as may be amended.

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7.3.2.1.3 Monthly Report of the Commodity Supplemental Food Program and Quarterly Administrative Financial Status Report (Form FNS -153) (Exhibit J), as may be amended.

a. The Contractor is only required to report the receipt and distribution of USDA Foods, as well as beginning and ending inventories and other USDA Food data.

7.3.2.1.4 CSFP Monthly Quantity on Hand Report (Exhibit K), as may be amended.

7.3.2.1.5 CSFP Caseload Breakout by County Report (Exhibit L), as may be amended.

7.3.2.1.6 CSFP Monthly Waitlist (Exhibit M), as may be amended, by County.

7.3.2.1.7 CSFP Public USDA Food Distribution Site List (Exhibit G), as may be amended, to be submitted with updates monthly.

7.3.2.2 To be submitted annually, including the following:

7.3.2.2.1 Survey template for review and approval by December 1.

7.3.3 To be submitted as available, the following:

7.3.3.1 The Feeding America Audit, within thirty (30) days of receipt of the final report.

7.3.3.2 The AIB International Audit report within thirty (30) days of the final report.

7.3.4 Certificate(s) of Insurance

7.3.4.1 The Contractor shall submit the required certificate of insurance and policy endorsements within ten (10) calendar days of a contract award and shall maintain valid insurance, including policy renewals, on file in the ADES certificate of insurance tracking portal, myCOI.

7.3.4.2 Prior to expiration of COI(s), the Contractor must submit a new COI(s) and endorsements to myCOI.

7.3.4.3 ADES will not process any invoices until COI documents have been received and are in compliance with the Special Terms and Conditions.

https://www.aibinternational.com/

Special Terms and Conditions

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1. Definition of Terms

In addition to the Uniform Terms and Conditions, Section 1, the following shall apply:

1.1 “Award Date” The date this Contract is executed by the Department. This may or may not be the same date as the “Effective Date” which is the date specified on the Offer and Acceptance or Signature Page.

1.2 “Client Specific Referral” Services or activities for which a referral has been made for a client by an authorized representative of the Department.

1.3 “Contract Amendment” means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

1.4 “Department” The Arizona Department of Economic Security (ADES), unless otherwise indicated.

1.5 “Effective Date” The date the Contractor is to start delivering services. The Effective Date is specified on the Offer and Award or Signature Page.

1.6 “Equipment” All vehicles, furniture, machinery, electronic data processing (EDP) equipment, software and all other equipment costing $10,000.00 or more, including all normal and necessary expenses incurred to make the equipment ready for its intended use (e.g., taxes, freight, installation, assembly and testing charges, etc.), and with a useful life of greater than one (1) year. Equipment as used herein does not include real property (e.g., land, building, structures, or facilities’ improvements).

1.7 “May” or “may” Indicates something that is not mandatory but permissible.

1.8 “Purchase Order” also known as “Purchase Authorization” or “Release Order” is an authorized document to procure goods or services.

1.9 “Shall or “shall” “Must” or “must” Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of a proposal as non-responsive.

1.10 “Should” or “should” Indicates something that is recommended but not mandatory. If the Contractor fails to provide recommended information, the State may, at its sole option, ask the Contractor to provide the information.

1.11 “Vulnerable adult” An individual who is eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person as defined in A.R.S. §14-5101.

2. Advertising, Publishing and Promotion of Contract

In addition to the Uniform Terms and Conditions, Section 3.6, the following shall apply:

2.1 The Contractor shall provide to the Department for review and approval all reports or publications (written, visual or sound) which are funded or partially funded under this Contract, a minimum of fifteen (15) calendar

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2.1.1 “This program was funded through a contract with the Arizona Department of Economic Security.

Points of view are those of the author and do not necessarily represent the official position or policies of the Department.”

3. Assignment

In addition to the Uniform Terms and Conditions, Section 5.3, the following shall apply:

3.1 Merger, Reorganization or Change of Ownership

3.1.1 A proposed merger, reorganization or change in ownership of the Contractor shall require prior written approval of the Department and may require an assignment of this Contract documented by a Contract Amendment. The Department may terminate this Contract pursuant to the Termination clauses of this Contract, if the Contractor does not obtain prior written approval or the Department determines that the change in ownership is not in the best interest of the State.

3.1.2 The Contractor shall submit a detailed merger, reorganization and/or transition of ownership plan to the Department, for review at least sixty (60) days prior to the effective date of the proposed change.

3.2 This Contract is voidable and subject to immediate cancellation by the Department upon the Contractor becoming insolvent or filing proceedings in bankruptcy or reorganization under the United States Code, or assigning any right(s) or obligations under this Contract without the prior written consent of the Department.

4. Audit

In addition to the Uniform Terms and Conditions, Section 3.3, the following shall apply:

4.1 In compliance with the Federal Single Audit Act (31 U.S.C. § 7501-7506 as may be amended), Contractors designated as sub-recipients shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as prescribed in 2 C.F.R. § 200.

4.2 Audits of non-profit corporations receiving Federal or State monies are required pursuant to Federal or State law and shall be conducted as provided in 31 U.S.C. § 7501-7506, and A.R.S. § 35-181.03, as may be amended, and any other applicable statutes, rules, regulations, and standards.

4.3 In accordance with A.R.S. § 35-214, the Contractor shall retain and shall contractually require each subcontractor to retain all data, books and other records (“records”) relating to this Contract for a period of five (5) years after completion of this Contract, except if the Contractor is subject to Health Insurance Portability & Accountability Act of 1996 (Public Law 104-191) in which case such records shall be retained for six (6) years. All records shall be subject to inspection and audit by the State at reasonable times. Upon request by the Department or the Attorney General’s Office, the Contractor shall produce the original of any or all such records.

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5. Authorization for Services

5.1 Authorization for performance of services under this Contract shall be made only upon a duly approved Amendment with the Itemized Service Budget and the Itemized Service Budget will indicate the Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the approved Itemized Service Budget. The Department shall not have any legal obligation to pay for services in excess of the amount indicated on the Itemized Service Budget.

5.2 No further obligation for payment shall exist on behalf of the Department unless change or modification has been made in accordance with Section 5.1 above.

6. Background Checks for Employment through the Central Registry.

If providing direct services to children or vulnerable adults, the following shall apply:

6.1 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in their entirety as provisions of this Contract.

6.2 Central Registry Background Checks are processed through the Arizona Centralized Backgrounds Checks

(CBC) portal (https://cbc.az.gov/). Contractor’s employee, subcontractor, prospective employee or volunteer of the contractor or subcontractor who provide direct services to children or vulnerable adults requiring assistance in the registration process or navigating the CBC portal may find information on the Arizona Department of Economic Security website, Arizona Centralized Background Checks web portal (https://des.az.gov/cbc).

6.3 Before being employed or volunteering in a position that provides direct services to children or vulnerable adults, persons shall certify within the CBC portal to obtain a completed certification. The Contractor shall keep the certification on file for each employee, prospective employee, or volunteer whether an allegation of abuse or neglect was made against them and was substantiated. The certification shall remain confidential.

6.4 Central Registry Background Check will be used as a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:

6.4.1 Any person who applies for a contract with this State and that person’s employees;

6.4.2 All employees of a contractor;

6.4.3 A subcontractor of a contractor and the subcontractor’s employees; and

6.4.4 Prospective employees of the contractor or subcontractor at the request of the prospective employer.

6.5 Volunteers who provide direct services to children or vulnerable adults shall complete a Central Registry

Background Check which is to be used as a factor to determine qualifications for volunteer positions.

6.6 A person who is disqualified because of a Central Registry Background Check may apply to the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-619.57. A person who is granted a

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Central Registry exception pursuant to A.R.S. § 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a Central Registry exception.

6.7 If the Central Registry Background Check specifies any disqualifying act and the person does not have a

Central Registry exception, the person shall be prohibited from providing direct services to ADES clients.

6.8 The Contractor shall require each employee to submit a Central Registry Background Check, maintain and retain certifications in a confidential file for five (5) years after termination of this Contract.

7. Certification of Cost or Pricing Data

By submittal of the offer, the Contractor is certifying that, to the best of the Contractor’s knowledge and belief, any cost or pricing data submitted is accurate, complete, and current as of the date submitted or other mutually agreed upon date. Furthermore, the price to the State shall be adjusted to exclude any significant amounts by which the State finds the price was increased because the cost or pricing data furnished by the Contractor was inaccurate, incomplete, or not current as of the date of certification. Such adjustment by the State may include overhead, profit, or fees. The certifying of cost or pricing data does not apply when contract rates are set by law or regulation.

8. Certification Regarding Lobbying

In addition to the Uniform Terms and Conditions, Section 7.11, the following shall apply:

8.1 The Contractor shall comply with P.L. 101-121, Section 319 (31 U.S.C. section 1352) as may be amended, and 29 C.F.R. Part 93 as may be amended which prohibit the use of federal funds for lobbying and which state, in part: Except with the express authorization of Congress, the Contractor, its employees or agents, shall not utilize any federal funds under the terms of this contract to solicit or influence, or to attempt to solicit or influence, directly or indirectly, any member of Congress regarding pending or prospective legislation. Indian tribes, tribal organizations and any other Indian organizations are exempt from these lobbying restrictions with respect to expenditures that are specifically permitted by other federal law.

8.2 The Contractor agrees by submittal of the Certification Regarding Lobbying form, in compliance with 49 C.F.R. Part 20.

9. Code of Conduct

The Contractor shall avoid any action that either creates or result in the appearance of its having:

9.1 Divulging or made an inappropriate use of information gathered or discovered pursuant to the performance of its duties under this Contract;

9.2 Acted on behalf of the State without appropriate authorization;

9.3 Provided favorable or unfavorable treatment to anyone;

9.4 Made a decision on behalf of the State that exceeded its authority, could result in partiality, or have a political consequence for the State;

9.5 Misrepresented or otherwise impeded the efficiency, authority, actions, policies, or adversely affected the confidence of the public or integrity of the State; or

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9.6 A loss of impartiality when advising the State.

10. Competitive Bidding

If the Contractor is authorized to purchase the supplies and equipment itemized in this Contract for utilization in the delivery of contract services, this Contractor shall procure all such supplies and equipment at the lowest practicable cost and shall purchase all non-expendable items having a useful life of more than one (1) year and an acquisition cost of $1,000 or more, through generally accepted and reasonable competitive bidding processes. Any procurement in violation of this provision shall be considered a financial audit exception.

11. Compliance with Applicable Laws

In addition to the Uniform Terms and Conditions, Section 7.6, the following shall apply:

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