ESBD_399645_1740777023581_FANS Procurement Plan (Policies and Procedures).pdf

Plano ISD

Food and Nutritional Services Department

PROCUREMENT

PROCEDURES MANUAL

6600 Alma Drive Suite B

Plano, TX 75023 469-752-5783

Plano Independent School District Food and Nutritional Services plan for procuring products/services for use in the United States Department of Agriculture’s (USDA) school nutrition programs.

The School Food Authority (SFA) is ultimately responsible for ensuring all procurement procedures for any purchases by the SFA comply with all Federal regulations, including but not limited to 2 Code of Federal Regulation (CFR) 200; State procurement statutes and administrative codes and regulations; local SFA/Board of Education procurement policies; and any other applicable State and Local laws; Texas Department of Agriculture’s (TDA) “Administrative Review Manual”, Section 16 and 17.

The procurement procedures promotes program integrity, establishes internal controls, provides free and open competition, transparency in transactions, comparability, documentation and record retention of all procurement.

This manual is updated as necessary.

PROCUREMENT PROCEDURES MANUAL 2022 PLANO ISD FOOD AND NUTRITIONAL SERVICES

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Overview of Procurement

Plano ISD uses the following resources for all procurement methods:

United States Department of Agriculture (USDA) Super Circular 2 CFR part 200

Texas Department of Agriculture (TDA) Administrative Review Manual, Section 16 & 17

The following standards will be applied to all procurement methods.

Solicitations will:

Allow for full and open competition Handle with integrity and fairness to all potential bidders

Award responsive and responsible contractors

Documented to allow for complete transparency and follow the 5-year record retention requirement

Plano ISD Food and Nutritional Services participates in the following:

Agreements

1. Inter-Governmental Agreements

2. Third Party Cooperatives

3. Agents

Informal Purchases

1. Micro-Purchase: any purchase that does not exceed the State threshold of $10,000.

2. Small Purchase Acquisition: any purchase that exceeds $10,000 but is not greater than the State threshold of $50,000.

Formal Purchases

1. Competitive Bid (IFB-Invitation For Bid)

2. Competitive Proposal (RFP-Request For Proposal)

3. Non-Competitive Proposal

Other Purchases

1. Sole Source – determined by District based on the following:

a. Failed procurement method due to no competition

b. Point of Sale Software, based on proprietary computer coding

c. Warranty void risk due to proprietary chemicals used on equipment

d. Requires TDA approval prior to awarding the vendor or purchasing from the vendor

2. Capital Expenditures – any single piece of equipment that exceeds $5,000 in cost must be approved by TDA prior to purchase. Cost analysis must be completed prior to submitting a request to TDA.

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Planning for Procurement

Forecasting:

1. Determine product(s) and/or service(s) needed

2. Determine a time frame

3. Determine estimated cost

4. Determine payment method

5. Complete cost analysis to determine appropriate procurement method

Solicitation:

1. Utilize cost analysis to determine appropriate procurement method

2. Develop written specification based on product(s) and/or service(s) needed

3. Identify terms and conditions of the contract

4. Advertise to maximize competition

5. Interested Vendors:

a. Plano ISD will ensure that any vendor with an interest in becoming qualified is provided with all the necessary information and assistance needed.

b. Plano ISD maintains an approved awarded vendor list.

Awarding:

1. Based on procurement method determine award of contract.

a. Equitable distribution for all micro-purchases

b. Low bid awards for small purchases and IFB

c. Non-competitive or sole source must have TDA pre-approval

d. Develop an evaluation criteria to evaluate for responsibility and responsiveness

Contract Management:

1. Ensure Child Nutrition Federal Funds are compliant with all Federal, State, and local regulations.

2. Specifications, technical requirements, and terms and conditions of all contracts are executed correctly.

3. Follow all record retention requirements.

Informal Procurement Methods (2 CFR 200.320); ARM Section 17

Micro-Purchase Method The micro-purchase method is intended to minimize the burden for purchases of very small amounts. For micro-purchases, there are three elements for proper procurement:

1. Aggregate purchase amount less than the $10,000 threshold

2. Equitable distribution of purchases

3. Reasonable cost Plano ISD will identify categories of purchases and apply the micro-purchase threshold to all products and services purchased in the same category. Aggregate purchase amount is the total cost of the same category of products and services purchased over Plano ISD’s fiscal year. The cost of the same category of products or services

3 | P a g e purchased using the micro-purchase method is cumulative across the fiscal year and cannot exceed the $10,000 threshold. Plano ISD will review previous year costs and future costs to determine if this type of purchase qualifies for micro-purchase.

Plano ISD micro-purchase categories include, but are not limited to, the following:

Awards - Employee Appreciation Certifications - Food Handlers and Health Department Compliance - Health Department Contracted Services - Electrical Contracted Services - Equipment Repair Contracted Services - General Contracted Services - Network Contracted Services - Refrigeration Equipment Replacement - Small Kitchen Equipment Replacement - Washers and Dryers Marketing and Advertisements Membership - Professional Monitoring - Freezers and Coolers Spirit Wear Staff Training and Travel Expense Supplies - Banking Supplies - Condensers Supplies - Dishmachine Supplies - Electrical Supplies - Freon Supplies - Gaskets Supplies - Health and First Aid Supplies - Lighting Supplies - Office Supplies - Plumbing Supplies - Refrigeration Supplies - Shop Supplies - Technology Supplies - Truck Stock Vehicle Maintenance and Repair

1. All unplanned, non-routine or routine purchases with an aggregate total or annual aggregate total if similar categorical products that do not exceed the threshold of

$10,000 (or higher if self-certified) are allowed and will include:

a. Documentation is retained according to record retention guidelines

b. List of items or service purchased

c. Signed receipt

d. All documentation will be kept in a file labeled micro-purchases

2. The following employee positions have permission to make a micro-purchase:

a. FANS administrative staff and other pre-approved facility services staff

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3. Eligible Vendors:

a. Equitable distribution of purchases will be made to all suppliers within an appropriate proximity to the district’s school sites

b. All suppliers within the city limits

c. District-approved and qualified suppliers

4. Equitable Purchasing:

a. Purchases must be distributed among all qualified suppliers that are able to provide the products and/or services at a reasonable cost

5. Plano ISD allows the following payment types for micro-purchases:

a. District approved purchase orders

b. Retail card will be requested and issued through the District

c. District approved credit card

d. Personal cash, credit card, or debit card to be reimbursed by the District

Small Purchase Method

The small purchase method is an Informal Procurement Method where the cost of the same category of products and services purchased over the CE’s fiscal year does not exceed the small purchase acquisition threshold of $50,000 (or less if district has a more restrictive policy).

1. Acquisition Threshold:

a. Based on the determination through a cost/price analysis that a purchase will exceed the Micro-Purchase threshold (2 CFR 200.67), but will not exceed the small purchase acquisition threshold of $50,000

2. Allowable Types of Small Purchases:

a. Single/one-time purchase with an aggregate amount between

$10,000<$50,000

b. Multiple purchases of same or similar products and/or services from a responsive and responsible vendor during the fiscal year with an aggregate amount between $10,000<$50,000

3. Plano ISD will use the following steps to make a Small Purchase:

a. Identify potential suppliers, whom to contact for bids, what is available on the market

b. Write the product and/or service specification to include details but not restrictive as to exclude competition

c. Conduct a cost analysis to include all products or services to be purchased along with estimated quantities

Current pricing will be used to determine contract value and reasonable cost

d. Draft the solicitation to include contract terms and conditions, invoice methods, delivery and/or service requirements, duration of contract, and evaluation criteria if any is being used with the scoring rubric.

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e. Contact a minimum of three vendors (if possible) and provide each one with the same information to include all details of the solicitation. Emailed or faxed documents is the preferred method but verbal delivery of solicitation details is allowed.

e. Document vendor responses to include:

Vendor name and contact with email address and phone

Contact method

Price quote to include the date received

Duration of the price quote

If less than 3 quotes are received, explanation of why this occurred will be included in the documentation

f. Award will go to the most responsive and responsible vendor with the lowest price or highest evaluation score if used. A responsive vendor is one whose response conforms to all the material terms and conditions of the solicitation.

A responsible vendor is one whose financial, technical, and other resources indicate an ability to perform the services required.

All documentation will be retained using the district-approved technology program

g. The following employee positions have permission to make a Small

Purchase:

FANS administrative staff and other pre-approved facility services staff

h. Eligible vendors:

Equitable distribution of purchases will be made to all suppliers within an appropriate proximity to the district’s school sites

All suppliers within the city limits

District-approved and qualified suppliers

i. Payment for Small Purchases:

PO to be created prior to the invoice payment and processed through our district-approved technology program

Formal Procurement Methods (2 CFR 200.320); ARM Section 17

Competitive Sealed Bidding (IFB – Invitation for Bid) The competitive sealed bidding method is a formal procurement method that is used when the contract value is at or above the Small Purchase threshold, which is $50,000 in the state of Texas. The formal procurement method requires Plano ISD to post a public advertisement in a newspaper of general circulation for two consecutive weeks upon release of the solicitation.

1. Plano ISD will ensure the following requirements in soliciting and evaluating IFB:

a. Provide written specification and other criteria

b. Conduct a cost analysis to include all products or services to be purchased along with estimated quantities

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c. Two or more responsible bidders are willing and able to compete effectively for the business

d. The procurement lends itself to a firm fixed-price contract and the selection of the successful bidder can be made principally on the basis of price

e. Factors such as discounts, transportation cost, and life cycle costs shall be considered in determining which bid is lowest

f. The SFA will award a firm fixed-price contract to the lowest responsive and responsible bidder

g. Evaluation criteria will be included in the solicitation to determine award when same pricing is received from two different bidders

h. Any or all bids may be rejected if there is a sound documented reason

2. Employee positions will participate in the IFB Procurement Method:

a. FANS administrative staff

b. Purchasing administrative staff

3. Eligible Vendors:

a. All suppliers that have been identified as potential bidders

b. Only District-approved and qualified suppliers

4. Payment for IFB Purchases:

a. PO to be created prior to the invoice payment and processed through our

District-approved technology program

b. Periodically verify invoicing to bid-pricing

Competitive Proposals (RFP – Request for Proposal) A request for proposal is a formal procurement method used for purchases when an IFB is not appropriate. An RFP describes what is needed and requests that vendors submit a proposal for servicing the needs of the district. RFP’s can be used for either goods or services and require the prospective vendor to submit a technical proposal that explains how they will meet the objectives of the solicitation document and a cost element that identifies the costs to accomplish their proposal. Price is to remain the major consideration but can be one of many evaluation factors. The RFP also allows for negotiation as a means to obtain the best value or price.

1. Plano ISD will ensure the following conditions when preparing an RFP:

a. A complete, adequate, and realistic specification or purchase description will be made available

b. The procurement lends itself to a firm fixed price contract or cost reimbursable price

c. The selection of the successful bidder will be made after an evaluation of criteria with price being the heaviest weighted factor

d. Negotiation of price or best value will be handled with complete fairness and integrity

2. Plano ISD will adhere to the following requirements in Soliciting and Evaluating an

RFP:

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a. Conduct a cost analysis to include all products or services to be purchased along with estimated quantities

b. The solicitation will be publicly advertised

c. Solicitation document will include a cover sheet with the RFP description, contact information, issue date, closing date and opening date

d. Written instructions and bidder information sheet to be completed by the proposer

e. Clear product and/or service specifications

f. Clear description of District demographics and product usage (as relevant)

g. Clearly stated evaluation criteria to include scoring rubric

h. Standard and/or Special Terms and Conditions of the contract

i. Discounts, rebates, and/or credits and crediting USDA Foods where applicable

j. Utilize questionnaires as appropriate

k. Reference sheet

l. Certifications per ARM Section 17 and Appendix II to Part 200 of 2 CFR 200:

3. Awarding of the contract:

a. Evaluation will consist of product quality, services, or past performance, but not limited to, along with price as the heaviest weighted factor

b. Cost plus percentage of cost will not be allowed as a basis for award (2 CFR

200.320)

c. Any or all bids may be rejected if there is a sound documented reason

4. Employee positions will participate in the RFP procurement method:

a. FANS administrative staff

b. Purchasing administrative staff

5. Eligible vendors:

a. All suppliers that have been identified as potential bidders

b. Only district-approved and qualified suppliers

6. Payment for RFP Purchases:

a. PO to be created prior to the invoice payment and processed through our

District-approved technology program

b. Periodically verify invoicing to bid-pricing

Capital Expenditures

Texas Department of Agriculture (TDA) requires a CE to get pre-approval on expenditures for food service equipment or alterations to equipment, only if the total equipment per unit cost is greater than $5,000.

1. Plano ISD will submit a request for approval prior to purchasing the item to TDA including:

a. District Name, CE ID, and contact information

b. Description of the equipment, including the purpose and how it supports the operation or maintenance of the District.

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c. Provide an estimated cost and whether or not we have sought bid pricing

d. Describe how the old equipment (if any) will be disposed of and acknowledge that any proceeds from the disposal will be used to offset the cost of the replacement

e. Acknowledge that any equipment purchased will be used exclusively by the

District

Non-Competitive Negotiation and Sole Source Procurements

These types of procurement methods are used to compensate for the lack of competition. This lack of competition may result from overly restrictive solicitation documents, an inadequate number of suppliers in the area or the procurement environment may have been compromised by inappropriate supplier actions (i.e. market allocation schemes). Non-competitive negotiation occurs after the solicitation (sealed bid, competitive negotiation or small purchase) has been issued, but competition on that solicitation has been deemed inadequate.

Non-competitive negotiations or sole source procurements are restricted to specific situations and may only be used when:

1. Inadequate competition in a formal procurement method:

a. Plano ISD will follow these procedures when a single quote or bid response is received:

Research the reasons for a single response

To the best ability possible, determine if the bid was too restrictive or released in a way that prevented open and fair competition

Determine if Sole Source approval is needed

b. Determining if the Products or Services Solicited Qualify as a Sole Source:

The solicitation was adequate and allowed for open and fair competition

The single responder is a responsive and responsible bidder

The product or services are only available from one the single supplier

If a single bidder qualifies as a sole source, the process for pre-award approval will be followed

c. Sole Source Pre-Award Process

Plano ISD will document all bidding activities and submit the

Noncompetitive Procurement Request Form found on squaremeals.org

Plano ISD must receive approval from TDA to award a sole source vendor

Plano ISD will award the sole source bidder

2. Public emergency or unexpected emergency situation:

a. Plano ISD will obtain TDA approval to utilize noncompetitive procurement.

b. Plano ISD must contact TDA immediately to initiate the approval process.

c. Submit the Non-Competitive Procurement Request form found on squaremeals.org.

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3. The following employee positions will oversee the approval process for a Non-

Competitive and/or Sole Source Procurement Method:

a. FANS administrative staff

b. Purchasing administrative staff

Buy American Provision Plano ISD adheres to the Buy American Provision (7 CFR 210.21) when purchasing commercial food products with SNP funds. This provision will be included in all solicitations for food to be used in the school nutrition programs.

This provision requires CE’s and third parties to purchase domestically grown and processed foods to the maximum extent practicable. Domestically grown food products are grown and processed in the United States. Substantial means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States.

Plano ISD will purchase domestic food products per the Buy American Provision unless:

1. The product needed is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality; or

2. Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product

Plano ISD will maintain all documentation in regard to any food purchases that are deemed non-domestic to include cost comparisons if the product is available as a domestic product that is seen as unreasonable in cost; or if not available as a U.S.

grown product the documentation will include the country of origin.

Applying Geographic Preferences in Procurement As amended, the National School Lunch Act (NSLA) allows SFA’s receiving funds through the CN Programs to apply a geographic preference when procuring unprocessed, locally grown or locally raised agricultural products. This applies to operators of all of the School Lunch Programs.

Plano ISD will apply geographic preference to the procurement of agricultural products that:

1. Are unprocessed and retain their inherent character

2. Are locally grown or locally raised

3. Have not been cooked, seasoned, canned, or combined with any other products

USDA allows the entity to define local as long as it is not too restrictive. TDA allows the CE to define local as a boundary or area, such as counties, State, or multi-State as long as it is not too restrictive. Regulation prevents Plano ISD from awarding any contract

10 | P a g e based solely on local, and Plano ISD will provide clear instructions and information in each solicitation as to our definition of local and evaluation criteria. Plano ISD will adhere to the policy of using their USDA Federal Funds in the most efficient way possible. Plano ISD defines its local geographic areas located within Texas and surrounding states.

Local Sourced Products: Farm to School Initiative Plano ISD is committed to local markets and family farmers in the State of Texas. Our objective is to support the local agricultural economy and reduce the environmental impact of long-distance shipping. Plano ISD defines “Local Sourced Products” as products that are grown within the State of Texas and surrounding states.

When purchasing local sourced products, Plano ISD will follow the planning phase as stated earlier in this manual and do a cost/price analysis to determine the most appropriate procurement method.

In order to encourage the bidders to purchase locally sourced produce, Plano ISD may assign additional point values in the “Award of Contract” section of the solicitation that can demonstrate:

1. The bidder is purchasing produce locally by submitting a list of local farmers, their addresses, the produce that is anticipated to purchase from each farm location, and the anticipated harvest dates of the produce.

2. The bidder must also agree to the ability to submit a report during the term of the contract that demonstrates continued purchases from local farms.

Cost Analysis Plano ISD will conduct a cost analysis to review and evaluate each element of cost to determine reasonableness, allocability, and allowability for products and/or services to procure. The cost analysis will include the total projected cost for the products and/or services to be procured. This will be completed prior to all solicitations.

Plano ISD will use the following tools and information to create the cost analysis:

1. List of products planned for purchase including estimated quantities to be purchased

2. Prior or current year cost

3. Analysis will include a review of single price and extended cost based on estimated quantities

4. Totals will be reviewed for budget planning and determination of reasonableness

5. If Plano ISD is utilizing the services of a purchasing cooperative, Plano ISD will ensure the following:

a. The cooperative is completing a cost analysis to determine the overall contract value for each bid to be used based on estimated quantities from all participating members

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b. The cooperative provides Plano ISD with a complete list of bid specifications that includes current known cost per product, projected and anticipated cost increase, and a field where forecasted/estimated quantities can be entered by Plano ISD

c. The cooperative completes the full cost analysis prior to the release of all solicitations

Economic Price Adjustments in Vendor Contracts The economic price adjustments, which allow a District to adjust costs in the contract, must be tied to an appropriate standard or cost index. Relating the price adjustments in a contract to an index allows the District to ensure that increases under the contract are not without basis. For example, if fuel prices are increasing drastically, an appropriate index such as the Consumer Price Index (CPI) will reflect this change.

This index is preferred because USDA utilizes this for the National School Lunch Program (NSLP) yearly funding increases. If USDA increased funding by a certain percentage the District would be able to allow the increase in food cost to rise at the same percentage. Vendors can bid on multi-year contracts that allow for inflation and the District will maintain a consistent level of service and food cost percentage from year to year.

Discounts, Rebates, and Credits

Plano ISD requires that all discounts, rebates, and credits accrue back to the school nutrition account. The contractor will be required to identify the amount of each discount, rebate, or other applicable credit on bills and invoices presented to Plano ISD.

Contractors will be required to identify the method by which they will report discounts, rebates, and credits. All discounts, rebates, and credits will be tracked via monthly invoices or annual velocity reports. Contractors will be required to maintain documentation of costs, discounts, rebates, and credits and make those available to Plano ISD upon request.

Bid Protest Procedures Any interested party may protest any of the following situations:

a. Solicitation or other request for offers for a contract for the procurement of property or services

b. Cancellation of a solicitation or other request

c. Award or proposed award of a contract

d. Termination of a contract, if the protest alleges that the termination was based on improprieties in the administration of the contract

Plano ISD will do the following for every bid:

a. Include clear instructions in each solicitation document about questions and protest procedures

b. Allow respondents to request clarification of information prior to the close of

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c. Notify bidders that protest requests must be received a minimum of three business days prior to the close of the bid/proposal

Plano ISD will do the following in response to bid protests:

a. Address all respondent protests within 24 hours of the bid award

b. Follow all written procedures to resolve protests

c. Provide evaluation scores and pricing at the request of the respondent. Violations of law should be referred to the local, state or Federal authority. (2 CFR, Section 200.318[k])

d. Notify TDA when a protest is received

e. Retain all documentation related to a protest

f. Address the request for additional information as an addendum to all respondent

Cooperative Membership and Procurement USDA allows for purchasing goods and services using cooperative agreements, agents, and third-party services.

Plano ISD may participate in a purchasing cooperative when it is determined to be in the best interest of the District. As a governmental agency, Plano ISD has the option to legally join a government agency or Education Service Center (ESC) agency purchasing cooperative through an interlocal or interagency agreement.

If joining an ESC Agency cooperative, Plano ISD will complete and submit a copy of the interlocal or interagency agreement to the appropriate contact. Plano ISD will complete the below once membership in the cooperative has been confirmed:

1. Provide product estimated quantities planned for purchase for each bid selected

2. Review all procurement documents and cooperative processes to ensure accordance with applicable Federal, State and local regulations

3. The District’s addition to any contract selected will not create a material change as outlined in the contract. 2 CFR 200.318[e] states a material change occurs when the change in scope of the contract is significant enough that potential bidders might have bid differently had they been notified of the impacts from adding additional agencies:

a. Plano ISD will review each solicitation document regarding material change threshold to confirm that the additional purchases will not exceed the contract value threshold.

b. Plano ISD will confirm how the cooperative tracks additional items and contract values.

4. Request access to all documentation related to the contract for compliance with records retention requirement to include but not limited to:

a. Solicitation

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b. Verification of Published Advertisement

c. Contract Terms and Conditions

d. Evaluation Criteria

e. Responses to include certifications and pricing

f. Evaluation Committee Scores

g. Notification of Awarded Vendor(s)

h. Documentation of any Extensions or Amendments

Unnecessary or Duplication of Goods and Services Plano ISD will avoid acquisition of unnecessary or duplicative goods and services.

Plano ISD will adhere to the following:

1. Implement internal controls to ensure that the district does not engage in contracts with duplicative services (paying for the same service twice) from the same contractor or different contractors.

a. Appointed staff members will review all contracts and all products that are planned to be purchased from cooperatives to ensure that all purchases will not create payment for duplicative services.

b. Memberships in cooperatives will be reviewed to ensure that all products planned for purchase are not receiving a duplicated indirect fee.

2. Appointed staff will determine if there are like items in the District that may not be in use and consider transferring item instead of purchasing.

3. Appointed staff will confirm the item(s) purchased are needed to serve, prepare, receive, transport or store for the planned menus.

4. Appointed staff will confirm equipment items planned for purchase are replacing an obsolete, broken, damaged or outdated piece of equipment.

Use of Excess and Surplus Property CE’s are encouraged to use federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs.

This includes, but is not limited to, USDA foods. TDA allows a district to use a significant portion of our entitlement (PAL) allocation from USDA to purchase Department of

Defense (DOD) fresh fruit and vegetable products. TDA manages the solicitation and award of the DOD Produce Vendors. Contracting Entities (CE’s) in the state of Texas and participating in the DOD Fresh Program can receive weekly deliveries as outlined in the awarded contract.

Recalls Plano ISD will use the following procedures in regard to products that have been recalled, or discovered to be defective or faulty:

1. Food and Nutritional Services administrative staff will register for email notifications of recalled products through USDA Food Safety and Inspection Service

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(usfsis@public.govdelivery.com) and/or recalls.gov or any other viable resource in regard to food and product safety and recalls.

2. Vendors’ Recall procedures will be requested with every IFB and RFP procurement method used.

3. Any notices or alerts from awarded vendors or distributors in regard to a recalled product will be handled immediately, following all instructions from the vendor or distributor.

4. Actions may include but not be limited to:

a. Disposal of all affected product

b. Photos of products affected, documentation of case lot numbers, distributor codes or any other pertinent information as documentation of product origin

c. Removal of affected product to a safe area to be picked up by the vendor or distributor

d. Credits issued for all affected product that could not be used

Other Regulatory Requirements for Solicitations and Contract When federal funds are used, CE’s must include specific regulatory and legislative provisions in all solicitations/contracts. This subsection provides general explanations of what is required. For these requirements, the term, contract, applies to both legal contracts and operations agreements and applies to CE’s and third party entities acting on behalf of CE’s to procure services and/or products.

BYRD, Anti-Lobbying applies to contracts exceeding $100,000 using federal funds;

requires contractor to complete specific forms related to lobbying (influencing or attempting to influence) in connection with obtaining a contract.

Civil Rights/Discrimination applies to contracts using federal funds; prohibits the discrimination to all eligible program participants on a basis of age, color, disability, national origin, race, and gender.

Clean Air and Federal Water Pollution Control Act applies to contracts exceeding $150,000 using federal funds; requires compliance with all applicable standards, orders, and regulations; prohibits the award of contracts to contractors that are in violation of Clean Air Act. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency.

Contract Work Hours and Safety Standards Act applies to contracts that involve mechanics or laborers exceeding $100,000 using federal funds; establishes standards for hourly and salaried employees related to workweek and overtime.

Copeland Anti-Kickback Act applies to construction contracts using federal funds;

prohibits a contractor or subcontractor from inducing kickbacks from employees.

Davis-Bacon Act applies to construction contracts exceeding $2,000 using federal funds;

mailto:usfsis@public.govdelivery.com http://www.recalls.gov/

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Energy Policy and Conservation Act applies to contracts using federal funds;

establishes standards for the promotion of energy and water conservation methods when feasibly obtainable.

Equal Employment Opportunity applies to construction contracts using federal funds;

prohibits hiring practices that do not provide an equal opportunity of all persons without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

Health and Safety Certifications, Licensing, or Regulations applies to contracts using federal funds; requires all contractors to meet applicable local, state, and federal health and safety certifications, licensing, or regulations, which include, but are not limited, to facility use, food establishment, and authorized providers.

Rights to Inventions (Patent Rights, Copyright and Rights) applies to contracts using federal funds; requires all contractors to observe all applicable patent rights, copyright, and rights laws in operating the program.

Solid Waste Disposal Act applies to contracts exceeding $10,000 using federal funds;

requires contractors to maximize energy and resource recovery by using recycled materials and/or recycling waste products when reasonable, cost appropriate, and available.

Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms applies to contracts using federal funds; requires contractors to encourage and facilitate participation by small businesses, minority owned firms, and women’s business enterprises whenever to the maximum extent possible.

Federal & State Regulations and Certifications

The following certifications will be used in all formal procurement methods.

This list is not inclusive of all certifications.

Intangible Property Procurement of Recovered Materials/Solid Waste Disposal Profit as a Separate Element of Price Record Retention Requirements Rights to Inventions Anti-trust Certification Certification of Residency Companies Engaged in Business with Iran, Sudan, or a Foreign Terrorist

Organization Compliance with the Energy Policy and Conservation Act Compliance with Texas Family Code Food/Product Recall and HACCP Procedures

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Form 1295 Health & Safety Certificates, Licensing and Regulation No Israel Boycott Prohibited Employment Assistance Non-Collusion Declaration Non-Collusion Affidavit Breach of Contract Terms, Sanctions and Penalties Termination for Cause or Convenience Certificate of Insurance Cooperative Agreements Byrd Anti-Lobbying Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion for Covered Contracts Clean Air and Water Certificate Equal Opportunity Employment Contracting with Small, Minority, Women Business Enterprises, and Labor

Surplus Area Firms Conflict of Interest Questionnaire Disclosure of Lobbying Activities Felony Conviction Notification (Exhibit Only) Nutrition Services Certification For “Buy American” Provision Nutrition Services “Buy American Waiver Exception List Certificate Regarding Worker's Compensation Certificate Regarding Drug-Free Workplace Certificate Regarding Alcoholic Beverage And Tobacco-Free Campus Policy E-Verify Iran Contracting Civil Rights/Discrimination W9

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. 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 Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the

Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-

3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the 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, Washington, D.C. 20250-9410; (2) fax:

(202) 690-7442; or (3) email: program.intake@usda.gov. This institution is an equal opportunity provider.

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This manual is updated every year and as necessary based on changes to the

TDA Administrative Reference Manual.

January 6, 2022: Manual updated for SY22.