ESBD_547567_1786127412221_3_Part C Federal Conditions 304T-27-380M1.2 Dairy and Juice.pdf

Solicitation No. 304T-27-380M1.2 Page C1

Texas Comptroller of Public Accounts

Statewide Procurement Division

IFB No. 304T-27-380M1.2

Dairy and Juice Scheduled Deliveries

Part C

Federal Conditions

Page C2

Table of Contents C.1. Buy American

C.2. Byrd Anti-Lobbying

C.3. Civil Rights/Discrimination

C.4. Clean Air and Water Act and Federal Water Pollution Control Act

C.5. Contract Work Hours and Safety Standards Act

C.6. Copeland Anti-Kickback Act

C.7. Davis-Bacon Act

C.8. Energy Policy and Conservation Act

C.9. Health and Safety Certifications, Licensing, or Regulations

C.10. Rights to Inventions

C.11. Solid Waste Disposal Act

C.12. Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms

C.13. Telecommunications and Video Surveillance Services or Equipment

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By submitting a bid for any of the TJJD and TSD locations, Respondent represents and certifies compliance with each of the following conditions.

C.1. Buy American

The Customers participate in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A domestic commodity or product is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR 210.21(d). the contractor must provide documentation that demonstrates that food products meet the Buy American Provision. The Contractor must notify Customer if a delivery contains non-domestic products, so the Customer can approve delivery as an exception to the Buy American provision.

C.2. Byrd Anti-Lobbying

(1) The Contractor agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The Contractor agrees that none of the funds paid under this Contract will be used to engage in the lobbying of the Federal Government in connection with obtaining any federal contract, grant, or other award, or in litigation against the United States unless authorized under existing law.

(2) The Contractor shall submit to the Customer the applicable Certification Regarding Lobbying form and if applicable, the Disclosure of Lobbying Activities form. The Contractor must file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed.

(3) In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.

C.3. Civil Rights/Discrimination

(1) In carrying out this agreement, the Contractor must comply with:

a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP), by entities receiving Federal financial assistance.

b. ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance;

and

c. The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving Federal financial assistance.

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(2) The Contractor must comply with Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement–Nutrition Programs and Activities.

C.4. Clean Air and Water Act and Federal Water Pollution Control Act

Contractor shall comply with the Clean Water Act, 42 U.S.C. 7401-7671q; Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387); and Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15)

C.5. Contract Work Hours and Safety Standards Act

This Contract is for the purchase of goods only. Contractor will not employ mechanics or laborers to provide services under the contract.

C.6. Copeland Anti-Kickback Act

This Contract is for the purchase of goods only. Contractor will not perform construction or repair of public buildings or public works under the Contract.

C.7. Davis-Bacon Act

This Contract is for the purchase of goods only. Contractor will not perform construction or repair of public buildings or public works under the Contract.

C.8. Energy Policy and Conservation Act

This Contract is for the purchase of food items only. Contractor will not provide petroleum or petroleum products under this Contract.

C.9. Health and Safety Certifications, Licensing, or Regulations

Contractor shall 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.

C.10. Rights to Inventions

Contractor will not perform experimental, developmental or research work under this Contract.

C.11. Solid Waste Disposal Act

Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;

Page C5 procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

C.12. Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area

Firms

To the extent applicable, Contractor shall take the following affirmative step to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possibles in the letting of any subcontracts to this Contract:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

C.13. Telecommunications and Video Surveillance Services or Equipment

Contractor shall not provide equipment, services, or systems that use telecommunications systems or surveillance equipment produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) to any Customer under this Contract.