FEDERAL_FUNDING_REQUIREMENTS.pdf

TEMPE SCHOOL DISTRICT NO. 3

3205 South Rural Rd

Tempe, AZ 85282

FEDERAL FUNDING REQUIREMENTS

1. Affordable Care Act: The bidder understands and agrees that it shall be solely responsible for compliance with the patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care and Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act “ACA”). The bidder shall bear sole responsibility for providing health care benefits for its employees who provide services to the District as required by State or Federal law.

2. Buy American Provision (only applies to Food & Nutrition food purchases): The bidder will purchase, to the maximum extent practicable, domestic commodities or products in accordance with 7CFR§210.21(d) and 7CFR§220.16(d). The bidder shall purchase, to the maximum extent practicable, domestic agricultural commodities or products substantially processed in the United States. “Substantially” means the final processed product contains over 51% domestically grown agricultural commodities. This provision applies to all food purchases paid from the nonprofit school food services account. There are limited exceptions to this provision which allow for the purchase of products not meeting the “domestic” standard as described above (“non-domestic”) in circumstances when use of domestic products is truly not practicable. However, before utilizing an exception, alternatives to purchasing non-domestic food products should be considered.

3. Disclosure of Lobbying Activities: Pursuant to Byrd Anti-Lobbying Amendment 31 USC 1352, the bidder must disclose lobbying activities in connection with school nutrition programs. If therEre are material changes after the initial filing, updated reports must be submitted on a quarterly basis. 7CFR§3018.100 (Only applies to contracts over $100,000)

4. Certification Regarding Lobbying: Pursuant to 31 USC 1352, the bidder must submit a certification regarding lobbying which conforms in substance with the language provided in 2CFR Part 200.450. No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative Agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions.

5. Certificate of Independent Price Determination: The bidder admits that all prices in this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor certification regarding non-collusion.

6. Civil Rights Compliance (only applies to Food & Nutrition contracts): 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.

a. 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.

b. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, AD-3027, found on line at www.ascr.usda.gov/complaint_filing_cust.html, 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.

7. Clean Air Act, Clean Water Act, and Environmental Protection Agency Regulation: The bidder will comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738 and Environmental Protection Agency regulations which prohibit the use, under nonexempt federal contracts, grants or loans to facilities included on the EPA List of Violating Facilities.

8. Contract Work Hours and Safety Standard Act: The bidder shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Only applies to contracts over $100,000)

9. Debarment, Suspension, Ineligibility and Voluntary Exclusion: By signing the Bid & Acceptance form, the bidder certifies that they have not been debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under executive order 12549 and 12689. The bidder shall comply with regulations implementing Office of Management and Budget Guidance in Non-procurement Debarment and Suspension codified at 2 CFR Part 180 and 2 CFR Part 417. These regulations restrict transactions with certain parties that are debarred, suspended or otherwise excluded from, or ineligible for, participation in Federal assistance programs or activities. (Only applies to contracts over $25,000)

10. Energy Policy and Conservation Act: The bidder shall meet the mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act. (Pub. L. 94–163, 89 Stat.871.)

11. Equal Employment Opportunity: The bidder shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapters 60).

12. Record Keeping: The books and records of the bidder pertaining to operations under this Agreement shall be available to the District at any reasonable time. These records are subject to inspection or audit by representatives of the District, State Agency, the US Department of Agriculture (for food/nutrition only), and the US General Accounting Office at any reasonable time and place. The District shall maintain such records, for a period of not less than five (5) years after the final day of the contract, or longer if required for audit resolution (A.R.S § 35-214). 7CFR§210.23 and 2 CFR Part 200.318(i).

13. Invoicing (only applies to Food & Nutrition contracts): The bidder fully discloses all discounts, rebates, allowances and incentives received by the bidder from its suppliers. If the bidder receives a discount, rebate, allowance, or incentive from any supplier, the bidder must disclose and return to the District the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the District. The bidder must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. 7CFR§210.21(f)(1)(iv).

No expenditure may be made from the nonprofit school food service account for any cost resulting from a cost-reimbursable contract that fails to include the requirements of 7CFR§210.21, nor may any expenditure be made from the nonprofit school food service account that permits or results in the bidder receiving payments in excess of the bidder’s actual, net allowable costs. 7CFR§210.21 (f)(2) The return of purchase incentives, discounts, rebates, and credits will be to the Sponsor’s non-profit Child Nutrition account.

14. Termination Clause: The District may terminate for cause and for convenience the contract. Appendix II to

2 CFR Part 200. (Only applies to contracts over $10,000)

15. E-Verify Requirement: The bidder warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with A.R.S. § 23-214, Subsection A. (That subsection reads: After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program.)

16. Description of process for enabling vendors to receive or pick up orders upon contract award. Once the

District has made the decision to order from a vendor of an awarded contract, price will be confirmed/verified and purchase orders issued and sent to the vendor, based upon the needs of the District. No volume is implied or guaranteed.

17. Solid Waste Disposal Act: The bidder shall comply with Section 6002 of the Solid Waste Act and its implementing regulations.

18. Minority & Woman Businesses: When federal funding may be used, the District shall take affirmative steps to ensure minority businesses, women’s business enterprises, and labor surplus area firms are notified of solicitation opportunities when possible. Prime contractors are required to take the same affirmative steps let 2 CFR Part 200.321

19. Program Regulation (only applies to Food & Nutrition contracts): Bidder shall be in conformance with applicable portions of the School Food Authority’s (SFA) agreement under the program. Bidder will conduct program operations in accordance with 7 CFR Parts 210, 215, 220, 225, and 250. Bidder shall provide products that meet Public Law 111-296, the Healthy Hunger-Free Kids Act of 2010 (HHFKA). bidder’s products shall meet grade level caloric, sodium, saturated fat, and trans fat requirements.

20. Copeland Anti-Kickback Act and Davis-Bacon Act (for building projects in excess of $2000):

a. Copeland “Anti-Kickback” Act - All contracts and sub grants in excess of $2000 for construction or repair awarded by recipients and sub recipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act.

b. Davis-Bacon Act - The bidder shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5).

21. Contract Violations or Breach of Contract: The District reserves all administrative, contractual and legal rights and privileges under applicable laws and regulations with respect to this procurement in the event of contractor violation or breach of contract.

22. Rights to Inventions: For all contracts that meet the definition of “funding agreement” and where the District wishes to enter into a contract with a small business firm or non-profit organization, the bidder shall comply with the Rights to Inventions made by non-profit organizations and small business firms under Government Grants, Contracts, and Cooperative Agreements.

SPECIAL INSTRUCTIONS TO BIDDERS

1. District Representative

In accordance with A.A.C. R7-2-1024(B.1.j), and the “Uniform Instructions To Bidders”, the District Representative is Eric Thopmson

2. Questions

All questions related to this Solicitation shall be in writing and directed to ??<<Name, Title>>??, fax to ??<<fax number>>?? or email to ??<<email>>?? Bidders shall not contact or ask questions of the school or department for which the requirement is being procured. All inquiries shall be made a minimum of seven (7) days prior to the specified opening date as directed on Page 1. Any correspondence related to a solicitation shall refer to the appropriate solicitation number, page and paragraph number. All questions will be responded to as soon as possible.

3. Contract Award

It is anticipated that a contract under this bid will be awarded to <a single bidder or multiple bidders>.

4. Multiple Award

Per A.A.C. R7-2-1024(B)(1)(i), the District reserves the right to make a multiple award to more than one supplier. <Will need to include the District’s basis for determining whether to award multiple contracts, and the criteria for selecting vendors for multiple contracts>. Bidders are not required to Bid on all items specified in this Bid. Bidders who provide an “All or Nothing” Bid will be deemed non-responsive.

??OR

The District reserves the right to make a multiple award to more than one supplier. <Will need to include the District’s basis for determining whether to award multiple contracts, and the criteria for selecting vendors for multiple contracts>. Contracts will be awarded by <individual line item, by groups of line items, incrementally, by region or by location>. The award will be limited to the least number of suppliers that the District determines is necessary to meet the needs of the District.

??OR

The District reserves the right to make a multiple award at the discretion of the Governing Board. Per A.A.C.

R7-2-1024(B.1.d), contracts will be awarded <by individual line item, groups of line items, incrementally, by region, or by location>. <Will need to include the District’s basis for determining whether to award multiple contracts, and the criteria for selecting vendors for multiple contracts>.

5. Evaluation and Award Basis

Representatives of the District will evaluate the Bid.

Per A.A.C. R7-2-1031, the Bids will be initially evaluated for conforming to the requirements of the Bid. All those responsible and responsive bidders who met the technical requirements will then be evaluated for pricing and specification of products.

Evaluation criteria are listed below.

A. Cost/Discount Offered – While cost is a significant factor in considering the placement of the awards, it is not the only factor. <when purchasing earth-moving, material handling, road maintenance and construction equipment, bid shall also include total life cycle cost including residual value of the equipment and to the extent practicable, the cost of outright purchase.>

B. Availability of dedicated account representative.