*Rubs hands together*
Who’s ready to talk about drafting solicitation documents for invitation for bids (IFBs) and requests for proposals (RFPs)?!
What’s that? Crickets? Ok, fine.
I know it’s not the most fun topic; however, drafting a well-written solicitation document can make a big difference in how competitive your contracts are and in managing the vendor’s performance.
Competitive Contracts:
- Your appeal as a buyer – vendors who find your document overly complicated might not even try to bid.
- How many vendors are responsive – if your instructions are unclear or overly complicated, you may have to deem many vendors non-responsive, meaning you’ll have to disqualify them.
- How many vendors are responsible – if your contract terms are much stricter than they need to be, you may have to deem many vendors as not responsible and disqualify them.
- Fairness – the procurement process from start to finish must be fair. There are a whole lot of unfair terms you could write into your document (but I’m sure you don’t do that!).
Remember. More competition means lower pricing for you!
Managing Vendor Performance:
- Quality of service – since you outline terms and conditions in your solicitation document, this sets the expectations for vendors for what their quality of service needs to be.
- Legality – all the legal terms of a contract are outlined in your solicitation document. Including the right ones protects your district!
- Peace of mind – a lot of contract terms are like insurance policies. You hope you never have to use it, but it’s good that you have it in case you do.
Working from a Template
Oh honey, please tell me you’re not starting from a blank Word document, are you? No? Okay, good.
To make it easier on you, I suggest starting either from a previous IFB/RFP you issued, an IFB/RFP that another school nutrition program allows you to use, or a state-approved solicitation document template.
Wisconsin and Georgia both have some good ones you can use to start off with. However, when I worked for a state agency, we advised against using another state’s templates because there could be state-specific language in it. So, use those at your own risk.
No matter what solicitation document you start with, you can’t just change the date at the top and call it a day. There’s no template out there that exactly matches each district’s needs, so it is going to need to be customized.
Even if you’re updating a previous document you wrote, you’ve got to read it over carefully every single time.
Every time, Kristen?
Yes, every time. Here’s why:
- Rule Updates: It seems like every year, USDA or our state updates their rules, advise, or interpretation of something procurement-related that causes us to need to update our language.
- Oversights: I often re-read my last solicitation document, only to ask myself, “did I really say that?”. Sometimes it’s a typo; other times it’s worded poorly.
- Growth: You have changing needs or learn lessons along the way that will require you to update your solicitation’s language. You get better at procurement with each solicitation document you write. That means you’re growing, which is a good thing.
One of the best pieces of advice I can offer when it comes to keeping track of all the changes you make to the language in your solicitation documents is to keep a log. Nothing fancy, just a running list of the date and the change.
For example:
9/2019 – added limits to how much we can add to our bid, per state
3/2020 – changed Non-Discrimination Statement to Civil Rights Assurance statement, per state
Etc.
Then, when I need to update my solicitation document, I can look at the date it was issued, and I can tell from my log which changes I need to make.
For example, if I am updating my language from a solicitation document that was issued in January 2020, I can tell from my log above that it should have already included the updated language from September 2019, but it won’t already include the updated language from March 2020.
Since you’re often pulling documents from several years back, this will save you from trying to compare recent documents to old documents to figure out what you need to change.
What Exactly Goes into a Solicitation Document?
Hopefully your template already has these items in it, but you can use the next section as a checklist to make sure it does.
It’s also important to understand why certain terms are included and what they mean.
Let’s break it down into three separate categories: scope, instructions for the vendors, and contract terms.
I’ll use some sample language throughout, but know that your language doesn’t need to be worded exactly like mine. You can (and should) update it to reflect your own preferences and processes. This sample language should not be interpreted as legal advise. If you have any questions or doubts, always check with your state agency.
Scope
You’ll typically start with the scope or intent of the contract to give readers a big picture idea of what you’re looking to buy. This quick intro section allows vendors the chance to quickly decide whether or not this is a contract they are able and interested in pursuing.
Goods or Services to Provide:
This is generally a few sentences on what you are buying. For example:
ABC District is seeking to select a vendor that will provide bread delivery to its schools.
Contract Period
When does this contract start and end? Are there any options for renewal?
The contract shall begin July 1, 2022 and end June 30, 2023. The awarded contract may be renewed up to four (4) additional one-year periods upon mutual agreement between the District and the Awardee.
Renewals
Continuing off the contract period, if you want the option to renew, you’ll need to include some language:
This contract period may be renewed at one-year intervals for up to 4 additional years with price redetermination. Price redetermination is only allowed annually at the time of contract renewal. The District will request the vendor’s price increases and decreases by February 1 of each year. Price increases and decreases must be received no later than March 1 of each year.
Total bottom line price increases and decreases cannot exceed the percent change in the “All Urban Consumers, U.S. Food and Beverages” Index. The base index July at the time of renewal will be divided by the most current published index at the time of award to determine the acceptable percentage for redeterminations. For bid item price changes (increases and decreases), the estimated usage will be considered to determine bottom line final totals. The percentage difference from the total bottom line of the original bid and total bottom line renewal price redetermination will be compared. If the bottom line bid pricing is not within the acceptable price range, the vendor will be asked to revisit the pricing. If the pricing requirements cannot be met, the SFA will rebid.
Award Method
Are you awarding bottom line, line item, or by group? You’ll also want to make it clear whether this is an IFB or an RFP, and you’ll want to ensure you put the terms “responsive and responsible” somewhere in here too.
Sample language for an IFB is:
Bottom Line: This contract will be awarded to the responsive and responsible bidder with the lowest extended bottom line price.
Line Item: Each line item will be awarded to the responsive and responsible bidder with the lowest price for that line item.
Group: Each group of items will be awarded to the responsive and responsible bidder with the lowest extended price for that group.
Sample language for an RFP is:
This contract will be awarded to the responsive and responsible proposer whose proposal is most advantageous to the district, price and other factors considered.
Pricing
Your options here are:
- Fixed price: No price adjustments are allowed. This is typical for one-time purchases.
- Fixed with an economic price adjustment: the price can fluctuate based on the economic conditions. This is common for milk contracts.
- Fixed with a prospective price redetermination: This one requires the price to remain fixed for a timeframe, but allows for price redeterminations at stated times in the contract, usually annually. You have to use some economic index for this contract. This one is common for contracts you intend on renewing multiple years, like food, maintenance, and software.
- Cost-plus fixed fee (RFPs only): the vendor charges you their cost plus a pre-determined fixed fee. This is common in equipment repair services, food service management contracts, etc.
Don’t forget your statement that your SFA is responsible for all contracts awarded.
Wait, what is she talking about?
Yeah, just about every state’s procurement plan template lists this as one of the items you say you will put in your procurement documents, but just about no one does it.
The language would look something like this:
ABD District’s School Nutrition Program is responsible for all contracts awarded.
You’re essentially saying that your department will manage the contract.
Instructions for the Vendors
This section of the solicitation document should include everything the vendors need to know in order to respond to your solicitation. This includes:
Key Dates
Include when their response is due, any deadlines for questions or pre-approved equals, and the dates and locations of the pre-bid conference (if applicable) and the bid opening.
Some districts prefer to have separate paragraphs for each relevant topic, and they put the key dates in the appropriate paragraph. For example:
Written Questions
Written questions must be submitted to kristen@abcdistrict.org by February 18, 2022 at 4pm EST.
Bid Submission
All bids must be in a sealed envelope and addressed to Kristen Nauss, ABC District, 123 Main St, Anywhere, TN 11111. The bid must be received by February 25, 2022 at 4pm EST.
…etc.
Other districts prefer to have a single list of all key dates toward the beginning of the instructions. To me, this makes it easier on both you and the vendor to keep all the dates in one place.
Key Dates
Written Questions: February 18, 2022 at 4pm EST
Bid Submission February 25, 2022 at 4pm EST
Written Questions:
Written questions must be submitted to kristen@abcdistrict.org by the date and time listed in the Key Dates section (found on page 1)
Bid Submission
All bids must be in a sealed envelope and addressed to Kristen Nauss, ABC District, 123 Main St, Anywhere, TN 11111. The bid must be received by the date listed in the Key Dates section (found on page 1).
Whichever method you use, do yourself a favor and only list the relevant date once. You run the risk of making mistakes when you reference the same date in several places.
Submission Requirements
As already hinted above, you need to give specific instructions on how the envelope needs to be address, sealed, and submitted. An example of the wording for an IFB was given above. An RFP might look a little differently:
The technical proposal and cost proposal must be sealed and sent in separate envelopes. The envelopes must be addressed to Kristen Nauss, ABC District, 123 Main St, Anywhere, TN 11111. Both proposals must be received by the date listed in the Key Dates section (found on page 1).
Alternatively, you can have them seal them both and put them in a third sealed envelope OR just put both proposals in one envelope together.
The best practice in an RFP is to have them seal each proposal separately so that you can evaluate the technical proposal first without any pricing influencing your evaluation of the technical proposal.
Bidding “Equals”
If your specifications list a brand, they need to state “or equal” or “or preapproved equal.” You’ll need to give your vendors instructions on what this process looks like for you.
For example, if you let them bid equals without your prior approval, you need to provide instructions for how you’ll determine their “equal” status later. It might look something like this:
Bidders may bid equivalent items if the item matches the description of the specification. After bid submission, the District will evaluate each item to determine acceptability. Samples may be requested for student sampling.
If an item is found to not match the description or the student sampling verifies an inferior acceptability, the item will be treated as a “no bid”. If awarded the contract, the District will work with the Bidder to add an acceptable item, per the bid addition section.
For those that do a pre-approved process, the instructions will look a little different:
Bidders may bid equivalent items if the item matches the description of the specification and prior approval is granted. Bidders must submit all requests for equivalent items to kristen@abcdistrict.org by the date listed on the Key Dates section (found on page 1). Bidders are encouraged to submit requests early and may submit multiple requests, as they will be reviewed on a rolling basis.
Each request must include the product number, nutrition labels, and crediting information. The bidder will be notified within two business days whether or not samples are needed.
The bidder will be notified of approval within one week of request or of sample receipt, whichever is later. A final list of all pre-approved equals will be issued as a bid addendum by the date listed in the Key Dates section (found on page 1).
Remember, by no means does your language need to be worded exactly like this. Customize it to your own needs and preferences!
Bid Opening
You’ll need to let them know the date, time, and location of the bid opening.
Bids will be opened in the ABC District’s Board Room on the date and time listed in the Key Dates section (found on page 1). Attendance is optional.
Completing the Submission
Any other instructions vendors need to know about filling out your forms or submitting the document needs to be outlined. Here are a few examples.
Bid Forms
Bidders must submit all forms using the forms enclosed. Electronic versions are available by emailing kristen@abcdistrict.org; however, if completed by hand, they must be legible and will be subject to disqualification if they cannot be read.
Errors in IFB
If a bidder discovers any ambiguity, discrepancy, omission, or other error in the IFB, the bidder should immediately provide the District with a written notice and request that the IFB be clarified or modified.
Nutrition Labels & Crediting Information
Nutrition labels must be submitted for every item with the bid package. Crediting documentation, such as copies of CN labels or Product Formulation Statements (PFS) should also be submitted for every item that crediting information is available.
These are just a few examples!
Award Calculation
You should have mentioned in the scope section your award method (bottom line, line item, etc.), but here, you want to give the vendors a little more detail on how you’ll calculate the award. Here is an example for bottom-line pricing:
Bottom Line: Bottom-line pricing will be calculated accordingly:
-
- Each item’s estimated usage will be multiplied by the case cost to calculate an extended cost.
- For items that the Bidder bids a different pack size, the District will update the estimated usage to reflect the change in pack size and will round up to the nearest whole case.
- For items that the Bidder enters a “no bid”, the highest quoted price (from the other Bidders) will be used for the item in calculating extensions.
- All extended costs will be added to produce a single bottom-line price.
If this is an RFP, you will need to include the evaluation point system and matrix. The point system might look like:
General Qualifications and Experience: 10 points
Technical Qualifications and Approach: 40 points
Cost Proposal: 50 points
Award Notification
You should let them know how and when they will be notified if they received an award or not.
All bidders will be notified of the awarded bidder via email upon school board approval.
Bid Protest Procedures
This is sometimes called conflict resolution, but either way, it’s in reference to what the vendors need to do in case they disagree with the award. An example is:
In the event a vendor disagrees with the bid process or bid award, the complaint must be filed with the School Nutrition Director within ten business days of the notification of award.
Some states also require or recommend they be made aware of the complaint:
The School Nutrition Director will notify the State School Nutrition Department of the complaint received within three working days. The issue will be attempted to be resolved at the district-level, and the State will be notified of the outcome.
Then go on to explain how you’ll try to resolve the complaint:
In the event the vendor and School Nutrition Program cannot resolve the complaint, the complaint will be presented to the District’s Purchasing Director. If the complaint still cannot be resolved, the issue will be presented to the District’s legal counsel.
Non-Collusion Statement
Collusion is essentially when vendors work together to come up with their pricing or proposals.
For example, if all the apple farmers in the area called each other up and agreed to charge no less than $30 per case of apples for every school that asked for quotes/bids, that would be collusion.
Another example is if they agreed to split up a contract so they could all benefit: they all agree that Farmer Dave will submit the lowest price for granny smith, Farmer Tammy the lowest on gala, and Farmer Tom the lowest on McIntosh.
That is not allowable in federal contracts, so you have to tell your bidders it’s not allowed. Most states also require a form be completed by the vendor.
By submission of the bid, the Bidder certifies that it has done so without collusion with any other Bidder and that the contents have not been communicated to any person outside their organization prior to the official opening of the bid.
Contract Terms
While the previous section of the solicitation document was discussing the bid process (what all the bidders must do to be responsive), the contract terms apply to the contract after the award (what the awardee must do to be responsible).
Minimum Qualifications
This includes any experience, licensure or insurance requirements you require.
For a contract that includes delivery, you might include:
Insurance: All bidders must provide a Certificate of Insurance detailing the following:
Workers Compensation: Statutory State Limit
Employer’s Liability: $1,000,000 per occurrence
Auto (Truck) Liability: $1,000,000 per occurrence
For a contract for refrigerated equipment repair, you might include:
Licensure: technicians must maintain an EPA Section 608 Certification to work on the District’s refrigeration equipment. The Proposer must maintain at least one technician with each Type I, II, and III certification, unless at least one technician has a universal certification.
Performance Standards
This is what the vendor must do during the contract in terms of ordering, delivery, invoicing, making substitutions, credits, handling discontinued products, handling product recalls, etc. One statement you really need is about credits and rebates.
This is not all-inclusive, but some sample language might include:
Invoicing
Invoices must be signed and a copy left with the school upon delivery. The invoice must contain the school name, date of delivery, item code and price, quantity received, extended price for each item, and total price.
All applicable credits, including discounts, rebates, allowances, recoveries, insurance refunds, and adjustments of overpayments or erroneous charges, must be credited to the District’s account, either as a cost reduction or a refund.
Delivery
Deliveries must be made to each site Monday-Friday between 6am and 2pm local time. A delivery schedule must be provided to the School Nutrition Director 2 weeks prior to the contract start date.
Substitutes
When a product is unavailable to deliver, the vendor must first seek approval from the School Nutrition Director or their designee prior to substituting an item. The substituted item must match the specification description and be equal to or lower in price than the item on bid.
Record-Keeping
In order to remain complaint with federal requirements, we have to keep records for 3 years plus the current year; however, your state might have a requirement to keep financial documents longer, so go with whichever requirement is longer.
We need to ensure vendors follow the same recordkeeping requirements in case the USDA or state needs to review something related to our contract.
All records shall be maintained by the awarded bidder for three years after the final payment has been made or until all disputes are resolved, whichever comes last. All such records must be made available to the State Agency, USDA, Comptroller General of the United States, or any of their duly authorized representatives.
Performance Issues
The three biggies you must include are Remedies for a Violation or Breach (for contracts over your small purchase threshold), Termination for Cause (for contracts over $10,000), and Termination for Convenience (for contracts over $10,000).
A breach of contract is when one party fails to perform according to the contract standards.
Termination for Cause is when a party is not performing up to standards, so the other party wishes to terminate the contract. You’ll need to outline the steps that will be taken as you’re discovering problems. You usually need to give the vendor an opportunity to correct problems before you terminate for cause, unless it’s an egregious error.
Termination for Convenience is done without cause. Some states say it needs to be mutually agreed upon, while others say you can terminate if it’s in your best interest.
Here’s some sample language:
Breach of Contract
A party is considered to be in breach of contract if they fail in full or in part to perform any condition of this contract. The party in breach must remedy the breach using the following procedures:
-
- Upon the first violation, the party in breach will be provided with written notice of the issue and a timeline for remedy. If the party in breach fails to remedy the violation within the designated timeline, the contract will be terminated for cause.
-
- Upon the second violation for the same issue, the party in breach will be provided with written notice of the issue and a timeline for remedy, while suspending all payments or services until the violation is remedied. If the party in breach fails to remedy the violation within the designated timeline, the contract will be terminated for cause.
-
- Upon the third violation for the same issue, the contract will be terminated for cause.
Termination for Cause
Termination for cause can result from two pathways:
1) Breach of Contract: these issues are outlined above
2) Egregious Violations: immediate contract termination can result if the Bidder loses required licenses or certificates or causes, or reasonably could cause, life, health, or safety to be jeopardized.
Following termination of the contract, the Bidder will be entitled to compensation, upon submission of invoices and proper proof, for goods and services provided under the contract.
The Bidder will remain ineligible to bid during the current contract period and following contract period. After that exclusion timeframe, the Bidder must supply documentation that the issues for which the contract was terminated have been resolved in order to be eligible for future contracts.
Termination for Convenience
The District may, by 30 day written notice, terminate this contract without cause. Said termination shall not be deemed a breach of contract by the District. The Bidder will be entitled to receive compensation for completed services, but shall not be responsible for which have not been rendered or damages arising from the termination of the contract.
Equal Employment Opportunity
Check with your state, but a simple version many states allow is:
Equal Employment Opportunity
The contractor 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).
Davis-Bacon Act & Copeland Anti-Kickback Act
These should be rare. It only applies to construction contracts over $2,000.
Davis-Bacon Act
The contractor 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).
Copeland “Anti-Kickback” Act
The contractor shall comply with the Copeland Anti-Kickback Act (40 U.S.C. 3145) as supplemented by Department of Labor regulations (29 CFR Part 3).
Contract Work Hours and Safety Standard Act
This one is required for contracts over $100,000, and it requires the vendor pay their mechanics or laborers overtime, per federal regulations.
Contract Work Hours and Safety Standard Act
The contractor 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). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Rights to Inventions Made Under a Contract or Agreement
Required for applicable contracts over $100,000. This provision outlines who obtains the right to an invention made under a government contract related to experimental, developmental, or research-type work. It is probably rare that this would be needed.
Rights to Inventions
If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Clean Air Act and the Federal Water Pollution Control Act
Required for all contracts over $150,000. This one requires that you and your contractor to abide by these two acts and report any violations back to the USDA and the EPA.
Clean Air Act and Federal Water Pollution Control Act
Both parties must comply with the applicable standards, orders or requirements issued under Section 306 of the Clean Air Act [(42 USC 1837 (h)], Section 508 of the Clean Water Act (32 USC 1368), Executive Order 11738, and Environmental Protection Agency (EPA) regulations (40 CFR, Part 15), which prohibit the use under nonexempt federal contracts, grants, or loans of facilities included in the EPA list of violating facilities. The contractor shall report any violations to the SFA, the USDA and to the EPA.
Debarment & Suspension
Required for contracts over $25,000. Basically, the federal government has a list of vendors who musta messed up so badly they can’t do business with any organizations receiving federal dollars (and that’s you!) To meet this requirement, you can either collect a form from them or check the list yourself, but you’ll want to include some language about which option you are using.
Language if you want to use a form:
A contract award cannot be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM). The bidder must submit the enclosed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form, certifying the bidder is not on this exclusion list.
Don’t forget to enclose the form, and be sure to use the USDA form (it can’t be modified!)
Language if you want to check the list yourself:
A contract award cannot be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM). The District will conduct a search on the federal Excluded Parties List System prior to recommending an award. Any bidder found on this list will be disqualified from the award.
Don’t forget to then check the database after the bid opening!
Byrd Anti-Lobbying Amendment
Required for contracts over $100,000. This one requires the bidders to complete a form certifying that they:
- Don’t use federal money to lobby to win a federal contract
- Disclose any non-federal money they use to lobby to win a contract
- Require any subcontractors they employ to complete the same form and turn in to you
Here is some sample language:
Byrd Anti-Lobbying Amendment
The contractor must certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. The contractor must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. When a contractor employs subcontractors, such disclosures are forwarded from tier to tier up to the non-Federal award.
Don’t forget to enclose the form and ensure they complete it! This one does not require a specific form, so you can use your own if you want.
Small and Minority Owned Businesses
You’re required to take steps to ensure small and minority owned businesses are used when possible, so some states want to see contract language stating so.
The more important part (in my opinion) is creating a process that allows vendors that meet one of these criteria to fairly participate and contacting them to encourage them to respond to your bid. But that’s a topic for another day.
Sample language:
The District will take efforts to solicit participation by minority firms, women’s enterprises, labor surplus area businesses, and minority-owned businesses in procurements.
Buy American
Required for food-related contracts. Below is sample language, but you can read more about the requirement here.
This SFA participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practical, 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 Part 210.21(d). Note that products must be both produced and processed in the U.S.
Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception may be approved upon request. To be considered for the alternative or exception, the request must be completed using the “Buy American Certification Form” and submitted with the bid. If a request for an exception occurs after the time of the bid and during the contract period, it must be submitted in writing to the School Nutrition Director a minimum 1 day in advance of delivery.
Failure to complete and sign the “Buy American Certification Form” and include it with the bid response will be considered a non-responsive bid.
If the bidder ships items that have not been approved by the SFA during the contract period, the non-compliance will be addressed as a breach of contract.
Be sure they complete the form, if applicable!
Civil Rights Assurance Statement
This is required for all contracts and provides assurance the vendor will abide by civil rights laws.
The vendor hereby agrees that it will comply with:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);
iii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);
v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189);
vi. Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency.” (August 11, 2000);
vii. All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.);
viii. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);
ix. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.
x. The USDA non-discrimination statement that 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, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).
This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.
Final Thoughts on Solicitation Documents
The toughest part about writing a solicitation document is making sure you include everything you need to include without overcomplicating it and making it unattractive to a vendor.
Your best resource is your state agency. If you don’t understand a certain contract term, need help with wording, or have questions if you’re allowed to do something, they should be able to help you out.
