Food Distribution Program on Indian Reservations 2018 Farm Bill Demonstration Project for Tribal Organizations: Solicitation of Proposals, 3112-3115 [2021-00529]
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necessary to insure the proper
functioning of the law-enforcement
activity, to protect confidential sources
of information, to fulfill promises of
confidentiality, to maintain the integrity
of law-enforcement procedures, to avoid
premature disclosure of the knowledge
of criminal activity and the evidentiary
basis of possible enforcement actions, to
prevent interference with lawenforcement proceedings, to avoid the
disclosure of investigative techniques,
to avoid endangering law-enforcement
personnel, to maintain the ability to
obtain candid and necessary
information, to fulfill commitments
made to sources to protect the
confidentiality of information, to avoid
endangering these sources, and to
facilitate the proper selection or
continuance of the best applicants or
persons for a given position or contract.
Although the primary functions of
USAID are not of a law-enforcement
nature, the mandate to ensure USAID’s
funding does not purposefully or
inadvertently support entities or
individuals deemed to be a risk to
national security necessarily requires
coordination with law-enforcement and
intelligence agencies as well as use of
their information. The use of the
information by these other Departments
or Agencies necessitates the conveyance
of these other systems exemptions to
protect the information as stated. [57 FR
38277, Aug. 24, 1992, as amended at 74
FR 16, Jan. 2, 2009]
Section 215.14 of Part 215 of Title 22
of the Code of Federal Regulation,
Specific Exemptions:
(c) The systems of records to be
exempted under Section (k) of the Act,
the provisions of the Act from which the
Agency is exempting them, and the
justification for the exemptions, appear
below:
(6) Partner Vetting System (PVS). This
system is exempt under Subsections
(k)(1), (k)(2), and (k)(5) of Section 552a
of Title 5 of the U.S.C., and from the
provisions of Subsections (c)(3); (d);
(e)(1); (e)(4)(G), (H), (I); and (f).5 of
Section 552a of U.S.C. 552a. USAID
claims these exemptions to protect the
materials required by Executive Order to
be kept secret in the interest of national
defense or foreign policy, to prevent
subjects of investigation from frustrating
the investigatory process, to ensure the
proper functioning and integrity of lawenforcement activities, to prevent the
disclosure of investigative techniques,
to maintain the ability to obtain candid
and necessary information, to fulfill
commitments made to sources to protect
the confidentiality of information, to
avoid endangering these sources, and to
facilitate the proper selection or
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continuance of the best applicants or
persons for a given position or contract.
[57 FR 38277, Aug. 24, 1992, as
amended at 74 FR 17, Jan. 2, 2009]
HISTORY:
USAID established the PVS as a new
system of records on August 27, 2007
(72FR 39042).
USAID modified the PVS system of
records on January 10, 2013 (77 FR
72319).
Celida Ann Malone,
Government Privacy Task Lead.
[FR Doc. 2021–00450 Filed 1–13–21; 8:45 am]
BILLING CODE 6116–02–P
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Food Distribution Program on Indian
Reservations 2018 Farm Bill
Demonstration Project for Tribal
Organizations: Solicitation of
Proposals
Food and Nutrition Service
(FNS), USDA.
ACTION: Notice.
AGENCY:
The Department of
Agriculture (USDA) Food and Nutrition
Service (FNS) is soliciting proposals
from eligible Tribal Organizations to
participate in a demonstration project to
purchase agricultural commodities for
the Food Distribution Program on
Indian Reservations (FDPIR). This
demonstration project is authorized
under the Agriculture Improvement Act
of 2018. Participation in this
demonstration project is available to
Tribal Organizations that administer
FDPIR. Tribal organizations will be
selected on a competitive basis and
funding will be awarded through a selfdetermination contract.
DATES: Proposals will be accepted until
11:59 p.m. ET on March 15, 2021. See
ADDRESSES section for submission
details.
SUMMARY:
Email proposals to FDPIRRC@usda.gov with subject line ‘‘FDPIR
Demonstration Project’’. Proposals
received and date-stamped after the
time listed in the DATES section of this
notice will not be considered. FNS will
accept proposals at any time before the
deadline and will send a notification of
receipt to the return email address on
the proposal package, along with a
determination of whether the proposal
is complete.
FOR FURTHER INFORMATION CONTACT:
Barbara Lopez, Food Distribution
Division, Food and Nutrition Service,
ADDRESSES:
PO 00000
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U.S. Department of Agriculture, 1320
Braddock Place, Alexandria, Virginia
22314, 703–305–2465, or email FDPIRRC@usda.gov.
SUPPLEMENTARY INFORMATION:
I. Program Background
II. 2018 Farm Bill: Demonstration Project for
Tribal Organizations
III. Eligibility and Criteria
A. Eligibility of Tribal Organization
B. Agricultural Commodity Criteria
IV. Review, Selection and Evaluation
A. Review and Selection Process
B. Evaluation Criteria
V. Proposal Template
I. Program Background
The Food Distribution Program on
Indian Reservations (FDPIR) is
administered by the Food and Nutrition
Service (FNS) of the USDA and provides
a food package of 100 percent
domestically grown foods to incomeeligible households living on Indian
reservations and to American Indian
households residing in approved areas
near reservations or in Oklahoma.
FDPIR was authorized under the Food
Stamp Act of 1977 (Pub. L. 95–113),
which was later renamed the Food and
Nutrition Act of 2008 (FNA). FDPIR is
currently administered by 102 Tribal
Organizations and three State agencies
and provides benefits and nutrition
education services to approximately 276
Federally recognized Tribes across the
United States. In FY 2020, the program
served approximately 75,500
individuals on an average monthly
basis. Each month, participating FDPIR
households receive a defined food
package to help maintain a nutritionally
balanced diet. Based on FNS guidance,
participants may select from over 100
domestically grown and produced
foods, including fresh fruits and
vegetables, a variety of frozen and
nonperishable items, and a selection of
traditional foods.
FDPIR administering agencies order
foods from USDA (i.e., USDA Foods),
and the foods are purchased and
shipped to Tribal Organizations and
State agencies that administer FDPIR.
These administering agencies store and
distribute the foods, determine
applicant eligibility, and provide
nutrition education to participants.
USDA provides the administering
agencies with funds for program
administrative costs.
II. 2018 Farm Bill: Demonstration
Project for Tribal Organizations
Currently, the USDA Foods provided
in the FDPIR food package are procured
by USDA’s Agricultural Marketing
Service (AMS) in collaboration with
FNS. USDA purchases and ships the
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USDA Foods to Tribal Organizations
and State agencies that administer
FDPIR. Tribal Organizations and State
agencies store and distribute the foods,
determine applicant eligibility, and
provide nutrition education to
recipients. Section 4003(b) of the
Agriculture Improvement Act of 2018
(Pub. L. 115–334, the 2018 Farm Bill)
establishes a demonstration project for
one or more Tribal Organization(s)
within FDPIR to enter into selfdetermination contracts for them to
purchase foods for their Indian Tribe,
instead of USDA, for inclusion in the
FDPIR food package. Section
4003(b)(1)(E) of the 2018 Farm Bill
defines self-determination contract as:
The term ‘‘self-determination contract’’
has the meaning given the term in
section 4 of the Indian SelfDetermination and Education
Assistance Act (25 U.S.C. 5304). Under
Section 4003(b)(2), the 2018 Farm Bill
further states that the ‘‘Secretary shall
establish a demonstration project under
which 1 or more tribal organizations
may enter into self-determination
contracts to purchase agricultural
commodities under the food distribution
program for the Indian reservation of
that tribal organization.’’ Given the
2018 Farm Bill’s specific reference to 25
U.S.C. 5304 and self-determination
contracts only, Tribal Organizations
selected to participate in this
demonstration project would need to
enter into a self-determination contract
with FNS. No other type of funding
agreement will be allowed.
Self-determination contracts, as
defined under Section 4 of the Indian
Self-Determination and Education
Assistance Act (ISDEAA), Public Law
93–638 (25 U.S.C. 5304), as amended,
allow a Tribal Organization to have
more control over the governmental
affairs of their Organizations, fostering
further self-governance. The 2018 Farm
Bill provision under Section 4003(b)
supports Tribal Organization selfgovernance by specifically allowing
Tribal Organizations to procure FDPIR
food instead of USDA. This provision
also allows FNS to familiarize itself
with these types of contracts and to
assess how FDPIR could operate under
such a food distribution program model.
FNS received $3.0 million to support
this demonstration project through the
Further Consolidated Appropriations
Act of 2020 (Pub. L. 116–94). Section
4003(b)(6)(B) of the 2018 Farm Bill
states that only funds appropriated to
the Secretary of Agriculture in advance
to carry out Section 4003(b) may be
used to carry out this demonstration
project. Per this statutory language, the
only funds currently available to carry
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out this demonstration project is the
$3.0 million appropriated by Congress
in the Further Consolidated
Appropriations Act of 2020 (Pub. L.
116–94). This appropriated amount
must cover all costs associated with the
demonstration project, including food
procurement costs and contract support
costs. In addition, FNS is interested in
ensuring that more than one Tribal
Organization participates in this
demonstration project. Given the
amount of available funds, individual
proposals may not exceed $1.5 million.
Should additional funding be
appropriated by Congress for this
demonstration project, FNS reserves the
right to use this solicitation to select
additional proposals or extend an
existing contract already awarded under
this demonstration project.
The 2018 Farm Bill outlined the
following criteria for Tribal
Organization participation and
procurement of agricultural
commodities:
D Selection of Tribal Organization
(Section 4003(b)(3)(B) of the 2018 Farm
Bill): The Secretary of USDA shall select
for participation in the demonstration
project Tribal Organizations that: Are
successfully administering FDPIR under
section 4(b)(2)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C.
2013(b)(2)(B)); have the capacity to
purchase agricultural commodities for
their FDPIR program; and meet any
other criteria determined by the
Secretary of USDA after consultation
with the Secretary of the Interior and
Indian Tribes to participate in the
demonstration project.
D Procurement of Agricultural
Commodities (Section 4003(b)(4) of the
2018 Farm Bill): Tribal Organizations
selected to participate in the
demonstration project shall only
purchase agricultural commodities that:
Are domestically produced; will
supplant, not supplement, the type of
agricultural commodities in the existing
FDPIR food package; are of similar or
higher nutritional value as the food(s) it
is replacing in the existing food
package; and meet any other criteria as
determined by the Secretary of USDA.
III. Eligibility and Criteria
During fiscal years (FY) 2019, 2020
and 2021, FNS engaged in six Tribal
consultation meetings with Tribal
leaders to receive input and feedback on
the criteria for FDPIR Tribes to
participate in the demonstration project.
This feedback has been incorporated
into the criteria outlined below to the
greatest extent possible.
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A. Eligibility of Tribal Organization
1. Tribal Organization must
administer FDPIR at the time a proposal
is due, either under a direct agreement
with FNS or under an agreement with
a State agency. The self-determination
contract will be between FNS and the
Tribal Organization.
2. Prior to contract negotiations, a
Tribal Resolution from the Tribal
Council authorizing the Tribal
Organization to participate in this
demonstration project must be
submitted with the proposal. Tribal
Organizations are encouraged to submit
a Tribal Resolution with its proposal.
However, if the Tribal Resolution is
unavailable at the time the proposal is
due, a Tribal Organization may
alternatively submit a statement
affirming that a Tribal Resolution with
this authorization has been requested of
the Tribal Council and provide the date
the Tribal Resolution is expected to be
received in their proposal. Tribal
Resolutions must be received no later
than 30 days after notification of being
selected or the proposal will be
disqualified and will not be selected for
funding.
3. Tribal Organization must
demonstrate success in administering
FDPIR. FNS will evaluate this based on
the following:
D Tribal Organization must have a
current Plan of Operation on file with
FNS or with the State agency, if
applicable, that meets the regulatory
requirements of 7 CFR part 253;
D Tribal Organization must be in
compliance with regulatory inventory
storage and inventory management
requirements at 7 CFR 250.12; and
D Tribal Organization must have no
outstanding financial or inventoryrelated FNS management evaluation
findings. If an FNS management
evaluation has not been conducted
within the last three years, a copy of the
most recent Tribal audit report must be
submitted.
4. Tribal Organization must have
capacity to purchase one or more
agricultural commodities meeting all the
criteria under III.B. of this notice.
5. Tribal Organization must provide a
budget proposal and narrative with all
associated costs that will be carried out
under the contract. The budget
proposal, including all contract support
costs (CSC), may not exceed $1.5
million.
6. Tribal Organization must submit a
complete proposal by the published due
date. A proposal template is provided as
part of this notice in section V. The
template is not mandatory; a proposal
will be accepted for review as long as it
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meets all the applicable criteria in this
notice.
B. Agricultural Commodity Criteria
In addition to the information and
documentation required under III.A. of
this notice, a Tribal Organization must
also provide the following information
in its proposal:
1. Identification of the current FDPIR
food(s) the Tribal Organization intends
to supplant (i.e., replace) in the food
package. All foods currently offered by
USDA for the FDPIR program, including
foods offered intermittently (e.g.,
traditional foods, bonus foods), are
eligible to be supplanted if proposed by
the Tribal Organization.
2. A description of the available
food(s) proposed for purchase and
inclusion in the Tribal Organization’s
FDPIR program. In its description,
Tribal Organization must provide the
following:
D An attestation that the proposed
food(s) is a product grown, processed,
and otherwise prepared for sale or
distribution exclusively in the United
States.
D A description of the nutritional
value of the proposed food(s) and an
explanation of how the proposed food(s)
is of similar or higher nutritional value
than the food(s) being supplanted. The
proposed food(s) does not need to
provide the same specific nutrient
profile as the food it is replacing.
Alternately, Tribal Organizations may
describe how the proposed food(s) is
nutritionally similar to items in the
FDPIR food package category it is
replacing. It is not necessary to draw a
direct comparison to the specific food
being supplanted. For example:
• If a Tribal Organization proposes to
supplant frozen blueberries in the
FDPIR food package fruit category with
a berry traditional to its culture, the
Tribal Organization may explain how
the traditional berry is nutritionally
similar to other fruits currently offered
in the fruit category. A comparison of
the specific nutrients in frozen
blueberries compared to the traditional
berry is not required.
• For FDPIR food package categories,
please reference Exhibit O: Food
Distribution Program on Indian
Reservations Monthly Distribution
Guide Rates by Household Size
(Distribution Rates).
D A description of Tribal
Organization’s capacity to obtain the
proposed food(s) in a quantity that
meets estimated participant demand. In
its description, the Tribal Organization
must confirm proposed food(s) will be
offered to all participants served by its
program.
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D The estimated number of months the
proposed food(s) will be distributed to
Tribal Organization’s existing FDPIR
caseload. A minimum six-month
distribution is required (consecutive or
non-consecutive).
D Documentation that the proposed
food(s) is commercially available (i.e.,
presently being sold through
commercial channels to the public by
the vendor(s) from which the Tribal
Organization is proposing to procure the
food(s)).
D Letter(s) of Support from vendor(s)
which will supply the food(s). Letter(s)
should certify that vendor(s) sells
food(s) commercially and offers food(s)
that is a product grown, processed, and
otherwise prepared for sale or
distribution entirely in the United
States.
IV. Review, Selection and Evaluation
A. Review and Selection Process
Funding, under this solicitation, will
be provided via self-determination
contracts, as defined by Section 4 of the
ISDEAA, to at least two Tribal
Organizations that meet the eligibility
criteria established under section III.
above. As part of the selection process,
FNS will pre-screen and review all
proposals to ensure they contain the
required documents and information.
Upon receiving a proposal, FNS will
determine whether the proposal is
complete within 7 calendar days. If a
proposal is received before the deadline
but is determined to be incomplete, the
applicant will be notified and given the
opportunity to submit missing items
within 7 calendar days of being notified.
If there are less than 7 calendar days
from the date of notification and the
deadline or the notification occurs after
the deadline has passed, the applicant
will still be given 7 calendar days to
submit the missing items, but this is
only available to proposals that were
initially received before the deadline.
Any initial proposals, whether complete
or incomplete, received after the
deadline will not be considered.
Timely, complete proposals will be
given to the FNS review panel to be
evaluated and scored against the
ranking criteria. Proposals will be
evaluated using the four ranking criteria
listed below, under section IV.B.
Evaluation Criteria, with a maximum
achievable total of 100 points. The FNS
review panel may ask applicants for
additional clarification prior to final
selection.
Final award selections will be
approved by the FNS Administrator.
Tribal Organizations not selected for
award will be notified in writing. FNS
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reserves the right to use this solicitation
to select additional proposals or extend
an existing contract already awarded
under this demonstration project should
additional funds be made available
through future appropriations.
B. Evaluation Criteria
The following selection criteria will
be used to evaluate proposals for this
demonstration project. FNS reserves the
right to select proposals to meet
geographical representation or project
diversity notwithstanding the points
awarded to each proposal. To the extent
possible, FNS will ensure that the
selected proposals, when considered as
a group, test a range of geographic
location, program size, and diversity in
food selection. Tribal leaders, during
consultation, also requested FNS
consider selecting proposals that test a
range of programs as much as possible.
Program Administration: 20 points. A
proposal will be evaluated under this
criterion for applicant’s effectiveness in
successfully administering FDPIR.
Evaluation will be based on the factors
listed under section III.A.3 of this
notice.
Project Viability: 30 points. A
proposal will be evaluated on its
strength in demonstrating Tribal
Organization capacity to purchase
agricultural commodities for the FDPIR
program. The panel will evaluate the
project viability by examining: (1) The
applicant’s ability to obtain the
proposed food(s) in a quantity that
meets estimated participant demand; (2)
the applicant’s ability to obtain the
proposed food(s) for a minimum sixmonth distribution (consecutive or nonconsecutive); and (3) the vendor letter(s)
of support included with proposal.
Agricultural Commodity Description:
20 points. A proposal will be evaluated
under this criterion for the agricultural
commodity it proposes to introduce to
the FDPIR program and the degree to
which the proposed food meets project
requirements, including that: (1) The
proposed food(s) is a product grown,
processed, and otherwise prepared for
sale or distribution entirely in the
United States; and (2) the proposed
food(s) is of similar or higher nutritional
value than the food(s) being supplanted.
Budget: 30 points. A proposal will be
evaluated under this criterion for the
degree to which its proposed budget is
reasonable, necessary, and allocable to
costs associated with this demonstration
project during its proposed period of
performance. The budget narrative
should correspond with the proposed
line item budget and must justify and
support the bona fide needs of the
budget’s line item costs. Proposal
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budgets must not exceed $1.5 million,
including contract support costs.
V. Proposal Template
The following proposal template is
provided for the convenience of
applicants. The use of this template is
recommended but not mandatory. A
proposal will be accepted for review as
long as it meets all the applicable
criteria in this notice. Email completed
proposals to FDPIR-RC@usda.gov with
subject line ‘‘FDPIR Demonstration
Project’’. Proposals will be accepted
until 11:59 p.m. ET on March 15, 2021.
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A. Tribal Organization Information
Please provide the following
information:
1. Full name, address, and telephone
number of Tribal Organization
proposing to contract.
2. Full name, address, telephone
number, and email of Tribal
Organization’s main contact for this
proposal.
3. A copy of signed Federal-State
Agreement (FNS–74) with FNS or of
signed agreement with the FDPIR State
agency.
4. A copy of current FDPIR Plan of
Operation.
5. A copy of most recent FNS FDPIR
management evaluation within the last
three (3) years or, if the management
evaluation is not available, copy of most
recent Tribal audit report.
6. A Tribal Resolution from the Tribal
Council authorizing the Tribal
Organization to participate in this
demonstration project or a statement
affirming that a Tribal Resolution with
this authorization has been requested of
the Tribal Council and will be
submitted prior to contract negotiations
and within 30 days, if selected.
7. A detailed description of Tribal
Organization’s capacity to purchase the
proposed food(s) for its FDPIR program.
B. Agricultural Commodity Procurement
Please provide the following
information:
1. Identification of food(s) from the
current FDPIR food package the Tribal
Organization intends to supplant (i.e.,
replace).
2. A detailed description of food(s)
proposed for purchase and inclusion in
the FDPIR program by Tribal
Organization. Specifically, the following
information must be included:
a. An attestation that the proposed
food(s) is a product grown, processed,
and otherwise prepared for sale or
distribution exclusively in the United
States. See also #5 of this proposal
template.
b. A description of the nutritional
value of the proposed food(s) and
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explanation of how the proposed food(s)
is of similar or higher nutritional value
than the food(s) being supplanted.
Alternately, Tribal Organizations may
describe how the proposed food(s) is
nutritionally similar to the items in the
FDPIR food package category of the food
it is replacing rather than drawing a
direct nutritional comparison to the
specific food being supplanted. For
example:
D If a Tribal Organization proposes to
supplant frozen blueberries in the
FDPIR food package fruit category
(Exhibit O) with a berry traditional to its
culture, the Tribal Organization may
explain how the traditional berry is
nutritionally similar to other fruits
currently offered in the fruit category. A
comparison of the specific nutrients in
frozen blueberries compared to the
traditional berry is not required.
c. A description of Tribal
Organization’s capacity to obtain the
proposed food(s) in a quantity that
meets estimated participant demand. In
the description, Tribal Organization
must confirm proposed food(s) will be
offered to all FDPIR participants served
by its program.
d. The estimated number of months
the proposed food(s) will be distributed
to Tribal Organization’s existing FDPIR
caseload. A minimum six-month
distribution is required (consecutive or
non-consecutive).
e. Documentation that the proposed
food(s) is commercially available (i.e.,
presently being sold to the public
through commercial channels by the
vendor(s) from which the Tribal
Organization is proposing to procure the
food(s)). See also #5 of this proposal
template.
3. A proposed budget and narrative of
estimated costs. Budget proposal,
including all contract support costs,
may not exceed $1.5 million. The
proposed budget must include the
following:
a. The total amount of funds
requested.
b. A budget narrative that describes
all major line-item expenditures that are
proposed.
c. A breakout of the amount of funds
requested by the following categories:
D Food purchases
D Personnel
D Equipment
D Materials and supplies
D Travel
D Other allowable costs
d. An estimate and description of all
contract support costs.
4. A proposed period of performance
to perform contract activities.
5. Letter(s) of Support from vendor(s)
which will supply the food(s). Letter(s)
should certify that vendor(s):
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D Sells food(s) commercially; and
D Offers food(s) that is a product
grown, processed, and otherwise
prepared for sale or distribution
exclusively in the United States.
Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2021–00529 Filed 1–13–21; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Forest Service
Newspapers Used for Publication of
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Region; Oregon, Washington, and
Parts of California
Forest Service, USDA.
Notice.
AGENCY:
ACTION:
This notice lists the
newspapers that will be used by the
Ranger Districts, Forests and Regional
Office of the Pacific Northwest Region
to publish legal notices required under
Agency regulations. The intended effect
of this action is to inform interested
members of the public which
newspapers the Forest Service will use
to publish notices of proposed actions
and notices of decision. This will
provide the public with constructive
notice of Forest Service proposals and
decisions, provide information on the
procedures to comment, object, or
appeal, and establish the date that the
Forest Service will use to determine if
comments, appeals, or objection were
timely.
DATES: Publication of legal notices in
the listed newspapers begins on the date
of this publication. This list of
newspapers will remain in effect until a
new list is published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Sue
Dixon, Regional Environmental
Coordinator, Pacific Northwest Region,
1220 Southwest Third Avenue,
Portland, OR 97204 and by phone at
(503) 808–2276 or by email at
sue.dixon@usda.gov.
SUPPLEMENTARY INFORMATION: The
administrative procedures at 36 CFR
218, and 219 require the Forest Service
to publish notices in a newspaper of
general circulation. The content of the
notices is specified in 36 CFR 218 and
219. In general, the notices will identify:
The decision or project by title or
subject matter; the name and title of the
official making the decision; how to
obtain additional information; and
where and how to file comments or
appeals/objection. The date the notice is
SUMMARY:
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[Federal Register Volume 86, Number 9 (Thursday, January 14, 2021)]
[Notices]
[Pages 3112-3115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00529]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Food Distribution Program on Indian Reservations 2018 Farm Bill
Demonstration Project for Tribal Organizations: Solicitation of
Proposals
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Notice.
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SUMMARY: The Department of Agriculture (USDA) Food and Nutrition
Service (FNS) is soliciting proposals from eligible Tribal
Organizations to participate in a demonstration project to purchase
agricultural commodities for the Food Distribution Program on Indian
Reservations (FDPIR). This demonstration project is authorized under
the Agriculture Improvement Act of 2018. Participation in this
demonstration project is available to Tribal Organizations that
administer FDPIR. Tribal organizations will be selected on a
competitive basis and funding will be awarded through a self-
determination contract.
DATES: Proposals will be accepted until 11:59 p.m. ET on March 15,
2021. See ADDRESSES section for submission details.
ADDRESSES: Email proposals to [email protected] with subject line
``FDPIR Demonstration Project''. Proposals received and date-stamped
after the time listed in the DATES section of this notice will not be
considered. FNS will accept proposals at any time before the deadline
and will send a notification of receipt to the return email address on
the proposal package, along with a determination of whether the
proposal is complete.
FOR FURTHER INFORMATION CONTACT: Barbara Lopez, Food Distribution
Division, Food and Nutrition Service, U.S. Department of Agriculture,
1320 Braddock Place, Alexandria, Virginia 22314, 703-305-2465, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Program Background
II. 2018 Farm Bill: Demonstration Project for Tribal Organizations
III. Eligibility and Criteria
A. Eligibility of Tribal Organization
B. Agricultural Commodity Criteria
IV. Review, Selection and Evaluation
A. Review and Selection Process
B. Evaluation Criteria
V. Proposal Template
I. Program Background
The Food Distribution Program on Indian Reservations (FDPIR) is
administered by the Food and Nutrition Service (FNS) of the USDA and
provides a food package of 100 percent domestically grown foods to
income-eligible households living on Indian reservations and to
American Indian households residing in approved areas near reservations
or in Oklahoma. FDPIR was authorized under the Food Stamp Act of 1977
(Pub. L. 95-113), which was later renamed the Food and Nutrition Act of
2008 (FNA). FDPIR is currently administered by 102 Tribal Organizations
and three State agencies and provides benefits and nutrition education
services to approximately 276 Federally recognized Tribes across the
United States. In FY 2020, the program served approximately 75,500
individuals on an average monthly basis. Each month, participating
FDPIR households receive a defined food package to help maintain a
nutritionally balanced diet. Based on FNS guidance, participants may
select from over 100 domestically grown and produced foods, including
fresh fruits and vegetables, a variety of frozen and nonperishable
items, and a selection of traditional foods.
FDPIR administering agencies order foods from USDA (i.e., USDA
Foods), and the foods are purchased and shipped to Tribal Organizations
and State agencies that administer FDPIR. These administering agencies
store and distribute the foods, determine applicant eligibility, and
provide nutrition education to participants. USDA provides the
administering agencies with funds for program administrative costs.
II. 2018 Farm Bill: Demonstration Project for Tribal Organizations
Currently, the USDA Foods provided in the FDPIR food package are
procured by USDA's Agricultural Marketing Service (AMS) in
collaboration with FNS. USDA purchases and ships the
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USDA Foods to Tribal Organizations and State agencies that administer
FDPIR. Tribal Organizations and State agencies store and distribute the
foods, determine applicant eligibility, and provide nutrition education
to recipients. Section 4003(b) of the Agriculture Improvement Act of
2018 (Pub. L. 115-334, the 2018 Farm Bill) establishes a demonstration
project for one or more Tribal Organization(s) within FDPIR to enter
into self-determination contracts for them to purchase foods for their
Indian Tribe, instead of USDA, for inclusion in the FDPIR food package.
Section 4003(b)(1)(E) of the 2018 Farm Bill defines self-determination
contract as: The term ``self-determination contract'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304). Under Section 4003(b)(2),
the 2018 Farm Bill further states that the ``Secretary shall establish
a demonstration project under which 1 or more tribal organizations may
enter into self-determination contracts to purchase agricultural
commodities under the food distribution program for the Indian
reservation of that tribal organization.'' Given the 2018 Farm Bill's
specific reference to 25 U.S.C. 5304 and self-determination contracts
only, Tribal Organizations selected to participate in this
demonstration project would need to enter into a self-determination
contract with FNS. No other type of funding agreement will be allowed.
Self-determination contracts, as defined under Section 4 of the
Indian Self-Determination and Education Assistance Act (ISDEAA), Public
Law 93-638 (25 U.S.C. 5304), as amended, allow a Tribal Organization to
have more control over the governmental affairs of their Organizations,
fostering further self-governance. The 2018 Farm Bill provision under
Section 4003(b) supports Tribal Organization self-governance by
specifically allowing Tribal Organizations to procure FDPIR food
instead of USDA. This provision also allows FNS to familiarize itself
with these types of contracts and to assess how FDPIR could operate
under such a food distribution program model.
FNS received $3.0 million to support this demonstration project
through the Further Consolidated Appropriations Act of 2020 (Pub. L.
116-94). Section 4003(b)(6)(B) of the 2018 Farm Bill states that only
funds appropriated to the Secretary of Agriculture in advance to carry
out Section 4003(b) may be used to carry out this demonstration
project. Per this statutory language, the only funds currently
available to carry out this demonstration project is the $3.0 million
appropriated by Congress in the Further Consolidated Appropriations Act
of 2020 (Pub. L. 116-94). This appropriated amount must cover all costs
associated with the demonstration project, including food procurement
costs and contract support costs. In addition, FNS is interested in
ensuring that more than one Tribal Organization participates in this
demonstration project. Given the amount of available funds, individual
proposals may not exceed $1.5 million. Should additional funding be
appropriated by Congress for this demonstration project, FNS reserves
the right to use this solicitation to select additional proposals or
extend an existing contract already awarded under this demonstration
project.
The 2018 Farm Bill outlined the following criteria for Tribal
Organization participation and procurement of agricultural commodities:
[ssquf] Selection of Tribal Organization (Section 4003(b)(3)(B) of
the 2018 Farm Bill): The Secretary of USDA shall select for
participation in the demonstration project Tribal Organizations that:
Are successfully administering FDPIR under section 4(b)(2)(B) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)(2)(B)); have the
capacity to purchase agricultural commodities for their FDPIR program;
and meet any other criteria determined by the Secretary of USDA after
consultation with the Secretary of the Interior and Indian Tribes to
participate in the demonstration project.
[ssquf] Procurement of Agricultural Commodities (Section 4003(b)(4)
of the 2018 Farm Bill): Tribal Organizations selected to participate in
the demonstration project shall only purchase agricultural commodities
that: Are domestically produced; will supplant, not supplement, the
type of agricultural commodities in the existing FDPIR food package;
are of similar or higher nutritional value as the food(s) it is
replacing in the existing food package; and meet any other criteria as
determined by the Secretary of USDA.
III. Eligibility and Criteria
During fiscal years (FY) 2019, 2020 and 2021, FNS engaged in six
Tribal consultation meetings with Tribal leaders to receive input and
feedback on the criteria for FDPIR Tribes to participate in the
demonstration project. This feedback has been incorporated into the
criteria outlined below to the greatest extent possible.
A. Eligibility of Tribal Organization
1. Tribal Organization must administer FDPIR at the time a proposal
is due, either under a direct agreement with FNS or under an agreement
with a State agency. The self-determination contract will be between
FNS and the Tribal Organization.
2. Prior to contract negotiations, a Tribal Resolution from the
Tribal Council authorizing the Tribal Organization to participate in
this demonstration project must be submitted with the proposal. Tribal
Organizations are encouraged to submit a Tribal Resolution with its
proposal. However, if the Tribal Resolution is unavailable at the time
the proposal is due, a Tribal Organization may alternatively submit a
statement affirming that a Tribal Resolution with this authorization
has been requested of the Tribal Council and provide the date the
Tribal Resolution is expected to be received in their proposal. Tribal
Resolutions must be received no later than 30 days after notification
of being selected or the proposal will be disqualified and will not be
selected for funding.
3. Tribal Organization must demonstrate success in administering
FDPIR. FNS will evaluate this based on the following:
[ssquf] Tribal Organization must have a current Plan of Operation
on file with FNS or with the State agency, if applicable, that meets
the regulatory requirements of 7 CFR part 253;
[ssquf] Tribal Organization must be in compliance with regulatory
inventory storage and inventory management requirements at 7 CFR
250.12; and
[ssquf] Tribal Organization must have no outstanding financial or
inventory-related FNS management evaluation findings. If an FNS
management evaluation has not been conducted within the last three
years, a copy of the most recent Tribal audit report must be submitted.
4. Tribal Organization must have capacity to purchase one or more
agricultural commodities meeting all the criteria under III.B. of this
notice.
5. Tribal Organization must provide a budget proposal and narrative
with all associated costs that will be carried out under the contract.
The budget proposal, including all contract support costs (CSC), may
not exceed $1.5 million.
6. Tribal Organization must submit a complete proposal by the
published due date. A proposal template is provided as part of this
notice in section V. The template is not mandatory; a proposal will be
accepted for review as long as it
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meets all the applicable criteria in this notice.
B. Agricultural Commodity Criteria
In addition to the information and documentation required under
III.A. of this notice, a Tribal Organization must also provide the
following information in its proposal:
1. Identification of the current FDPIR food(s) the Tribal
Organization intends to supplant (i.e., replace) in the food package.
All foods currently offered by USDA for the FDPIR program, including
foods offered intermittently (e.g., traditional foods, bonus foods),
are eligible to be supplanted if proposed by the Tribal Organization.
2. A description of the available food(s) proposed for purchase and
inclusion in the Tribal Organization's FDPIR program. In its
description, Tribal Organization must provide the following:
[ssquf] An attestation that the proposed food(s) is a product
grown, processed, and otherwise prepared for sale or distribution
exclusively in the United States.
[ssquf] A description of the nutritional value of the proposed
food(s) and an explanation of how the proposed food(s) is of similar or
higher nutritional value than the food(s) being supplanted. The
proposed food(s) does not need to provide the same specific nutrient
profile as the food it is replacing. Alternately, Tribal Organizations
may describe how the proposed food(s) is nutritionally similar to items
in the FDPIR food package category it is replacing. It is not necessary
to draw a direct comparison to the specific food being supplanted. For
example:
If a Tribal Organization proposes to supplant frozen
blueberries in the FDPIR food package fruit category with a berry
traditional to its culture, the Tribal Organization may explain how the
traditional berry is nutritionally similar to other fruits currently
offered in the fruit category. A comparison of the specific nutrients
in frozen blueberries compared to the traditional berry is not
required.
For FDPIR food package categories, please reference
Exhibit O: Food Distribution Program on Indian Reservations Monthly
Distribution Guide Rates by Household Size (Distribution Rates).
[ssquf] A description of Tribal Organization's capacity to obtain
the proposed food(s) in a quantity that meets estimated participant
demand. In its description, the Tribal Organization must confirm
proposed food(s) will be offered to all participants served by its
program.
[ssquf] The estimated number of months the proposed food(s) will be
distributed to Tribal Organization's existing FDPIR caseload. A minimum
six-month distribution is required (consecutive or non-consecutive).
[ssquf] Documentation that the proposed food(s) is commercially
available (i.e., presently being sold through commercial channels to
the public by the vendor(s) from which the Tribal Organization is
proposing to procure the food(s)).
[ssquf] Letter(s) of Support from vendor(s) which will supply the
food(s). Letter(s) should certify that vendor(s) sells food(s)
commercially and offers food(s) that is a product grown, processed, and
otherwise prepared for sale or distribution entirely in the United
States.
IV. Review, Selection and Evaluation
A. Review and Selection Process
Funding, under this solicitation, will be provided via self-
determination contracts, as defined by Section 4 of the ISDEAA, to at
least two Tribal Organizations that meet the eligibility criteria
established under section III. above. As part of the selection process,
FNS will pre-screen and review all proposals to ensure they contain the
required documents and information. Upon receiving a proposal, FNS will
determine whether the proposal is complete within 7 calendar days. If a
proposal is received before the deadline but is determined to be
incomplete, the applicant will be notified and given the opportunity to
submit missing items within 7 calendar days of being notified. If there
are less than 7 calendar days from the date of notification and the
deadline or the notification occurs after the deadline has passed, the
applicant will still be given 7 calendar days to submit the missing
items, but this is only available to proposals that were initially
received before the deadline. Any initial proposals, whether complete
or incomplete, received after the deadline will not be considered.
Timely, complete proposals will be given to the FNS review panel to
be evaluated and scored against the ranking criteria. Proposals will be
evaluated using the four ranking criteria listed below, under section
IV.B. Evaluation Criteria, with a maximum achievable total of 100
points. The FNS review panel may ask applicants for additional
clarification prior to final selection.
Final award selections will be approved by the FNS Administrator.
Tribal Organizations not selected for award will be notified in
writing. FNS reserves the right to use this solicitation to select
additional proposals or extend an existing contract already awarded
under this demonstration project should additional funds be made
available through future appropriations.
B. Evaluation Criteria
The following selection criteria will be used to evaluate proposals
for this demonstration project. FNS reserves the right to select
proposals to meet geographical representation or project diversity
notwithstanding the points awarded to each proposal. To the extent
possible, FNS will ensure that the selected proposals, when considered
as a group, test a range of geographic location, program size, and
diversity in food selection. Tribal leaders, during consultation, also
requested FNS consider selecting proposals that test a range of
programs as much as possible.
Program Administration: 20 points. A proposal will be evaluated
under this criterion for applicant's effectiveness in successfully
administering FDPIR. Evaluation will be based on the factors listed
under section III.A.3 of this notice.
Project Viability: 30 points. A proposal will be evaluated on its
strength in demonstrating Tribal Organization capacity to purchase
agricultural commodities for the FDPIR program. The panel will evaluate
the project viability by examining: (1) The applicant's ability to
obtain the proposed food(s) in a quantity that meets estimated
participant demand; (2) the applicant's ability to obtain the proposed
food(s) for a minimum six-month distribution (consecutive or non-
consecutive); and (3) the vendor letter(s) of support included with
proposal.
Agricultural Commodity Description: 20 points. A proposal will be
evaluated under this criterion for the agricultural commodity it
proposes to introduce to the FDPIR program and the degree to which the
proposed food meets project requirements, including that: (1) The
proposed food(s) is a product grown, processed, and otherwise prepared
for sale or distribution entirely in the United States; and (2) the
proposed food(s) is of similar or higher nutritional value than the
food(s) being supplanted.
Budget: 30 points. A proposal will be evaluated under this
criterion for the degree to which its proposed budget is reasonable,
necessary, and allocable to costs associated with this demonstration
project during its proposed period of performance. The budget narrative
should correspond with the proposed line item budget and must justify
and support the bona fide needs of the budget's line item costs.
Proposal
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budgets must not exceed $1.5 million, including contract support costs.
V. Proposal Template
The following proposal template is provided for the convenience of
applicants. The use of this template is recommended but not mandatory.
A proposal will be accepted for review as long as it meets all the
applicable criteria in this notice. Email completed proposals to [email protected] with subject line ``FDPIR Demonstration Project''.
Proposals will be accepted until 11:59 p.m. ET on March 15, 2021.
A. Tribal Organization Information
Please provide the following information:
1. Full name, address, and telephone number of Tribal Organization
proposing to contract.
2. Full name, address, telephone number, and email of Tribal
Organization's main contact for this proposal.
3. A copy of signed Federal-State Agreement (FNS-74) with FNS or of
signed agreement with the FDPIR State agency.
4. A copy of current FDPIR Plan of Operation.
5. A copy of most recent FNS FDPIR management evaluation within the
last three (3) years or, if the management evaluation is not available,
copy of most recent Tribal audit report.
6. A Tribal Resolution from the Tribal Council authorizing the
Tribal Organization to participate in this demonstration project or a
statement affirming that a Tribal Resolution with this authorization
has been requested of the Tribal Council and will be submitted prior to
contract negotiations and within 30 days, if selected.
7. A detailed description of Tribal Organization's capacity to
purchase the proposed food(s) for its FDPIR program.
B. Agricultural Commodity Procurement
Please provide the following information:
1. Identification of food(s) from the current FDPIR food package
the Tribal Organization intends to supplant (i.e., replace).
2. A detailed description of food(s) proposed for purchase and
inclusion in the FDPIR program by Tribal Organization. Specifically,
the following information must be included:
a. An attestation that the proposed food(s) is a product grown,
processed, and otherwise prepared for sale or distribution exclusively
in the United States. See also #5 of this proposal template.
b. A description of the nutritional value of the proposed food(s)
and explanation of how the proposed food(s) is of similar or higher
nutritional value than the food(s) being supplanted. Alternately,
Tribal Organizations may describe how the proposed food(s) is
nutritionally similar to the items in the FDPIR food package category
of the food it is replacing rather than drawing a direct nutritional
comparison to the specific food being supplanted. For example:
[ssquf] If a Tribal Organization proposes to supplant frozen
blueberries in the FDPIR food package fruit category (Exhibit O) with a
berry traditional to its culture, the Tribal Organization may explain
how the traditional berry is nutritionally similar to other fruits
currently offered in the fruit category. A comparison of the specific
nutrients in frozen blueberries compared to the traditional berry is
not required.
c. A description of Tribal Organization's capacity to obtain the
proposed food(s) in a quantity that meets estimated participant demand.
In the description, Tribal Organization must confirm proposed food(s)
will be offered to all FDPIR participants served by its program.
d. The estimated number of months the proposed food(s) will be
distributed to Tribal Organization's existing FDPIR caseload. A minimum
six-month distribution is required (consecutive or non-consecutive).
e. Documentation that the proposed food(s) is commercially
available (i.e., presently being sold to the public through commercial
channels by the vendor(s) from which the Tribal Organization is
proposing to procure the food(s)). See also #5 of this proposal
template.
3. A proposed budget and narrative of estimated costs. Budget
proposal, including all contract support costs, may not exceed $1.5
million. The proposed budget must include the following:
a. The total amount of funds requested.
b. A budget narrative that describes all major line-item
expenditures that are proposed.
c. A breakout of the amount of funds requested by the following
categories:
[ssquf] Food purchases
[ssquf] Personnel
[ssquf] Equipment
[ssquf] Materials and supplies
[ssquf] Travel
[ssquf] Other allowable costs
d. An estimate and description of all contract support costs.
4. A proposed period of performance to perform contract activities.
5. Letter(s) of Support from vendor(s) which will supply the
food(s). Letter(s) should certify that vendor(s):
[ssquf] Sells food(s) commercially; and
[ssquf] Offers food(s) that is a product grown, processed, and
otherwise prepared for sale or distribution exclusively in the United
States.
Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2021-00529 Filed 1-13-21; 8:45 am]
BILLING CODE 3410-30-P
