Notice2022-22570

Food Distribution Program on Indian Reservations Self-Determination Demonstration Project: Solicitation of Proposals for Additional Tribal Organizations To Participate

Primary source

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Published
October 18, 2022

Issuing agencies

Agriculture DepartmentFood and Nutrition Service

Abstract

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. Response to this solicitation is available to Tribal Organizations that administer FDPIR and have not previously been awarded a contract. Tribal Organizations will be selected on a competitive basis and funding will be awarded through a self-determination contract. This is the second solicitation of proposals for participation in the demonstration project. USDA issued a first solicitation of proposals and awarded a first round of self-determination contracts for participation in the demonstration project in FY 2021.

Full Text

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<title>Federal Register, Volume 87 Issue 200 (Tuesday, October 18, 2022)</title>
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[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Pages 63023-63029]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22570]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Food Distribution Program on Indian Reservations Self-
Determination Demonstration Project: Solicitation of Proposals for 
Additional Tribal Organizations To Participate

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

[[Page 63024]]

under the Agriculture Improvement Act of 2018. Response to this 
solicitation is available to Tribal Organizations that administer FDPIR 
and have not previously been awarded a contract. Tribal Organizations 
will be selected on a competitive basis and funding will be awarded 
through a self-determination contract. This is the second solicitation 
of proposals for participation in the demonstration project. USDA 
issued a first solicitation of proposals and awarded a first round of 
self-determination contracts for participation in the demonstration 
project in FY 2021.

DATES: Proposals will be accepted until 11:59 p.m. ET on January 31, 
2023. See Addresses section for submission details.

ADDRESSES: Email proposals to <a href="/cdn-cgi/l/email-protection#236567736a710e716063565047420d444c55"><span class="__cf_email__" data-cfemail="a5e3e1f5ecf788f7e6e5d0d6c1c48bc2cad3">[email&#160;protected]</span></a> 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 (<a href="/cdn-cgi/l/email-protection#e785869585869586c98b8897829da792948386c9808891"><span class="__cf_email__" data-cfemail="d4b6b5a6b6b5a6b5fab8bba4b1ae94a1a7b0b5fab3bba2">[email&#160;protected]</span></a>) 
and Rachel Schoenian (<a href="/cdn-cgi/l/email-protection#cab8aba9a2afa6e4b9a9a2a5afa4a3aba48abfb9aeabe4ada5bc"><span class="__cf_email__" data-cfemail="5c2e3d3f343930722f3f34333932353d321c292f383d723b332a">[email&#160;protected]</span></a>), Supplemental 
Nutrition and Safety Programs, Food and Nutrition Service, U.S. 
Department of Agriculture, 1320 Braddock Place, Alexandria, Virginia 
22314, 703-305-2465 or email <a href="/cdn-cgi/l/email-protection#6d2b293d243f403f2e2d181e090c430a021b"><span class="__cf_email__" data-cfemail="d09694809982fd829390a5a3b4b1feb7bfa6">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Program Background
II. 2018 Farm Bill: Demonstration Project for Tribal Organizations 
and Round One Self- Determination Contract Awards
III. Available Funding
IV. Eligibility and Criteria for Round Two Participation
    A. Eligibility of Tribal Organization
    B. Agricultural Commodity Criteria
V. Review, Selection and Evaluation for Round Two Participation
    A. Review and Selection Process
    B. Evaluation Criteria
VI. Proposal Template for Round Two Participation

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 105 Tribal Organizations 
and three State agencies and provides benefits and nutrition education 
services to approximately 279 Federally recognized Tribes across the 
United States. In FY 2021, the program served approximately 48,000 
individuals on an average monthly basis. Each month, participating 
FDPIR households receive a defined food package to help maintain a 
nutritionally balanced diet. The food package is based on FNS guidance 
and includes input from the FDPIR Food Package Review Work Group, a 
member-based work group made up of representatives from the Indian 
Tribal Organizations and State agencies that administer FDPIR across 
all regions nationally, Federal, and Tribal health professionals, and 
FNS staff that work directly with the program. FDPIR households 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.
    Under national program operations, 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 and 
Round One Self-Determination Contracts

    The USDA Foods provided in the FDPIR food package under the 
national program are procured by USDA's Agricultural Marketing Service 
(AMS) in collaboration with FNS. USDA purchases and ships the 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 a different food distribution program model.
    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

[[Page 63025]]

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.
    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 was incorporated into the criteria 
for the first solicitation of proposals for the demonstration project, 
which was published on January 14, 2021, at 86 FR 3112. Proposals were 
due on March 15, 2021. In total, FNS received seven proposals from 
eight Tribal organizations in response to the solicitation.
    In October 2021, FNS awarded $3.5 million in self-determination 
contracts to all eight Tribal Organizations that submitted proposals. 
These organizations began implementation of self-determination 
contracting projects in FY 2022, with contracts expected to distribute 
selected foods for periods between six months and three years. In June 
2022, FNS awarded another $2.2 million to six of the eight Tribal 
Organizations, for modifications and extensions to their self-
determination contracts. These modifications, requested by the 
participating Tribal Organizations, increased the number of months that 
Tribal Organizations would distribute food through their previously 
awarded contracts, and brought all participating Tribal Organizations 
closer to a uniform number of distribution months.
    The period of performance for round one self-determination 
contracts is ongoing and scheduled to conclude on September 30, 2024. 
Selected round one Tribal Organizations span several FNS regions and 
are testing the self-determination contracting model across FDPIR 
program size and with a variety of different foods.

III. Available Funding

    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. To 
date, FNS has received $9.0 million to support the demonstration 
project: $3 million was provided through the Further Consolidated 
Appropriations Act of 2020 (Pub. L. 116-94); $3 million was provided 
through the Consolidated Appropriations Act of 2021 (Pub. L. 116-260); 
and $3 million was provided through the FY 2022 Consolidated 
Appropriations Act (Pub. L. 117-103).
    At the time the first solicitation of proposals for the 
demonstration project was published on January 14, 2021, at 86 FR 3112, 
Congress had appropriated $3 million in the FY 2020 full-year 
appropriations bill to carry out the demonstration project; and as per 
the statutory provision in section 4003(b)(6)(B) of the 2018 Farm Bill, 
the appropriated amount had to cover all costs associated with the 
demonstration project, including food procurement costs and contract 
support costs of any awarded self-determination contracts. To ensure 
that more than one Tribal Organization was able to participate, FNS 
limited initial individual proposals to participate in the first round 
of the demonstration project to no more than $1.5 million each.
    Shortly after publication of 86 FR 3112, FNS received the 
additional $3.0 million for the demonstration project that was 
appropriated by Congress in the FY 2021 full-year appropriations bill, 
bringing total available funds for the demonstration project to $6.0 
million. Using those funds, FNS awarded $3.5 million for seven round 
one self-determination contract proposals received in response to 86 FR 
3112, in FY 2021; and awarded another $2.2 million in extensions and 
modifications to round one self-determination contract holders, in FY 
2022. The extensions and modifications to the round one contracts 
aligned with the anticipated requirements outlined in this notice for 
new contracts. FNS also transferred $250,000 of the $6 million to the 
Department of the Interior, Bureau of Indian Affairs (BIA), which 
awarded the round one self-determination contracts and modifications 
and extensions on behalf of FNS.
    In FY 2022, FNS received an additional $3 million to continue to 
support and/or expand the demonstration project. In consultation with 
Tribal leadership, FNS will use this amount to solicit new proposals to 
participate in the demonstration project and award self-determination 
contracts to eligible Tribal Organizations that are not currently 
participating.
    Based on the availability of funds at the time of this notice, FNS 
will continue to limit initial individual proposals to participate in 
the second round of the demonstration project to no more than $1.5 
million each. Should additional funding be appropriated by Congress for 
this demonstration project, FNS reserves the right to use this 
solicitation to select additional proposals or to modify or extend an 
existing contract awarded under the demonstration project.

IV. Eligibility and Criteria for Round Two Participation

    In this second solicitation of proposals, FNS has made minor 
changes to the eligibility rules and criteria for participation in the 
demonstration project. These changes are a result of lessons learned 
from the first solicitation of proposals, feedback from current 
participants in the demonstration project, and comments from Tribal 
leaders received during Tribal consultation meetings. In FY 2022, FNS 
engaged in three Tribal consultation meetings with Tribal leaders to 
receive input and feedback on the demonstration at large and 
specifically on changes to criteria for FDPIR Tribes to participate in 
the demonstration project. The consultation meetings were held on 
December 7, 2021, March 29-30, 2022, and August 2, 2022. Tribal 
leaders' feedback has been incorporated into the criteria outlined 
below to the greatest extent possible.
    In order to participate in the demonstration project, Tribal 
Organizations must meet the following criteria and requirements listed 
below and submit a complete proposal by the published due date. A 
proposal template is provided as part of this notice in section VI. The 
template is not mandatory; a proposal will be accepted for review as 
long as it meets all the applicable criteria in this notice.

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. Tribal Organization must not already be participating in the 
FDPIR self-determination demonstration project.
    3. 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 their 
proposals. 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

[[Page 63026]]

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.
    4. Tribal Organization's FDPIR program director must attest their 
support for the demonstration project and attest that the FDPIR program 
is currently being administered successfully. Tribal Organization must 
submit with their proposal a signed self-attestation from its FDPIR 
program director that covers the following areas to be verified by FNS:
    [ssquf] FDPIR program director is supportive of participating in 
the demonstration project for the entire length of proposal and 
contract award period.
    [ssquf] Tribal Organization has 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 is in compliance with regulatory 
inventory storage and inventory management requirements at 7 CFR 
250.12; and
    [ssquf] Tribal Organization has no outstanding financial or 
inventory related FNS management evaluation findings. If any related 
management evaluation findings are currently open, FDPIR program 
director should provide a description and disposition for each in the 
signed letter.
    5. Tribal Organization must provide a budget proposal and narrative 
with all associated costs that are reasonable, necessary, and allocable 
to carry out proposed contract activities. The budget proposal, 
including all contract support costs (CSC), may not exceed $1.5 
million.
    [ssquf] Tribal Organizations may account for food cost fluctuations 
by including in their budget proposals inflationary factors for planned 
food purchases. To assist Tribal Organizations with estimating food 
cost inflation, FNS has provided suggested inflationary amounts below. 
These amounts are calculated by the Office of Management and Budget 
(OMB) based on the Consumer Price Index for food, and are similar to 
those used by FNS for planned food purchases. Of note, these estimates 
are based on a Federal fiscal year (October 1 through September 30):

----------------------------------------------------------------------------------------------------------------
                         Budget year                             FY 2024 (%)      FY 2025 (%)      FY 2026 (%)
----------------------------------------------------------------------------------------------------------------
Inflationary Percentage for Food Purchases...................            3.75             2.42             2.26
----------------------------------------------------------------------------------------------------------------

    [ssquf] For example, in preparing a proposal to participate in the 
demonstration project, a Tribal Organization may receive a quote from a 
vendor that reflects the cost to purchase six months of tomatoes in FY 
2023 (e.g., $5,000 for six months, or $833.33 per month). If the Tribal 
Organization is proposing to provide six months of tomatoes within each 
of FYs 2024, 2025, and 2026, the Tribal Organization may adjust the 
quote in the submitted budget to reflect the above inflationary 
percentages. This means that the submitted budget would reflect a cost 
of $5,187.50 for purchasing six months of tomatoes in FY 2024 ($5,000 x 
1.0375), a cost of $5,313.04 for purchasing six months of tomatoes in 
FY 2025 ($5,187.5 x 1.0242), and a cost of $5,433.11 for purchasing six 
months of tomatoes in FY 2026 ($5,313.04 x 1.0226). If any purchases 
were planned to take place in FY 2023, the original quoted price of 
$5,000 for six months, or $833.33 per month, would be utilized because 
the quoted price should reflect FY 2023 inflationary costs.

B. Agricultural Commodity Criteria

    In addition to the information and documentation required under 
IV.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.
    [ssquf] Tribal Organizations that choose to supplant a USDA bonus 
food (e.g., catfish, wild rice, ham, etc.) will not receive a fair-
share allocation of the USDA bonus food in each Federal fiscal year 
their Tribally-procured food is offered.
    2. A description of the food(s) proposed for purchase and inclusion 
in the Tribal Organization's FDPIR program. In its description, Tribal 
Organization must provide the following:
    [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 and similar portion size as the food(s) 
being supplanted. Alternately, Tribal Organizations may describe how 
the proposed food(s) is nutritionally similar, or of similar portion 
size, as other items in the FDPIR food package category it is 
replacing. The proposed food(s) does not need to provide the same 
specific nutrient profile as the food it is replacing, nor the specific 
portion size as the food it is replacing. It is not necessary to 
provide a direct comparison to the specific food being supplanted.
    [cir] 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, and explain how the 
traditional berry will be offered in household-sized cartons that would 
provide participants with a similar amount of fruit as other offerings 
in the fruit category. A comparison of the specific nutrients and 
portion size of the frozen blueberries versus the traditional berries 
is not required.
    [cir] For FDPIR food package categories, please reference FNS 
Handbook 501, Exhibit O: Food Distribution Program on Indian 
Reservations Monthly Distribution Guide Rates by Household Size 
(Distribution Rates).
    [ssquf] The estimated number of months that each proposed food(s) 
will be distributed to Tribal Organization's existing FDPIR caseload. A 
minimum of twelve (12) unique months of food distribution across all 
offered foods is required (consecutive or non-consecutive). This means 
that--to meet the minimum requirement--a Tribal Organization could 
propose to distribute one food for 12 months, or could propose to 
rotate distribution of a number of foods for a total of 12 unique 
months (e.g., distribute one food for 6 months and a different food for 
another 6 non-overlapping months).
    [cir] This requirement represents an increase in the required 
minimum months of distribution, from 6 months in round one, to 12 
months in round two. This change has been made to standardize self-
determination contracts awarded under the demonstration project, to 
better measure and compare the results of individual contracts, and to 
minimize contract extension

[[Page 63027]]

paperwork. FNS determined that 12 months of distribution of one food is 
achievable for most FDPIR Tribal Organizations under the initial $1.5 
million contract limitation. Of all 105 Tribal Organizations 
participating in the program at time of publication of this notice, 7 
FDPIR programs have an average monthly caseload of 1,000 participants 
or more. If a Tribal Organization is unable to achieve 12 unique months 
of distribution due to a large caseload and the $1.5 million 
limitation, FNS will accept proposals to distribute proposed food(s) 
for less than 12 unique months. In such cases, Tribal Organizations 
should clearly state the number of distribution months they are able to 
achieve with the $1.5 million funding limit.
    [cir] For each proposed food(s), FNS also encourages a minimum of 
at least three consecutive months of distribution for individual foods, 
but will consider proposals for distribution of individual foods for 
less than three months as long as the minimum requirement for 12 unique 
months of distribution is met.
    [cir] FNS encourages Tribal Organizations to submit proposals that 
exceed the minimum requirement of 12 unique months of distribution for 
all foods, and suggested minimum distribution of at least three 
consecutive months for individual foods, if at all possible.
    [ssquf] An estimated timeline for distributing proposed food(s) 
within a 36-month contract period of performance. All self-
determination contracts awarded under this solicitation will be 
structured with a period of performance of 36 months with the 
possibility of early completion or extension. The estimated period of 
performance for round two contracts is June 2023 through May 2026. The 
estimated period of performance is subject to change. A final timeline 
will be mutually agreed upon by the Tribal Organization and FNS and 
will be based upon the final period of performance and the date on 
which final proposed food(s) information from executed vendor contracts 
is received by FNS from Tribal Organization, for input into food 
reporting and inventory systems. The submitted timeline should take 
into account the depletion of inventory of supplanted USDA food(s) 
prior to distribution of proposed food(s) and planned distributions of 
proposed food(s) should not begin earlier than June 1, 2023, even 
though contracts may be awarded prior to that date.
    [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. Alternatively, a Tribal Organization may submit documentation 
of capacity, such as a quote for purchasing the proposed foods from the 
vendor(s) that the Tribal Organization proposes to work with to 
purchase the proposed food(s), in a quantity that would meet 
participant demand.
    3. 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 in the United States. For 
purposes of the demonstration project, ``commercially available'' means 
that the food(s) is 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).

V. 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 IV. 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 
V.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 the 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: 10 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 IV.A. 1-5 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 twelve unique distribution months (consecutive or 
non-consecutive); and (3) the vendor letter(s) of support included with 
proposal.
    Agricultural Commodity Description: 30 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 in the United States; and (2) the proposed 
food(s) is of similar or higher nutritional value and of similar 
portion size 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

[[Page 63028]]

reasonable, necessary, and allocable to costs associated with this 
demonstration project during the 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 budgets must not exceed $1.5 million, including 
contract support costs.

VI. 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 <a href="/cdn-cgi/l/email-protection#ca8c8e9a8398e798898abfb9aeabe4ada5bc"><span class="__cf_email__" data-cfemail="bcfaf8ecf5ee91eefffcc9cfd8dd92dbd3ca">[email&#160;protected]</span></a> with subject line ``FDPIR Demonstration Project''. 
Proposals will be accepted until 11:59 p.m. ET on January 31, 2023.

Template Proposal To Participate in FDPIR Self-Determination 
Demonstration Project

    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 point of contact for this proposal.
    3. Signed self-attestation from FDPIR program director attesting 
their support for participation in the demonstration project and 
that FDPIR program is currently being administered successfully. The 
self-attestation must cover the following areas:
    [ssquf] FDPIR program director is supportive of participating in 
the demonstration project for the entire length of its proposal.
    [ssquf] Tribal Organization has 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 is in compliance with regulatory 
inventory storage and inventory management requirements at 7 CFR 
250.12; and
    [ssquf] Tribal Organization has no outstanding financial or 
inventory related FNS management evaluation findings. If any related 
management evaluation findings are currently open, FDPIR program 
director should provide a description and disposition for each in 
the signed letter.
    4. A Tribal Resolution(s) from the Tribal Council authorizing 
the Tribal Organization to participate in this demonstration project 
or a statement affirming that a Tribal Resolution(s) with this 
authorization has been requested of the Tribal Council and will be 
submitted prior to contract negotiations and within 30 days, if 
selected.
    5. List of food(s) from the current FDPIR food package the 
Tribal Organization intends to supplant (i.e., replace), and the 
corresponding food(s) proposed to be purchased to replace that 
food(s) in the FDPIR program by Tribal Organization. The total 
number of months that the proposed food(s) will be distributed to 
FDPIR participants should also be indicated. Please note that a 
minimum of 12 unique months of food distribution is required across 
all proposed foods (consecutive or non-consecutive) in most cases.

----------------------------------------------------------------------------------------------------------------
                                                                 Total number of
                                                               distribution months       Summary timeline of
           Proposed food              USDA supplanted food     for proposed food,      distribution of proposed
                                                              over 36 month period    food, over 36 month period
                                                                 of performance             of performance
----------------------------------------------------------------------------------------------------------------
E.g.--Fresh cabbage................  E.g.--Lettuce.........  E.g. --18 months......  E.g.--1 month in FY 2023, 6
                                                                                      months in each of FY 2024
                                                                                      and 2025, and 5 months in
                                                                                      2026.
E.g.--Fresh collard greens.........  E.g.--Lettuce.........  E.g. --15 months......  E.g.--3 months in FY 2023,
                                                                                      6 months each in FY 2024
                                                                                      and 2025, and 3 months in
                                                                                      FY 2026.
E.g.--Bison........................  E.g.--Bison...........  E.g.--6 months........  E.g.--3 months in each of
                                                                                      FY 2024, 2025 and 2026.
----------------------------------------------------------------------------------------------------------------

    6. A timeline for distribution of each of the proposed food(s), 
with a minimum of 12 unique months of food distribution across all 
proposed foods (consecutive or non-consecutive) incorporated. The 
timeline for all food distributions should occur during the 
estimated period of performance (June 2023--May 2026) and should 
take into account the depletion of inventory of supplanted food on 
hand. Planned food distributions should begin no earlier than June 
1, 2023. If your Tribal Organization is selected to participate in 
the demonstration project, you will be able to make any changes 
necessary to this timeline before and after award.

----------------------------------------------------------------------------------------------------------------
                          Foods offered and      Foods offered and      Foods offered and     Foods offered and
                          (supplanted) in FY     (supplanted) in FY    (supplanted) in FY    (supplanted) in FY
                                 2023                   2024                  2025                  2026
----------------------------------------------------------------------------------------------------------------
October...............  .....................  E.g.--Cabbage          E.g.--Cabbage         E.g.--Cabbage
                                                (lettuce).             (lettuce).            (lettuce).
November..............  .....................  E.g.--Cabbage          E.g.--Cabbage         E.g.--Cabbage
                                                (lettuce).             (lettuce).            (lettuce).
December..............  .....................  E.g.--Cabbage          E.g.--Cabbage         E.g.--Cabbage
                                                (lettuce); Bison       (lettuce); Bison      (lettuce); Bison
                                                (bison).               (bison).              (bison).
January...............  .....................  E.g.--Cabbage          E.g.--Cabbage         E.g.--Cabbage
                                                (lettuce); Bison       (lettuce); Bison      (lettuce); Bison
                                                (bison).               (bison).              (bison).
February..............  .....................  E.g.--Cabbage          E.g.--Cabbage         E.g.--Cabbage
                                                (lettuce); Bison       (lettuce); Bison      (lettuce); Bison
                                                (bison).               (bison).              (bison).
March.................  .....................  E.g.--Collard greens   E.g.--Collard greens  E.g.--Collard greens
                                                (lettuce).             (lettuce).            (lettuce).
April.................  .....................  E.g.--Collard greens   E.g.--Collard greens  E.g.--Collard greens
                                                (lettuce).             (lettuce).            (lettuce).
May...................  .....................  E.g.--Collard greens   E.g.--Collard greens  E.g.--Collard greens
                                                (lettuce).             (lettuce).            (lettuce).
June..................  E.g.--Collard greens   E.g.--Collard greens   E.g.--Collard greens  ....................
                         (lettuce).             (lettuce).             (lettuce).
July..................  E.g.--Collard greens   E.g.--Collard greens   E.g.--Collard greens  ....................
                         (lettuce).             (lettuce).             (lettuce).
August................  E.g.--Collard greens   E.g.--Collard greens   E.g.--Collard greens  ....................
                         (lettuce).             (lettuce).             (lettuce).
September.............  E.g.--Cabbage          E.g.--Cabbage          E.g.--Cabbage         ....................
                         (lettuce).             (lettuce).             (lettuce).
----------------------------------------------------------------------------------------------------------------

    7. 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 and similar portion size as the food(s) 
being supplanted. Alternately, Tribal Organizations may describe how 
the proposed food(s) is nutritionally similar, and of similar 
portion size, as other 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.
    [ssquf] For example: 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

[[Page 63029]]

similar to other fruits currently offered in the fruit category, and 
how the traditional berry will provide FDPIR participants with 
similar amounts of fruit as other fruit offerings in the fruit 
category. A comparison of the specific nutrients and portion size of 
the frozen blueberries vs. the traditional berries is not required.
    8. 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. In lieu of a description, a Tribal Organization may 
submit documentation of capacity, such as a quote for purchasing the 
proposed foods from the vendor(s) that the Tribal Organization 
proposes to work with to purchase the proposed food(s), in a 
quantity that would meet participant demand.
    9. Letter(s) of Support from vendor(s) which will supply the 
food(s). Letter(s) should certify that vendor(s):
    [ssquf] Sells proposed food(s) commercially (i.e., presently 
sells the proposed food(s) to the public through commercial 
channels); and
    [ssquf] Offers food(s) that is a product grown, processed, and 
otherwise prepared for sale or distribution in the United States.
    10. A proposed budget and narrative of estimated costs to carry 
out the proposed contract activities. All costs must be reasonable, 
necessary, and allocable to the contract. 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 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 such as contract support costs.
    c. A budget narrative that describes all major line-item 
expenditures that are proposed, including inflationary percentages.

Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2022-22570 Filed 10-17-22; 8:45 am]
BILLING CODE 3410-30-P


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Indexed from Federal Register on October 18, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.