[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

[[Page 3113]]

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

[[Page 3114]]

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

[[Page 3115]]

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