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The Indigenous Food and Agriculture Initiative Updated January 2021 For more information, please contact: Erin Parker, JD, LLM, Director, at [email protected]. This document is strictly for educational purposes only and does not constitute legal advice nor create an attorney/client relationship. ITOS must meet the following eligibility criteria and submit all contract proposal elements by the due date to be eligible for consideration of the award. This is a demonstration project with limited funding available, so unlike "638" contracts for other agencies, USDA may not be able to approve every application in this round. Congress initially appropriated $3 million for this program, and in the most recent appropriations cycle Congress approved an additional $3 million. However, Congress has the authority to appropriate additional funds for this project.

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The Indigenous Food and Agriculture Initiative

Updated January 2021

FDPIR Self-Determination Demonstration Project:Application Process

Background

The Agricultural Improvement Act of 2018 authorizes a demonstration project forIndian Tribal Organizations (ITOs) to enter into 638 self-determination contractsand directly procure foods for FDPIR food packages. Congress appropriated $3million for this project to USDA Food and Nutrition Service. USDA Food andNutrition Service began soliciting proposal 638 demonstration projects on January14, 2021, with a 60 day deadline.

��� authority is an important acknowledgement of Tribal sovereignty. Food purchasingdecisions at the ITO level will allow for more traditional, Tribally grown, local, and regionallyproduced foods in the program’s food package, lower the continually increasing costs offood delivery from national warehouses, and offer economic development opportunities forTribal and local producers.

"638" Self-Determination Contracts

USDA released the request for proposal (RFP) on the Federal

Register onJanuary 14, 2021

Tribal Organizations mustsend completed proposals

to [email protected] subject "FDPIR

Demonstration Project" byMarch 15, 2021

Awarded TribalOrganizations beginprocuring food for

FDPIR food packages.

Selected food(s) supplant current FDPIR food packageitem(s). Foods eligible for replacement include anyfoods offered by the USDA in the FDPIR package,including foods offered intermittently (e.g. traditionalfoods, bonus, Trade Migration Program)

Selected food(s) must be of equal or highernutritional value of the replacement food(s)

ITOs have a capacity to obtain selected food(s) in aquantity that meets estimated participant demandbased on calculated caseload for at least 6 months

Agricultural Commodity Eligibility Criteria Tribal Organization Eligibility Criteria 

Operate FDPIR in agreement with FNS or a State Agency

Demonstrate success in administering FDPIR, evaluated by its: Current Plan of Operation that meets requirements of 7 CFR253Compliance with regulatory inventory storage andinventory management requirements at 7 CFR 250.12 Management evaluation from within the past three years orthe most recent Tribal audit report to demonstrate nooutstanding financial or inventory-related FNSmanagement evaluation findings

Demonstrate capacity to purchase eligible agriculturalcommodities

Provide a budget proposal and narrative of associated coststo be carried out under the contract

Eligibility Criteria 

For more information, please contact:Erin Parker, JD, LLM, Director, at [email protected].

This document is strictly for educational purposes only and does not constitute legaladvice nor create an attorney/client relationship.

Photo by Preston Keres for USDA

Photo by DonHamilton for USDA

ITOS must meet the following eligibility criteria and submit all contract proposal elements by the due date to beeligible for consideration of the award. This is a demonstration project with limited funding available, so unlike"638" contracts for other agencies, USDA may not be able to approve every application in this round. Congress

initially appropriated $3 million for this program, and in the most recent appropriations cycle Congress approvedan additional $3 million. However, Congress has the authority to appropriate additional funds for this project.

FNS reviews proposal andnotifies applicants within 7calendar days if items are

missing. ITOs have 7calendar days to submit a

complete proposal.

The Indigenous Food and Agriculture Initiative

Updated January 2021

Contract Proposal Elements

The following checklist summarizes the 13 essential components and documents of the contract proposal.Proposals must be emailed to [email protected] with the subject line "FDPIR Demonstration Project" and areaccepted until 11:59 ET, �� days after January 14, 2021.

For more information, please contact:Erin Parker, JD, LLM, Director, at [email protected].

This document is strictly for educational purposes only and does not constitute legaladvice nor create an attorney/client relationship.

Applications are now open!

An authorizing Tribal Resolutionfrom the Tribal Council orstatement affirming Tribalresolution has been requested toTribal Council and will be submittedprior to contract negotiations, notto exceed 30 days after notificationof being selected by FNS. Notrequired at time of application.

Tribal Resolution

Narrative of amount of funds requested(not to exceed $�.�m)

No outside funds may be used to supplement proposalactivities

Cost allocations for:Food purchases Personnel                       Equipment Travel                

Budget

Materials and suppliesEstimate and description of allcontract support costsOther appropriate line item costs

Supporting Documents

Letter(s) of Support from all vendor(s) which will supplythe food. Letter (s) should certify that vendors:

Sell(s) food commercially Offers food(s) that is a product grown,processed, and otherwise prepared for sale ordistribution exclusively in the United States"

How Will Proposals Be Evaluated?Proposals are evaluated using the four ranking criteria listed below (maximum score is���). Diversity in project, program size, geographic region, and food selection is also takeninto consideration with point totals

Program administration (20 points)Project Viability (30 points)

Agricultural Commodity Description (20 points) Budget (�� points)

Copy of currentFDPIR Plan ofOperation

Copy of signed Federal StateAgreement (FNS-��) withFNS OR of signed agreementwith the FDPIR state agency

Tribal Organization'sfull name, address,and telephone number

Copy of last FNS FDPIRmanagement evaluation within thelast 3 years or, if not available, copyof most recent Tribal audit report

Period of performance:Proposed starting date andterm of contract.

Description of foodor foods selectedfor demonstrationproject

Description of the nutritional value ofthe food(s) are of equal or higherlevel than the replacement food(s)

Description of ITO's capacity,e.g. sourcing or procurement process,to obtain enough of the proposedfood(s) to meet participant demand

Documentation that selected food(s)are commercially available and aregrown, processed, and otherwiseprepared for sale or distributionexclusively in the United States

Estimated number of months selectedfood(s) will be distributed (requiredminimum of 6 consecutive or non-consecutive months)