RFA - FY 2023 National School Lunch Program Equipment Assistance Grant for School Food Authorities

REQUEST FOR APPLICATION

FY 2023 National School Lunch Program Equipment Assistance Grant for School Food Authorities

Submission Deadline Date: February 6, 2024

SECTION 1. INTRODUCTION AND PROGRAM OVERVIEW

1.1 Program Purpose and Goals

The Mississippi Department of Education (MDE), Office of Child Nutrition, is seeking written competitive applications for the FY 2023 National School Lunch Program (NSLP) Equipment Assistance Grant for School Food Authorities (Subgrantees). The Consolidated Appropriations Act, 2023, (Public Law 117-328) https://www.congress.gov/bill/116th-congress/house-bill/1865/text provided $30 million to state agencies that will competitively award equipment assistance grants to eligible School Food Authorities participating in the National School Lunch Program.

Mississippi Department of Education will competitively award subgrants to School Food Authorities or Subgrantee (i.e., Public School Districts, Private Schools, Charter Schools, and Residential Child Care Institutions) to purchase equipment, with a value of greater than $1,000, to serve healthier meals, improve food safety, and to help support the establishment, maintenance, or expansion of the School Breakfast Program. Purchases will be allowed for new equipment, renovation of equipment, replacement of equipment, and installation costs. A Subgrantee must submit a packet for no more than two (2) schools. Each school must submit a separate application (Form A) to be considered for an award.

Funding for this project is provided by U.S. Department of Agriculture (USDA), Grant # NSLPE-22-MS-01. Please use this link for more information at https://www.fns.usda.gov/grant/fy-2022-nslp-equipment-assistance-grants-school-food-authorities .

The Program’s goals are to accomplish the following objectives by purchasing new equipment, renovation of equipment, or replacement of equipment for school kitchens:

1. Equipment that improves the safety and quality of food served in the school meal programs (e.g., cold/hot holding equipment, refrigeration, milk coolers, freezers, blast chillers, etc.). Standalone equipment ONLY; NO countertop equipment can be purchased with this grant funding.

2. Equipment that improves the overall energy efficiency of the school nutrition operations (e.g., purchase of an energy-efficient walk-in freezer or cooler replacing an outdated, energy-demanding freezer or cooler).

3. Equipment that allows Subgrantees to support expanded participation in a school meal program (e.g., equipment for serving meals in a non-traditional setting or to better utilize cafeteria space).

Non-Discrimination Statement: In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/schools/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

Mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410; or

Fax: (833) 256-1665 or (202) 690-7442; or

Email: Program.Intake@usda.gov

This institution is an equal opportunity provider.

A grant agreement will be signed at the discretion of the State Board of Education (SBE). This solicitation and any resulting grant agreement shall be governed by the applicable provisions of the State Board of Education Grant Policies. The grant agreement Assurances and Standard Terms and Conditions have been included for your review, acceptance, and signature after an award has been made.

A copy of this solicitation, including all attachments and any subsequent amendments, including the Question-and-Answer amendment, if issued, will be posted on the MDE website under “Public Notice” Request for Applications, Qualifications, and Proposals section. It is the sole responsibility of all interested Applicants to monitor the website for updates regarding this solicitation.

1.2 Eligibility Criteria

This solicitation is to provide information required to submit a response to this Request for Application (RFA). Please be aware that changes to previous requirements and/or eligibility solicited may have been made.

All current participants in the National School Lunch Program (including non-public) in the state of Mississippi are eligible to apply for the FY 2023 NSLP Equipment Assistance Grant for Subgrantee. A Subgrantee must submit a packet for no more than two (2) schools. Each school must submit a separate application (Form A) to be considered for an award. Subgrantees with only one (1) eligible school can apply for only (1) award. Fifty (50) priority points will be given to Schools who have not previously received an award or schools who have not received an award since to 2018.

In order to make the most effective use of the FY 2023 NSLP Equipment Assistance Grant for Subgrantees funds, Subgrantees must explain how the requested funds will be allocated for accomplishing tasks and activities listed below. Please provide the information on the Application (Form A) in order to be considered for an award.

• Equipment that improves the safety of meals served in the schools;

• Equipment that improves the quality of meals served in the schools;

• Equipment that improves the overall energy efficiency of the school food service operations;

• Equipment that can improve or expand participation in the National School Lunch Program (NSLP) and/or School Breakfast Program (SBP);

• Age of current food service equipment or lack of appropriate equipment; and/or

• Strategies for adopting lunchroom changes that provide more convenience and appeal to the student population.

Applicants that previously received a subgrant award must be in good standing with the MDE to receive an award through this solicitation. If a previous Subgrantee is not in good standing, the application will be disqualified and will not be considered for an award.

SECTION 2. PROGRAM REQUIREMENTS

2.1 Application Criteria

The awarded Subgrantee must meet the above criteria to submit an application for these services. The application will be reviewed and ranked based on a variety of factors that include the points below.

A. Average Daily Participation Percentage (up to 15 Points)

The Subgrantee must provide the average daily participation documentation and percentage for school(s) submitting an application as reported in October 2022 MARS claim report to be considered for an award.

• < 70 percent ADP (5 Points)

• 70-89 percent ADP (10 points)

• 90-100 percent ADP (15 Points)

B. Equipment Purpose (up to 35 Points)

As part of the proposed program plan, Subgrantees must provide evidence that otherwise demonstrates experience or the promise of success in providing services for:

• Equipment that improves the safety of meals served in the schools; (5 points)

• Equipment that improves the quality of meals served in the school; (5 points)

• Equipment that improves the overall energy efficiency of the school food service operations; (5 points)

• Equipment that can improve or expand participation in the National School Lunch Program (NSLP) and/or School Breakfast Program (SBP); (5 points)

• Age of current food service equipment or lack of appropriate equipment; and/or (10 points)

• Strategies for adopting lunchroom changes that provide more convenience and appeal to the student population. (5 points)

B. Priority Points (up to 50 Points)

Schools who have not previously received an award or schools who have not received an award since to 2018 will receive priority points.

No school(s) will be awarded for equipment costing less than $1,000.00.

Allowable Expenses

Project funds must be used for activities that directly support the accomplishment of the project purpose, priorities, and expected outcomes. All expenditures must be consistent with applicable state and federal laws, regulations, and guidance.

Subgrantees must list all budgetary costs based upon the narrative components and program design and ensure that the budget includes a line item description for every allowable cost necessary to carry out the goals and objectives of the proposed program. It is advisable to consult with the financial office of the applying agency prior to submitting the application.

Successful Subgrantees may use grant funds for allowable costs only during the grant award period. Any costs occurring outside the grant award period are solely the responsibility of the Subgrantee and will not be reimbursed by the MDE.

As with all Federal grant funds, procurement regulations at 7 C.F.R. Part 210.21 and 2 C.F.R. Part 200.317-326 apply, and equipment procured using NSLP Equipment Assistance Grant funds must be practical and allocable to be reasonable and permissible costs. Standalone equipment must be purchased; NO countertop equipment can be purchased with this grant funding. Equipment should meet one of the focus areas per the intended purpose of the funds. Therefore, using these grant funds to purchase a walk-in freezer for school foodservice, or a salad bar would be an allowable cost.

Grant funds may not be used for renovation of the foodservice area because this falls under the category of construction costs which must be paid by the Subgrantees general fund. The NSLP Equipment Assistance Grant must highlight the requirement of following all federal, state, and local procurement laws when purchasing equipment with these grant awards.

SECTION 3. GRANT AWARD AND RESPONSIBILITIES

All Subgrantees must have all equipment installed and invoices paid before reimbursement is released. All documentation must be turned in to the MDE by December 31, 2024.

Funds are subject to appropriations by the state/federal government. This award will be up to $30,000.00 per awarded school for the purchase of general food service equipment described in the School Profile/Description of Need focus areas. Contingent upon receipt of quality applications, it is the intent of the MDE to award a maximum of (43) schools. Funds are awarded from highest to lowest until all funds are distributed. A maximum of two (2) schools may be awarded in a single Subgrantee submission. Funding to eligible school districts/organizations is subject to the Chief Operations Officer approval. The Mississippi Department of Education reserves the right to negotiate grant award amounts with all potential Subgrantees.

When determining the amount to be requested, Subgrantees are required to consider the needs of the school. All Subgrantees must submit a budget. Recipients will receive funding when all parties sign the grant agreement pending appropriations.

3.1 Use of Funds

Funds may only be used to purchase general foodservice equipment requested by the Subgrantee. Equipment purchased must generally conform to the type requested in the application. (For example, it is permissible to request a refrigerator and later decide on specific details. However, it is not permissible to request an oven and purchase a refrigerator.) All expenditures must be consistent with applicable state and federal laws, regulations, and guidance.

Applicants should be aware that funds must be used in a manner consistent with all requirements of the statute and must be used only to supplement, not supplant, any federal, state, local, or non-federal funds available to support activities.

3.2 Responsibilities of A Fiscal Agent

The following are some of the expectations, roles, and responsibilities of a fiscal agent:

1. As the official Subgrantee, all awards must be adopted by the Local Board of Education for LEAs or the Board of Directors for non-LEAs.

2. Administer the subgrant from award to closeout in accordance with all applicable laws and regulations.

3. Serve as the Subgrantee representative and point-of-contact for all business management aspects of the award agreement.

4. Apply appropriate management controls using management systems, checklists, and records, including, but not limited to:

• Internal Controls

o Safeguard assets; ensure reliability of accounting data and subgrant terms and conditions

• Operating Controls

o Fiduciary procedural manuals; budgetary control

• Accounting Controls

o Implement controls to ensure reliability of recorded financial data;

o Maintain appropriate level of transaction review and authorization;

o Develop and implement proper procurement procedures and cash management procedures that are well defined; and

o Develop procedures that facilitate timely review and audit of financial activity.

• Compliance Controls

o Consider mechanisms to monitor and review compliance with subgrant terms (i.e., ensure grant funds are disbursed only to eligible Subgrantees);

o Ensure all expenditures and disbursements are consistent with the objectives of the subgrant award and comply with applicable federal, state, and local laws and regulations governing the program and use of funds.

• Document Control System

o Develop written documentation of adequate internal operating and accounting controls that demonstrate evidence of controls related to grant compliance.

5. Assemble appropriate staff resources and communicate all compliance requirements and resources of the subgrant.

6. Keep abreast of changes in policies, procedures or requirements and continue to advise program staff of subgrant requirements.

7. Request any further “prior approvals” when identified.

8. Grant will start March 1, 2024. Submit subgrant reimbursement requests no later than December 6, 2024 with liquidations by December 31, 2024.

• Eligibility of Expenditures

o Adhere to the list of eligible activities for which funds under the program may be spent, as well as allowable cost objectives in applicable cost principles; and

o Ensure that transactions are made in a reasonable and prudent manner, are allowable and allocable, and avoid double charging and ensure that credits are applied appropriately.

9. Prepare necessary reports:

• Source Documentation

o Appropriately support transactions entered into the Subgrantee’s system

o Documentation tracks each subgrant transaction and supports the validity of financial data reported; and

o Maintain separate funding lines for funds

• Audit Trail

o The lowest level of detail the system should provide is documentation that supports all transactions (e.g., invoices, contracts, purchase orders);

o The overall recordkeeping system should be able to trace financial statement balances through the Subgrantee’s general ledger, cash books and other journals; and

o Amounts claimed on financial statements and reports accurately reflect the accounting books and records from which they were prepared.

10. Use feedback from site visits by the MDE to enhance the program, show

Subgrantee’s strength and demonstrate commitment to the project.

11. Keep the MDE and the public aware and informed about grant project

progress.

12. Evaluate the extent to which measurable project objectives are being met.

13. Liquidate all obligations incurred under the award within the set

deadline.

14. Ensure and oversee the performance of final audits and resolution of

findings.

15. Establish adequate system for records retention.

3.3 Audit

Please note that the Subgrantee is required to, if applicable, have the financial and compliance audits conducted in accordance with the Single Audit Act Amendments of 1966 and 2 C.F.R. Part 200 Subpart F – Audit Requirements. Any non-federal entity that expends $750,000 or more in a year in federal awards shall have a single or program specific audit conducted for that year in accordance with the provisions of 2 C.F.R. Part 200 Subpart F. If the non-federal entity did not expend $750,000 or more in a year in federal awards, a letter MUST be provided stating that this requirement does not apply.

The financial audit shall be conducted by a certified public accountant or by an accountant certified as qualified to audit local government accounts. The audits must be performed in accordance with generally accepted auditing standards (GAAS) and the financial statements must be prepared in conformity with general accepted accounting principles (GAAP).

SECTION 4. TENTATIVE TIMELINE OF ACTIVITIES

A recommendation to the SBE for an approval of awards is anticipated for Applicants based on applications submitted and accepted, and an evaluation and selection process. All new Subgrantees approved for funding by the SBE at that time must attend subsequent mandatory meetings for all Subgrantees. An award or non-award letter will be sent to Applicants confirming the SBE’s action. The letter will include specific information on meeting dates and times, if applicable.

Important tentative dates and activities related to this solicitation are listed below.

Important Dates	Activity
January 5, 2024 January 12, 2024	RFP Issued Email and Post to MDE Website/Newspaper
January 24, 2024	Deadline for submitting questions
January 26, 2024	Questions will be posted to the MDE website
February 6, 2024	Applications deadline by 2:00 PM CST
February 15, 2024	Evaluation of applications
April 18, 2024	Notification of awards and non-awards
April, 30, 2024	Budget Revisions due (if needed)
April 30, 2024	Authorization to expend, pending approved revisions

SECTION 5. APPLICATION REQUIREMENTS

• Signed Cover Page (Form 1) - Required Signature(s)

• Budget Forms A, B, & C – Must be Completed

5.1 Formatting and Submission Directions

Applicants should submit applications using the following parameters:

• Submitted on 8.5” x 11” white paper using 12-point Times New Roman font

• Formatted using 1” margins on all sides

• Portrait setting

• Single-spaced and single-sided (pages must include the Applicant’s name and page number within the footer in the lower right-hand corner)

• The complete application including all attachments shall be submitted in a searchable Microsoft Office® format, preferably in Word® or Portable Document Format (PDF) only

• “Links” received to obtain a response via the RFXS will not be opened and the email will be rejected without further consideration for an award

• A response application received via the RFXS must include ONE application packet per the submission requirements.

• Duplicate submission of an electronic or mailed response application will result in the LAST submission being considered as a modification to the original submission. The previous submissions will be rejected and will not be considered for the evaluation and award. Any late duplicate copy will disqualify all submissions from the evaluation process for an award.

• Applicants are encouraged to submit ONE response to prevent duplication. Upon submission of the response a confirmation receipt shall be provided as assurance that the Office of Procurement received the response packet.

This grant competition is highly competitive. Applicants should ensure that all guidelines and requirements are met before submitting applications. Please note that the MDE staff will not grant permission to Applicants to modify or change the criteria established in the application. This includes extending the date and time applications are due.

5.2 Application Submission and Due Date

A signed application packet shall be submitted electronically in a PDF format via RFXS <rfxs@mdek12.org> no later than Tuesday, February 6, 2024 by 2:00 p.m. Central Standard Time (CST). Applicants shall allow at least 72 hours in advance of the due date to consider unforeseen technical issues. Applications received after the time designated in the solicitation shall be considered late and shall not be considered for an award.

Please NOTE: The email subject line and electronic document shall identify the name of the solicitation and the name of the entity/individual submitting the response. Any deviation from these instructions may result in disqualification of the response application and shall not be considered for an award.

Example Format for Subject Line: 21st Century Program by John Blue LLC (DO NOT UNDERSCORE or INSERT SYMBOLS)

OR

Shipping instructions are provided below:

An original signed application packet with one (1) copies shall be shipped/mailed and received in a sealed envelope at the MDE no later than Tuesday, February 6, 2024 by 2:00 PM Central Standard Time (CST).

Please NOTE: The return address label must be visible on the outside of the sealed shipping envelope and shall include the name of the entity/individual submitting the response. Any deviation from these instructions may result in disqualification of the response application and shall not be considered for an award.

Ship To:

MONIQUE CORLEY

Office of Procurement

The Mississippi Department of Education

FY 2023 National School Lunch Program Equipment Assistance Grant for School Food Authorities

359 North West Street

Jackson, Mississippi 39201

5.3 Restrictions on Communications

At no time shall any Applicant contact or attempt to contact any MDE staff regarding this solicitation. All correspondence shall be sent via email to the assigned contact person within the time specified in the Request for Information Section. Should it be determined that any Applicant has attempted to communicate or has communicated with any other MDE staff regarding this solicitation, MDE, at its discretion, may disqualify the Applicant from submitting an application in response to the solicitation.

5.4 Risk of Delivery

Timely submission of the application package is the sole responsibility of the Applicant. It is suggested that if the application is shipped to the MDE, it should be tracked to require an MDE mailroom staff signature and request a return receipt/notice with signature.  Any application shipped or mailed MUST be verified, date and time stamped, and recorded by an MDE mailroom staff. The time and date of the receipt will be indicated on the sealed application envelope or package by the MDE mailroom staff.  The only acceptable evidence to establish the time of receipt at the MDE will be identified by the time and date stamp of the MDE mailroom staff on the application wrapper or other documentary evidence of receipt used by the mailroom.

Packages that are delivered at the MDE in person by the applicant or a representative will NOT be opened. Packages received by shipping/mail without the appropriate acceptance by the MDE mailroom staff or is received and recorded AFTER the submission deadline will NOT be considered for an award.

The MDE will not be responsible for delivery delays or lost packets.  All risk of late arrival due to unanticipated delays – whether delivered by shipping or electronic method – is entirely on the Applicant. All Applicants are urged to take the possibility of delay into account when submitting the application and submit the packet electronically via RFXS . Applicants are encouraged to submit ONE response to prevent duplication. Upon submission of the response a confirmation receipt shall be provided as assurance that the Office of Procurement received the response packet. The Applicant shall be notified if their application was rejected and the reason for such rejection after the applicable State Board of Education session.

Supplemental or revised application information, either from the Applicant or another source, will not be accepted. An application package must contain every element intending to be submitted. Applicants are encouraged to carefully review the procedures for submitting their materials. No changes or additions to an application will be accepted after the deadline.

5.5 Rejection of Applications

Applications that do not conform to the requirements of the solicitation will be rejected by the Mississippi Department of Education. Applications will be rejected for reasons below:

• The application is received late. Late applications will be maintained unopened in the procurement file.

• The Applicant has previously been cited with major and/or significant deficiencies by the MDE in one or more programs or included on the debarment list.

• Required application and signed cover page are not included in the application.

• Additions, modifications, alterations, or perceived improvements to any portion of the solicitation shall be considered non-responsive and will not be evaluated.

• The application packet was attached as a “link” in response to the solicitation.

• In person delivery.

5.6 Conditions of Solicitation

The MDE reserves the right to accept, reject, or negotiate regarding submitted applications based on the evaluation criteria contained in the solicitation. The final decision to award a grant rest solely with the MDE.

The Applicant should note the following:

1. The MDE will not be liable for any costs associated with the preparation of applications incurred by the Applicant.

2. The selection of an Applicant is contingent upon favorable evaluation of the application; approval of the application by the review panel selected by MDE, approved budget and the State Board of Education approval.

3. The selection of an Applicant is contingent upon successful negotiation of any changes to the application as required by MDE.

4. The MDE also reserves the right to accept any application submitted for grant award, without negotiation. Therefore, Applicants are advised to propose their most favorable terms initially.

5. Applicants will be required to assume full responsibility for meeting all specified

requirements stated in the solicitation.

5.7 Acceptance of Applications

The Mississippi Department of Education (MDE) reserves the right, in its sole discretion, to waive minor irregularities in applications. A minor irregularity is a variation of the solicitation that does not affect the application or the competitiveness, give one party an advantage or benefit over other parties, or adversely impacts the interest of the MDE.

5.8 Modification or Withdrawal of an Application

Prior to the application due date, a submitted application may be withdrawn by submitting a written request for its withdrawal to the MDE, signed by the Applicant.

An application may be submitted as an amended application before the due date for receipt of applications. Such amended applications shall be a complete replacement for a previously submitted application and shall be clearly identified as such. The MDE shall not merge, collate, or assemble application materials.

Unless requested by the MDE, no other amendments, revisions, or alterations to applications shall be accepted after the application due date.

Any submitted application shall remain a valid application for one hundred eighty (180) calendar days from the application due date.

5.9 Disposition of Applications

All applications become the property of the state of Mississippi.

5.10 Requests for Information

Written questions concerning the solicitation should be emailed to: ccrawford@mdek12.org

The deadline for submitting written questions by email is Wednesday, January 24, 2024, at 5:00 p.m. Central Standard Times (CST). The answers to the questions will be provided to the general public on Friday, January 26, 2024, on the MDE’s website www.mdek12.org under the Public Notices Section/Request for Applications, Qualifications, and Application. No individual replies will be granted.

A copy of this solicitation, including all attachments and any subsequent amendments, including the Question-and-Answer amendment, if issued, will be posted on MDE’s website. It is the sole responsibility of all interested Applicants to monitor the website for updates regarding this procurement.

REQUIRED ATTACHMENTS AFTER NOTICE OF AWARD

Each of the forms below must be completed after the notice of award. Any questions regarding the forms below should be submitted to the identified contact person via email.

1. Signed Assurances (Form 2) - Required Signature(s)

2. Signed Standard Terms and Conditions (Form 3) - Required Signature

3. Signed Conflict of Interest (Form 4) - Required Signature

4. Sign Acknowledgement of Amendments (Form 5) - Required Signature

5. Verification of the registration of the active Unique Entity ID (UEI) must be submitted

6. (e.g., www.sam.gov correspondence indicating the status and expiration date, UEI letter, etc.)

Form 1

Cover Page

FY 2023 NSLP Equipment Assistance Grant

for Subgrantees

FY 2023 (School Year 2023-2024) APPLICATION PACKAGE

Submission Date: February 6, 2024

Name of School District/Applicant:	Address:	City, State:
Phone:	Fax:	E-mail:

Amount Requested Fund Year 2023-2024 $______________

UEI#

NAME OF EACH SCHOOL: Application is required for each school site	ADDRESS OF EACH SCHOOL:	IS THE SUBGRANTEE IN GOOD STANDING WITH THE MDE? Y or N

Required signatures/dates:

__________________________________________________________________

Superintendent/Executive Director/Agency Head/Fiscal Agent Date

_________________________________________________________________

Project Coordinator Date

Type Information Below:

Phone Number for Project Coordinator _______________________________

E-Mail Address for Project Coordinator _______________________________

Mailing Address for Project Coordinator

Form 2

ASSURANCES

(Please read carefully before signing)

The Applicant hereby assures that as a Subgrantee, in accordance with the statute, the Applicant submitting this application shall comply with the following:

Certain terms and conditions are required for receiving grants from the Mississippi Department of Education (MDE); therefore, the Subgrantee will agree to the items that follow.

A. The Subgrantee shall be an equal opportunity employer and shall perform to all other applicable requirements; accordingly, the Subgrantee shall neither discriminate nor permit discrimination in its operation or employment practices against any person or group of persons on the grounds of race, color, religion, national origin, disability, or sex in any manner prohibited by law. Further, the Subgrantee agrees to comply with the Civil Rights Acts of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and the No Child Left Behind Act of 2001.

Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex (including gender identity and sexual orientation), age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement. x. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. By accepting this assurance, the Subgrantee agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Subgrantee, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Subgrantee.

B. The Subgrantee agrees that the MDE, or any of its duly authorized representatives, at any time during the term of this agreement, shall have access to, and the right to audit examine any pertinent books, documents, papers, and records of Subgrantee related to Subgrantee charges and performance under this agreement. The Subgrantee shall keep such records for a period of five years after final payment under this agreement, unless the MDE authorizes their earlier disposition. Subgrantee agrees to refund to the MDE any overpayments disclosed by any such audit. However, if any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the five-year period, the records shall be retained until completion of the action and resolution of all issues that arise from it.

C. The Subgrantee assures that it possesses legal authority to apply for and to receive funds under this agreement.

D. The Subgrantee certifies they have not been barred from contracting or otherwise doing business with the State or Federal Governments.

E. This agreement shall not be modified, altered, or changed except by mutual agreement by representative(s) of each party to this agreement, and must be confirmed in writing through MDE grant modification procedures.

F. The Subgrantee shall perform all services as an independent Subgrantee and shall discharge all of its liabilities as such. No act performed or representation made, whether oral or written, by the Subgrantee with respect to third parties shall be binding on the MDE.

G. The MDE, by written notice, may terminate the grant, in whole or in part, if funds supporting the grant are reduced or withdrawn. To the extent that the grant is for services, and if so terminated, the MDE shall be liable only for payment in accordance with payment provisions of the grant for services rendered prior to the effective date of termination. The MDE, by written notice, may terminate the application for nonperformance of the applicant at any time during the term of the program. The Subgrantee agrees that work, data, etc. created under the auspices of the program shall be turned over to the MDE upon such termination. The MDE, in whole or in part, may terminate the program for cause by written notification. Furthermore, the MDE and the Subgrantee may terminate the agreement, in whole or in part, upon mutual agreement. Either the Mississippi Department of Education or the awardee may terminate this agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof. The Subgrantee shall be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the contractor covered by the agreement, less payments of compensation previously made.

H. This agreement, and all matters or issues collateral to it, shall be governed by, and constructed in accordance with, the laws of the State of Mississippi.

I. Subgrantee shall not assign or sub-grant in whole or in part, its rights or obligations under this agreement without prior written consent of MDE. Any attempted assignments without said consent shall be void and of no effect.

J. The Subgrantee adheres to the applicable provisions of the Education Department General Administrative Regulations (EDGAR): 34 CFR Subtitle A, Parts 1-99.

K. The Subgrantee adheres to the applicable regulations of the Office for Civil Rights, U.S. Department of Education: 34 CFR Subtitle B, Parts 100-199.

L. The Subgrantee adheres to the Office of Management and Budget (OMB) 2 CFR Part 200 (The Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards).

M. The Subgrantee assures that salary and wage charges will be supported by proper time reporting documentation that meets the requirements of 2 CFR Part 200.

By signing this statement, the Subgrantee hereby certifies and assures that the school district/entity submitting this document shall comply with MDE Assurances and Certifications in accordance with state and federal regulations requirements, and MDE policy and requirements pertaining to this program. The Subgrantee certifies further that the information submitted on this is true and correct.

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Superintendent/Executive Director/Fiscal Agent Signature Date

GOVERNMENT-WIDE REGULATIONS • 2 CFR Part 25: “Universal Identifier and System for Award Management”

• 2 CFR Part 170: “Reporting Sub-award and Executive Compensation Information”

• 2 CFR Part 175: “Award Term for Trafficking in Persons”

• 2 CFR Part 180: “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non-Procurement)”

• 2 CFR Part 200: “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”

• 2 CFR Part 400: USDA Implementing regulations” Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”

• 2 CFR Part 415: USDA “General Program Administrative Regulations”

• 2 CFR Part 416: USDA “General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments”

• 2 CFR Part 417: USDA “Non-Procurement Debarment and Suspension” ...