Version June 26, 2024
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Exhibit F Federal Funds Certifications FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned. DEFINITIONS Contract means a legal instrument by which a nonFederal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the nonFederal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward Contractor means an entity that receives a contract as defined in Contract. Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass- through entity and a nonFederal entity that, consistent with 31 U.S.C. 63026305: (a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the nonFederal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use; (b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the nonFederal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include: (1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only: (i) Direct United States Government cash assistance to an individual; (ii) A subsidy; (iii) A loan; (iv) A loan guarantee; or (v) Insurance. Federal awarding agency means the Federal agency that provides a Federal award directly to a nonFederal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section: (a)(1) The Federal financial assistance that a nonFederal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a nonFederal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability. (b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Version June 26, 2024
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NonFederal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: (a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and (c) Uses net proceeds to maintain, improve, or expand the operations of the organization. Obligations means, when used in connection with a nonFederal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the nonFederal entity during the same or a future period. Pass-through entity means a nonFederal entity that provides a subaward to a subrecipient to carry out part of a Federal program. Recipient means a nonFederal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients. Simplified acquisition threshold means the dollar amount below which a nonFederal entity may purchase property or services using small purchase methods. NonFederal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.) Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a nonFederal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204-24 and FAR 52.204-25, solicitations and resultant contracts shall contain the following provisions. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or ServicesRepresentation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
Version June 26, 2024
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(a) Definitions. As used in this provision Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that (1) It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer. (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or Version June 26, 2024
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(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020). (a) Definitions. As used in this clause Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The Peoples Republic of China. Covered telecommunications equipment or services means (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or Version June 26, 2024
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(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.(e)Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excludingparagraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agencys subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. APPENDIX II TO 2 CFR PART 200 (A)Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjustedamount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instanceswhere contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does offeror agree? YES Initials of Authorized Representative of offeror (B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will beeffected and the basis for settlement. (All contracts in excess of $10,000)Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract. Does offeror agree? YES Initials of Authorized Representative of offeror (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet thedefinition of federally assisted construction contract in 41 CFR Part 60-1.3 must include the equal opportunity clauseprovided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 CFR12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 CFR part 60, Office of FederalContract Compliance Programs, Equal Employment Opportunity, Department of Labor.Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror (D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all primeconstruction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliancewith the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssistedConstruction). In accordance with the statute, contractors must be required to pay wages to laborers and mechanicsat a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of thecurrent prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award acontract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts mustalso include a provision for compliance with the Copeland Anti-Kickback Act (40 U.S.C. 3145), as supplemented byDepartment of Labor regulations (29 CFR Part 3, Contractors and Subcontractors on Public Building or Public Work Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.Financed in Whole or in Part by Loans or Grants from the United States). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions. Does offeror agree? YES Initials of Authorized Representative of offeror (E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by thenon-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provisionfor compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laboreron the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible providedthat the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours workedin excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work andprovide that no laborer or mechanic must be required to work in surroundings or under working conditions which areunsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials orarticles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. Does offeror agree? YES Initials of Authorized Representative of offeror (F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of fundingagreement under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a smallbusiness firm or nonprofit organization regarding the substitution of parties, assignment or performance ofexperimental, developmental, or research work under that funding agreement, the recipient or subrecipient mustcomply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and SmallBusiness Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulationsissued by the awarding agency.Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does offeror agree? YES Initials of Authorized Representative of offeror (G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), asamendedContracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violationsmust be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)In the event Federal Transit Administration (FTA) or Department of Transportation (DOT) funding is used by Participating Public Agency, Offeror also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does offeror agree? YES Initials of Authorized Representative of offeror Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.(H)Debarment and Suspension (Executive Orders 12549 and 12689)A contract award (see 2 CFR 180.220) must not bemade to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordancewith the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 thatimplement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwiseexcluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than ExecutiveOrder 12549.Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency. Does offeror agree? YES Initials of Authorized Representative of offeror (I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)Contractors that apply or bid for an award exceeding $100,000must file the required certification. Each tier certifies to the tier above that it will not and has not used Federalappropriated funds to pay any person or organization for influencing or attempting to influence an officer or employeeof any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress inconnection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must alsodisclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Suchdisclosures are forwarded from tier to tier up to the non-Federal award.Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencingor attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of anyFederal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attemptingto influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or anemployee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersignedshall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3)The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the languageof this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certifyand disclose accordingly.Does offeror agree? YES Initials of Authorized Representative of offeror RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Additionally: (1)The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not beobligated unless steel, iron and manufactured products used in FTA-funded projects are produced in the United States,unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR661.7.A general public interest waiver from the Buy America requirements applies to microprocessors, computers,microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. Thisgeneral waiver does not extend to a product or device that merely contains a microprocessor or microcomputer and is notused solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 5323(j)(2)(C)and 49 CFR 661.11.(2)A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA- funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completedBuy America certification must be rejected as nonresponsive. This requirement does not apply to lower tiersubcontractors.The following certificates titled FTA and DOT Buy America Certification should be completed and returned with the response as part of FTA and DOT requirements. FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j) The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 CFR 661.11. Check for YES:OR Certificate of Non-Compliance with 49 USC §5323(j) The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 CFR 661.7. Check for YES:
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) -BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTSCERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j)(1) The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661. Check for YES:ORCertificate of Non-Compliance with 49 USC §5323(j)(1) The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7. Check for YES: Initials of Authorized Representative of offerorDoes offeror agree? YES Offerors Name: Address, City, State, and Zip Code: Phone Number: Fax Number: Printed Name and Title of Authorized Representative: Email Address: Signature of Authorized Representative: Date: CERTIFICATION OF ACCESS TO RECORDS 2 C.F.R. § 200.336Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offerors discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offerors personnel for the purpose of interview and discussion relating to such documents.Does offeror agree? YES Initials of Authorized Representative of offerorCERTIFICATION OF APPLICABILITY TO SUBCONTRACTORSOfferor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.Does offeror agree? YES Initials of Authorized Representative of offerorCOMMUNITY DEVELOPMENT BLOCK GRANTSPurchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Offeror shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal Funding, Offeror shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract.Does offeror agree? YES Initials of Authorized Representative of offerorOfferor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further Representative:
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Offerors Name: Address, City, State, and Zip Code:Phone Number: Fax Number: Printed Name and Title of Authorized Representative:Email Address:Signature of Authorized Representative: Date:
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONSAwarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities.Contract in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as the Master Agreement.Contractor in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as Supplier or Awarded Supplier.Conflicts of InterestNo employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict wouldarise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a financial interest to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an apparent conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (NFE) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However,NFEsmay set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFEs written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFEs employee may be dismissal, and the penalty for a contractor might be the termination of the contract.Contractor IntegrityA contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension(1989) at 2 C.F.R. Part 180 and the Department of HomelandSecuritysregulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.Notice of Legal Matters Affecting the Federal GovernmentIn the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:1) The Contractor agrees that if a current or prospective legal matter that may affect the FederalGovernment emerges, the Contractor shall promptly notify the Participating Public Agency of thelegal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.2) The types of legal matters that require notification include, but are not limited to, a major dispute,breach, default, litigation, or naming the Federal Government as a party to litigation or a legaldisagreement in any forum for any reason.3) The Contractor further agrees to include the above clause in each subcontract, at every tier,financed in whole or in part with Federal assistance provided by the FTA.Public PolicyA contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:a. Equal opportunity and nondiscrimination lawsb. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supportedby FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7c. Applicable prevailing wage laws, regulations, and executive ordersAffirmative StepsFor any subcontracting opportunities, Contractor must take the followingAffirmative steps:1. Placing qualified small and minority businesses and women's business enterprises on solicitationlists;2. Assuring that small and minority businesses, and women's business enterprises are solicitedwhenever they are potential sources;3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permitmaximum participation by small and minority businesses, and women's business enterprises;4. Establishing delivery schedules, where the requirement permits, which encourage participation bysmall and minority businesses, and women's business enterprises; and5. Using the services and assistance, as appropriate, of such organizations as the Small BusinessAdministration and the Minority Business Development Agency of the Department of Commerce.Prevailing Wage RequirementsWhen applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all lawsregarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.Federal RequirementsIf products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses1.CONTRACT REMEDIESContracts for more than the federal simplified acquisition threshold (SAT), the dollar amount belowwhich an NFE may purchase property or services using small purchase methods, currently set at$250,000 for procurements made on or after June 20, 2018,4 must address administrative,contractual, or legal remedies in instances where contractors violate or breach contract terms andmust provide for sanctions and penalties as appropriate.
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.1.1ApplicabilityThis contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.1.2Additional ConsiderationsFor FEMAs Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by thecontractsspecified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable years Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.2.TERMINATION FOR CAUSE AND CONVENIENCEa.Standard. All contracts in excess of $10,000 must address termination for cause and forconvenience by the non-Federal entity, including the manner by which it will be effectedand the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).b.Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms.3.EQUAL EMPLOYMENT OPPORTUNITYWhen applicable:a.Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meetthe definition offederally assisted construction contract in 41C.F.R.§ 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b),in accordance with Executive Order 11246,Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.339), as amended by Executive Order 11375,Amending Executive Order 11246 Relatingto Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal EmploymentOpportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).b.Key Definitions.i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3defines a federally assisted construction contract as any agreement ormodification thereof between any applicant and a person for construction work whichis paid for in whole or in part with funds obtained from the Government or borrowedon the credit of the Government pursuant to any Federal program involving a grant,contract, loan, insurance, or guarantee, or undertaken pursuant to any Federalprogram involving such grant, contract, loan, insurance, or guarantee, or anyapplication or modification thereof approved by the Government for a grant, contract, Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.loan, insurance, or guarantee under which the applicant itself participates in the construction work.ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 definesconstruction workas the construction, rehabilitation, alteration, conversion, extension, demolition orrepair of buildings, highways, or other changes or improvements to real property,including facilities providing utility services. The term also includes the supervision,inspection, and other onsite functions incidental to the actual construction.c.Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms.d.Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion ofthe following contract clause.During the performance of this contract, the contractor agrees as follows:(1)The contractor will not discriminate against any employee or applicant foremployment because of race, color, religion, sex, sexual orientation, gender identity, ornational origin. The contractor will take affirmative action to ensure that applicants areemployed, and that employees are treated during employment without regard to theirrace, color, religion, sex, sexual orientation, gender identity, or national origin. Suchaction shall include, but not be limited to the following:Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.(2)The contractor will, in all solicitations or advertisements for employees placed by oron behalf of the contractor, state that all qualified applicants will receive considerationfor employment without regard to race, color, religion, sex, sexual orientation, genderidentity, or national origin.(3)The contractor will not discharge or in any other manner discriminate against anyemployee or applicant for employment because such employee or applicant has inquiredabout, discussed, or disclosed the compensation of the employee or applicant or anotheremployee or applicant. This provision shall not apply to instances in which an employeewho has access to the compensation information of other employees or applicants as apart of such employee's essential job functions discloses the compensation of such otheremployees or applicants to individuals who do not otherwise have access to suchinformation, unless such disclosure is in response to a formal complaint or charge, infurtherance of an investigation, proceeding, hearing, or action, including an investigationconducted by the employer, or is consistent with the contractor's legal duty to furnishinformation.(4)The contractor will send to each labor union or representative of workers with whichhe has a collective bargaining agreement or other contract or understanding, a notice tobe provided advising the said labor union or workers' representatives of the contractor'scommitments under this section and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.(5)The contractor will comply with all provisions of Executive Order 11246 of September24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.(6)The contractor will furnish all information and reports required by Executive Order11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto, and will permit access to his books, records, and accounts bythe administering agency and the Secretary of Labor for purposes of investigation toascertain compliance with such rules, regulations, and orders.(7)In the event of the contractor's noncompliance with the nondiscrimination clauses ofthis contract or with any of the said rules, regulations, or orders, this contract may becanceled, terminated, or suspended in whole or in part and the contractor may bedeclared ineligible for further Government contracts or federally assisted constructioncontracts in accordance with procedures authorized in Executive Order 11246 ofSeptember 24, 1965, and such other sanctions may be imposed and remedies invokedas provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, ororder of the Secretary of Labor, or as otherwise provided by law.(8)The contractor will include the portion of the sentence immediately precedingparagraph (1) and the provisions of paragraphs (1) through (8) in every subcontract orpurchase order unless exempted by rules, regulations, or orders of the Secretary ofLabor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. Thecontractor will take such action with respect to any subcontract or purchase order as theadministering agency may direct as a means of enforcing such provisions, includingsanctions for noncompliance:Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge ofthe agency's primary responsibility for securing compliance.The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may beimposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.4.DAVIS-BACON ACTa.Standard. All prime construction contracts in excess of $2,000 awarded by non- Federalentities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed andAssisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less thanthe prevailing wages specified in a wage determination made by the Secretary of Labor. Inaddition, contractors must be required to pay wages not less than once a week.b.Applicability. The Davis-Bacon Act applies to the Emergency Management PreparednessGrant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, TribalHomeland Security Grant Program, Port Security Grant Program, and Transit Security GrantProgram.c.Requirements. If applicable, the non-federal entity must do thefollowing:i. The non-Federal entity must place a copy of the current prevailing wagedetermination issued by the Department of Labor in each solicitation. The decisionto award a contract or subcontract must be conditioned upon the acceptance ofthe wage determination. The non-Federal entity must report all suspected orreported violations to the Federal awarding agency.ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to theDavis-Bacon Act, must also include a provision for compliance with the CopelandAnti-KickbackAct (40 U.S.C. § 3145), as supplemented by Department of Laborregulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on PublicBuilding or Public Work Financed in Whole or in Part by Loans or Grants from theUnited States). The Copeland Anti- Kickback Act provides that each contractor orsubrecipient must be prohibited from inducing, by any means, any personemployed in the construction, completion, or repair of public work, to give up anypart of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA.iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29CFR Part 5, Labor Standards Provisions Applicable to Contracts CoveringFederally Financed and AssistedConstruction).Suggested Language. The following provides a sample contract clause: Compliance with the Davis-Bacon Act.
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.a.All transactions regarding this contract shall be done incompliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and3146-3148) and the requirements of 29 C.F.R. pt. 5 as may beapplicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 asapplicable.b.Contractors are required to pay wages to laborers and mechanicsat a rate not less than the prevailing wages specified in a wagedetermination made by the Secretary of Labor.c.Additionally, contractors are required to pay wages not less thanonce a week.5.COPELAND ANTI-KICKBACK ACTa.Standard. Recipient and subrecipient contracts must include a provision for compliance withthe CopelandAnti-KickbackAct (40 U.S.C. 3145), as supplemented by Department of Laborregulations (29 CFR Part 3, Contractors and Subcontractors on Public Building or PublicWork Financed in Whole or in Part by Loans or Grants from the UnitedStates).b.Applicability. This requirement applies to all contracts for construction or repair work above$2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMAPublic Assistance Program.c.Requirements. If applicable, the non-federal entity must include a provision for compliancewith the Copeland Anti-Kickback Act (40 U.S.C. § 3145), as supplemented by Departmentof Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Buildingor Public Work Financed in Whole or in Part by Loans or Grants from the United States). Eachcontractor or subrecipient must be prohibited from inducing, by any means, any personemployed in the construction, completion, or repair of public work, to give up any part of thecompensation to which he or she is otherwise entitled. The non-Federal entity must report allsuspected or reported violations to FEMA. Additionally, in accordance with the regulation,each contractor and subcontractor must furnish each week a statement with respect to thewages paid each of its employees engaged in work covered by the Copeland Anti-KickbackAct and the Davis Bacon Act during the preceding weekly payroll period. The report shall bedelivered by the contractor or subcontractor, within seven days after the regular payment dateof the payroll period, to a representative of a Federal or State agency in charge at the site ofthe building or work.Sample Language. The following provides a sample contract clause:Compliance with the Copeland Anti-Kickback Act.a.Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C.§ 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract.b.Subcontracts. The contractor or subcontractor shall insert in anysubcontracts the clause above and such other clauses as FEMA mayby appropriate instructions require, and also a clause requiring thesubcontractors to include these clauses in any lower tier subcontracts.
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.c.Breach. A breach of the contract clauses above may be grounds fortermination of the contract, and for debarment as a contractor andsubcontractor as provided in 29 C.F.R. §5.12.6.CONTRACT WORK HOURS AND SAFETY STANDARDSACTa.Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by thenon-Federal entity in excess of $100,000 that involve the employment of mechanics orlaborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, assupplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required tocompute the wages of every mechanic and laborer on the basis of a standard work weekof 40 hours. Work in excess of the standard work week is permissible provided that theworker is compensated at a rate of not less than one and a half times the basic rate ofpay for all hours worked in excess of 40 hours in the work week. Further, no laborer ormechanic must be required to work in surroundings or under working conditions whichare unsanitary, hazardous, or dangerous.b.Applicability. This requirement applies to all FEMA contracts awarded by the non- federalentity in excess of $100,000 under grant and cooperative agreement programs that involvethe employment of mechanics or laborers. It is applicable to construction work. Theserequirements do not apply to the purchase of supplies or materials or articles ordinarilyavailable on the open market, or contracts for transportation or transmission ofintelligence.c.Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clauselanguage concerning compliance with the Contract Work Hours and Safety StandardsAct. FEMA suggests including the following contract clause:Compliance with the Contract Work Hours and Safety Standards Act.(1)Overtime requirements. No contractor or subcontractor contracting for any part of thecontract work which may require or involve the employment of laborers or mechanics shallrequire or permit any such laborer or mechanic in any workweek in which he or she isemployed on such work to work in excess of forty hours in such workweek unless suchlaborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in suchworkweek.(2)Violation; liability for unpaid wages; liquidated damages.In the event of any violationof the clause set forth in paragraph (b)(1) of this section the contractor and anysubcontractor responsible therefor shall be liable for the unpaid wages. In addition, suchcontractor and subcontractor shall be liable to the United States (in the case of workdone under contract for the District of Columbia or a territory, to such District or to suchterritory), for liquidated damages. Such liquidated damages shall be computed withrespect to each individual laborer or mechanic, including watchmen and guards,employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sumof Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.$27 for each calendar day on which such individual was required or permitted to work inexcess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.(3)Withholding for unpaid wages and liquidated damages. The Federal agency orloan/grant recipient shall upon its own action or upon written request of an authorizedrepresentative of the Department of Labor withhold or cause to be withheld, from anymoneys payable on account of work performed by the contractor or subcontractor underany such contract or any other Federal contract with the same prime contractor, or anyother federally-assisted contract subject to the Contract Work Hours and SafetyStandards Act, which is held by the same prime contractor, such sums as may bedetermined to be necessary to satisfy any liabilities of such contractor or subcontractorfor unpaid wages and liquidated damages as provided in the clause set forth inparagraph (b)(2) of this section.(4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts theclauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiringthe subcontractors to include these clauses in any lower tier subcontracts. The primecontractor shall be responsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in paragraphs (b)(1) through (4) of thissection.7.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORAGREEMENTa.Standard. If the FEMA award meets the definition offunding agreementunder 37C.F.R.§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small businessfirm or nonprofit organization regarding the substitution of parties, assignment orperformance of experimental, developmental, or research work under that fundingagreement,the non- Federal entity must comply with the requirements of 37 C.F.R. Part401 (Rights to Inventions Made by Nonprofit Organizations and Small Business FirmsUnder Government Grants, Contracts and Cooperative Agreements), and anyimplementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).b.Applicability. This requirement applies tofunding agreements, but it DOESNOT applyto the Public Assistance, Hazard Mitigation Grant Program, Fire Management AssistanceGrant Program, Crisis Counseling Assistance and Training Grant Program, Disaster CaseManagement Grant Program, and Federal Assistance to Individuals and Households Other Needs Assistance Grant Program, as FEMA awards under these programs do notmeet the definition of funding agreement.c.Funding Agreements Definition. The regulation at 37C.F.R. § 401.2(a) defines fundingagreement as any contract, grant, or cooperative agreemententered into between anyFederal agency, other than the Tennessee Valley Authority, and any contractor for theperformance of experimental, developmental, or research work funded in whole or in partby the Federal government. This term also includes any assignment, substitution ofparties, or subcontract of any type entered into for the performance of experimental,developmental, or research work under a funding agreement as defined in the firstsentence of this paragraph.8.CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROLACTa.Standard. If applicable, contracts must contain a provision that requires the contractor toagree to comply with all applicable standards, orders, or regulations issued pursuant tothe Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).b.Applicability. This requirement applies to contracts awarded by a non-federal entity ofamounts in excess of $150,000 under a federal grant.c.Suggested Language. The following provides a sample contract clause.Clean Air Act1.The contractor agrees to comply with all applicable standards, orders orregulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.2.The contractor agrees to report each violation to the Participating PublicAgency and understands and agrees that the Participating Public Agencywill, in turn, report each violation as required to assure notification to theFederal Emergency Management Agency, and the appropriateEnvironmental Protection Agency Regional Office.3.The contractor agrees to include these requirements in each subcontractexceeding $150,000 financed in whole or in part with Federal assistanceprovided by FEMA.Federal Water Pollution Control Act1.The contractor agrees to comply with all applicable standards, orders, orregulations issued pursuant to the Federal Water Pollution Control Act, asamended, 33 U.S.C. 1251 et seq.2.The contractor agrees to report each violation to the Participating PublicAgency and understands and agrees that the Participating Public Agencywill, in turn, report each violation as required to assure notification to theFederal Emergency Management Agency, and the appropriateEnvironmental Protection Agency Regional Office.3.The contractor agrees to include these requirements in each subcontractexceeding $150,000 financed in whole or in part with Federal assistanceprovided byFEMA.9.DEBARMENT AND SUSPENSIONa.Standard. Non-Federal entities and contractors are subject to the debarment andsuspension regulations implementing Executive Order 12549, Debarment andSuspension(1986) and Executive Order 12689,Debarment and Suspension(1989) at 2C.F.R. Part 180 and the Department of HomelandSecuritysregulations at 2 C.F.R. Part3000 (Non-procurement Debarment and Suspension).b.Applicability. This requirement applies to all FEMA grant and cooperative Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.agreement programs.c.Requirements.i.These regulations restrict awards, subawards, and contracts with certain partiesthat are debarred, suspended, or otherwise excluded from or ineligible forparticipation in Federal assistance programs and activities. See 2 C.F.R. Part 200,Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made toparties listed in the SAM Exclusions. SAM Exclusions is the list maintained by theGeneral Services Administration that contains the names of parties debarred,suspended, or otherwise excluded by agencies, as well as parties declaredineligible under statutory or regulatory authority other than Executive Order 12549.SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.ii.In general, anexcludedparty cannot receive a Federal grant award or a contractwithin the meaning of a covered transaction, to include subawards andsubcontracts. This includes parties that receive Federal funding indirectly, suchas contractors to recipients and subrecipients. The key to the exclusion is whetherthere is a covered transaction, which is any non-procurement transaction (unlessexcepted) at either a primary or secondary tier. Although coveredtransactions do not include contracts awarded by the Federal Government forpurposes of the non-procurement common rule and DHSs implementingregulations, it does include some contracts awarded by recipients andsubrecipients.iii.Specifically, a covered transaction includes the following contracts for goods orservices:1.The contract is awarded by a recipient or subrecipient in the amount of atleast $25,000.2.The contract requires the approval of FEMA, regardlessof amount.3.The contract is for federally-required auditservices.4.A subcontract is also a covered transaction if it is awarded by thecontractor of a recipient or subrecipient and requires either the approval ofFEMA or is in excess of$25,000.d.Suggested Language. The following provides a debarment and suspension clause. Itincorporates an optional method of verifying that contractors are not excluded ordisqualified.Suspension and Debarment(1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.pt. 3000. As such, the contractor is required to verify that noneof the contractorsprincipals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2C.F.R. § 180.935).(2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.(3)This certification is a material representation of fact relied upon by the ParticipatingPublic Agency. If it is later determined that the contractor did not comply with 2C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remediesavailable to the Participating Public Agency, the Federal Government may pursueavailable remedies, including but not limited to suspension and/or debarment.(4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughoutthe period of any contract that may arise from this offer. The bidder or proposerfurther agrees to include a provision requiring such compliance in its lower tiercovered transactions.10.BYRD ANTI-LOBBYING AMENDMENTa.Standard. Each tier certifies to the tier above that it will not and has not used Federalappropriated funds to pay any person or organization for influencing or attempting toinfluence an officer or employee of any agency, a Member of Congress, officer oremployee of Congress, or an employee of a Member of Congress in connection withobtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.FEMAsregulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352and provides, in Appendix A to Part 18, a copy of the certification that is required to becompleted by each entity as described in 31 U.S.C. § 1352. Each tier must also discloseany lobbying with non-Federal funds that takes place in connection with obtaining anyFederal award. Such disclosures are forwarded from tier to tier up to the Federalawarding agency.b.Applicability. This requirement applies to all FEMA grant and cooperative agreementprograms. Contractors that apply or bid for a contract of $100,000 or more under a federalgrant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C.§ 1352; and 44 C.F.R. Part 18.c.Suggested Language.Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)Contractors who apply or bid for an award of $100,000 or more shall file the requiredcertification. Each tier certifies to the tier above that it will not and has not used Federalappropriated funds to pay any person or organization for influencing or attempting toinfluence an officer or employee of any agency, a Member of Congress, officer oremployee of Congress, or an employee of a Member of Congress in connection withobtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.Each tier shall also disclose any lobbying with non-Federal funds that takes place inconnection with obtaining any Federal award. Such disclosures are forwarded from tierto tier up to the recipient who in turn will forward the certification(s) to the awardingagency.d.Required Certification. If applicable, contractors must sign and submit to the non-federal Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.entity the following certification.APPENDIX A, 44 C.F.R. PART 18CERTIFICATION REGARDING LOBBYINGCertification for Contracts, Grants, Loans, and Cooperative AgreementsThe undersigned certifies, to the best of his or her knowledge and belief, that:1.No Federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned, to any person for influencing or attempting to influence an officer oremployee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of anyFederal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, orcooperative agreement.2.If any funds other than Federal appropriated funds have been paid or will be paid toany person for influencing or attempting to influence an officer or employee of anyagency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with this Federal contract, grant, loan, orcooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with itsinstructions.3.The undersigned shall require that the language of this certification be included inthe award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and thatall subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor,, certifies or affirms thetruthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature ofContractorsAuthorized OfficialName and Title ofContractorsAuthorized OfficialDate Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.11.PROCUREMENT OF RECOVERED MATERIALSa.Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a stateand its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amendedby the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2C.F.R. §200.322.b.Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMAgrant and cooperative agreement programs.c.Requirements. The requirements of Section 6002 include procuring only items designated inguidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recoveredmaterials practicable, consistent with maintaining a satisfactory level of competition, where thepurchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000;procuring solid waste management services in a manner that maximizes energy and resourcerecovery; and establishing an affirmative procurement program for procurement of recoveredmaterials identified in the EPA guidelines.d.Suggested Language.i.In the performance of this contract, the Contractor shall make maximum use of productscontaining recovered materials that are EPA-designated items unless the product cannotbe acquired1. Competitively within a timeframe providing for compliance with the contractperformance schedule;2. Meeting contract performance requirements; or3. At a reasonable price.ii.Information about this requirement, along with the list of EPA- designated items, isavailable at EPAs Comprehensive Procurement Guidelines web site,https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.iii.The Contractor also agrees to comply with all other applicable requirements of Section6002 of the Solid Waste DisposalAct.12.DOMESTIC PREFERENCES FOR PROCUREMENTSAs appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extentpracticable under a federal award, provide a preference for the purchase, acquisition, or use of goods,products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel,cement, and other manufactured products.Applicability For purchases in support of FEMA declarations and awards issued on or after November 12,2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders forwork or products a contract provision encouraging domestic preference for procurements.Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractorshould, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel,cement, and other manufactured products. For purposes of this clause: Produced in the United States means,for iron and steel products, that all manufacturing processes, from the initial melting stage through theapplication of coatings, occurred in the United States. Manufactured products mean items and constructionmaterials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-basedproducts such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; andlumber.13.ACCESS TO RECORDS Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledgeand agree to comply with applicable provisions governing DHS access to records, accounts,documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and theright to examine and copy, records, accounts, and other documents and sources of informationrelated to the federal financial assistance award and permit access to facilities, personnel, and otherindividuals and information as may be necessary, as required by DHS regulations and otherapplicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018).Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA fromproviding reimbursement to any state, local, tribal, or territorial government, or private non-profit foractivities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMAadministrator or Comptroller General.Access to Records. The following access to records requirements apply to this contract:i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, theComptroller General of the United States, or any of their authorized representatives accessto any books, documents, papers, and records of the Contractor which are directly pertinentto this contract for the purposes of making audits, examinations, excerpts, and transcriptions.ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any meanswhatsoever or to copy excerpts and transcriptions as reasonably needed.iii.The Contractor agrees to provide the FEMA Administrator or his authorized representativesaccess to construction or other work sites pertaining to the work being completed under thecontract.iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency andthe Contractor acknowledge and agree that no language in this contract is intended toprohibit audits or internal reviews by the FEMA Administrator or the Comptroller General ofthe UnitedStates.14.CHANGESa. Standard. To be eligible for FEMA assistance under the non-Federal entitys FEMA grant orcooperative agreement, the cost of the change, modification, change order, or constructive changemust be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonablefor the completion of project scope.b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in itscontract that describes how, if at all, changes can be made by either party to alter the method, price,or schedule of the work without breaching the contract. The language of the clause may differdepending on the nature of the contract and the end-item procured.15.DHS SEAL, LOGO, AND FLAGSa. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, orreproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms andConditions: Version 8.1 (2018).b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision thata contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses ofDHS agency officials without specific FEMA pre-approval.c.The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenessesof DHS agency officials without specific FEMA pre-approval.
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.16.COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERSa. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations,and executive orders.b. Applicability. FEMA recommends that all non-Federal entities place into their contracts anacknowledgement that FEMA financial assistance will be used to fund the contract along with therequirement that the contractor will comply with all applicable Federal law, regulations, executiveorders, and FEMA policies, procedures, and directives.c.This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion ofthe contract. The contractor will comply with all applicable Federal law, regulations, executive orders,FEMA policies, procedures, and directives.17.NO OBLIGATION BY FEDERAL GOVERNMENTa. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA isnot subject to any obligations or liable to any party for any matter relating to the contract.b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract thatstates that the Federal Government is not a party to the contract and is not subject to any obligationsor liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resultingfrom the contract.c.The Federal Government is not a party to this contract and is not subject to any obligations orliabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resultingfrom the contract.18.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTSa. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false orfraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract thatthe contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims andStatements) applies to its actions pertaining to the contract.c.The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claimsand Statements) applies to the Contractors actions pertaining to this contract.d. In the event FTA or DOT funding is used by a Participating Public Agency, Contractor furtheracknowledges U.S. DOT regulations, Program Fraud Civil Remedies, 49 CFR Part 31, and applyto its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractorcertifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make,or causes to me made, pertaining to the underlying Contract or the FTA assisted project for whichthis Contract Work is being performed.
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates and applies to our business model.In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, exceptto identify the subcontractor who will be subject to the provisions.Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation. Offerors Name:Address, City, State, and Zip Code:Phone Number:Fax Number: Printed Name and Title of Authorized Representative:Email Address:Signature of Authorized Representative:Date:
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates with and applies to our business model.Exhibit GNew Jersey Business ComplianceNEW JERSEY BUSINESS COMPLIANCESuppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete thefollowing forms specific to the State of New Jersey. Completed forms should be submitted with the Failure to complete the New Jersey packet will impact OMNIA DOC #1 Ownership Disclosure Form DOC #2 Non-Collusion Affidavit DOC #3 Affirmative Action AffidavitDOC #4 Political Contribution Disclosure Form DOC #5 Stockholder Disclosure CertificationDOC #6 Disclosure of Investment Activities in IranDOC #7 Certification of Non-Involvement in Prohibited Activities in Russia or Belarus DOC #8 New Jersey Business Registration CertificateDOC #9 EEOAA EvidenceDOC #10 MacBride Principals FormNew Jersey suppliers are required to comply with the following New Jersey statutes when applicable:all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; andBid and Performance Security, as required by the applicable municipal or state statutes.
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Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates with and applies to our business model.DOC #1STATEMENT OF OWNERSHIP DISCLOSUREN.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bidor proposal.Name of Organization: Genetec, Inc.Organization Address: 2280 Boulevard Alfred-Nobel, MontrealPart ICheck the box that represents the type of business organization:Sole Proprietorship (skip Parts II and III, execute certification in Part IV)Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)For-Profit Corporation (any type)Limited Liability Company (LLC)PartnershipLimited PartnershipLimited Liability Partnership (LLP)Other (be specific): Part IIThe list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company whoown a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)ORNo one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be.(SKIP TO PART IV)(Please attach additional sheets if more space is needed):NameofIndividualorBusiness EntityHomeAddress(forIndividuals)orBusinessAddress Version June 26, 2024
Prior to completion and signature of this document, we kindly request the opportunity to discuss how this integrates with and applies to our business model.Part IIIDISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART IIIf a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person.Attach additional sheets if more space is needed.Website(URL)containingthelastannualSEC(orforeignequivalent)filingPagePlease listthe names and addresses of each stockholder, partner or member owning a 10 percentor greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant toN.J.S.A. 52:25-24.2 has been listed.Attach additional sheets if more space is needed.Stockholder/Partner/Member and Corresponding Entity Listed in Part IIHomeAddress(forIndividuals)orBusinessAddressPart IVCertificationI, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the<name of contracting unit>is relying on the information contained herein and that Iam under a continuing obligation from the date of this certification through the completion of any contracts with<type of contracting unit>to notify the<type of contracting unit>in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.Full Name (Print):Title:Signature: Date:DOC #2
NON-COLLUSION AFFIDAVIT
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STANDARD BID DOCUMENT REFERENCEReference: VII-HName of Form:NON-COLLUSION AFFIDAVITStatutory Reference:No specific statutory referenceState Statutory Reference N.J.S.A. 52:34-15Instructions Reference:Statutory and Other Requirements VII-HDescription:ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwisetaken any action in restraint of free and competitive bidding.
NON-COLLUSION AFFIDAVIT
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State of New JerseyCounty of ss:I, residing in (name of affiant) (name of municipality)in the County of and State of of full age, being duly sworn according to law on my oath depose and say that:I am of the firm of (title or position) (name of firm)the bidder making this Proposal for the bidentitled , and that I executed the said proposal with(title of bid proposal)full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal andin this affidavit are true and correct, and made with full knowledge that therelies upon the truth of the statements contained in said Proposal(name of contracting unit)and in the statements contained in this affidavit in awarding the contract for the said project.I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial orselling agencies maintained by .Subscribed and sworn tobefore me this daySignature, 2(Type or print name of affiant under signature)Notary public ofMy Commission expires (Seal) Version June 26, 2024
DOC #3AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127)Company Name:Street:City, State, Zip Code:Proposal Certification:will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.Required Affirmative Action Evidence:Procurement, Professional & Service Contracts (Exhibit A)Vendors must submit with proposal:1. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);OR2. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;OR3. A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.Public WorkOver $50,000 Total Project Cost:A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA201) for this contract.B. Approved Federal or New Jersey Plancertificate enclosedI further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.Date Authorized Signature and Title Version June 26, 2024
DOC #3, continuedP.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGEPROCUREMENT, PROFESSIONAL AND SERVICECONTRACTSDuring the performance of this contract, the contractor agrees as follows:The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with thestatutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).Signature of Procurement Agent Version June 26, 2024
DOC #4C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORMPublic Agency InstructionsIt is not intended to be provided to contractors.not awardedThe form is worded to accept this alternate submission. received from the contractor andshould edit them to properly reflect the correct legislative districtthey list all legislative districts Districts that do not represent the public agency should be removed from the lists.
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C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORMContractor Instructions*ooooThe disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 formore details on reportable contributions.N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:When the business entity is a natural person,contribution by thatspouse or child, residing therewith, shall be deemed to be a contributionN.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement.responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as thesubmission and is disclosable to the public under theOpen Public Records Act.The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law.NOTE: This section does not apply to Board of Education contracts.*N.J.S.A. 19:44A-3(s):term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65(C.19:44A- DOC #4, continued
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C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORMRequired Pursuant to N.J.S.A. 19:44A-20.26Part IVendor InformationVendorName:Address:City:State:Zip:The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.Signature Printed Name TitlePart IIContribution DisclosureD Check here if disclosure is provided in electronic formContributorNameRecipientNameDateDollarAmount$ DCheck here if the information is continued on subsequent page(s) This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to thecommittees of the government entities listed on the form provided by the local unit.
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List of Agencies with Elected Officials Required for Political Contribution DisclosureN.J.S.A. 19:44A-20.26County Name:State: Governor, and Legislative Leadership Committees Legislative District #s:State Senator and two members of the General Assembly per district.County:Freeholders County Clerk Sheriff{County Executive} SurrogateMunicipalities (Mayor and members of governing body, regardless of title):USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY-BASED, CUSTOMIZABLE FORM.
DOC #6
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DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORMSTATE OF NEW JERSEYDEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230BID SOLICITATION # AND TITLE: VENDOR NAME:Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter intoor renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of thehttps://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.CHECK THE APPROPRIATE BOXI certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), that neither the Vendor/Bidder listed above nor any of its parents,subsidiaries, or affiliates is listed on the New Jersey Department of theChapter 25 List of entities determined to be engaged in prohibited activities inIran.ORI am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the New JerseyDepartment of theChapter 25 List. I will provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the information requested below.Entity Engaged in Investment Activities Relationship to Vendor/ Bidder Description of ActivitiesDuration of Engagement Anticipated Cessation Date*Attach Additional Sheets If Necessary.CERTIFICATIONI, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, tothe best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor isunder a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes tothe information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may besubject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s)resulting from this certification void and unenforceable.Signature DatePrint Name and TitleDPP Rev. 12.13.2021
DOC #7
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CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter i that seeks to enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify: (Check the Appropriate Box) That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus. OR That I am unable to certify as to above, because the Vendor is identified on the OFAC Specially Designated Nationalsand Blocked Persons list on account of activity related to Russia and/or Belarus. OR That I am unable to certify as to because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia and/or Belarus consistent with federal law, regulation, license C.or exemption. A detailed description of how the activity related to Russia and/or Belarus is consistent with federal law is set forth below. (Attach Additional Sheets If Necessary.) Signature of Authorized Representative Date Print Name and Title of Authorized Representative FEIN Name Phone Number Address (Street Address) Fax Number Address (City/State/Zip Code) Email Address i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company, business association, soleproprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of agovernment, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Anyparent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2). NJ Rev. 1.22.2024 A.B.
DOC #8
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NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44)Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract.https://www.njportal.com/DOR/BusinessRegistration/ DOC #9EEOAA EVIDENCEEqual Employment Opportunity/Affirmative ActionGoods, Professional Services & General Service ProjectsEEO/AA EvidenceVendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. andN.J.A.C.17:27 in order to be considered a responsible vendor.Oneof the following must be included with submission:Copy of Letter of Federal ApprovalCertificate of Employee Information ReportFully Executed Form AA302Fully Executed EEO-1 ReportSee the guidelines at: https://www.state.nj.us/treasury/contract compliance/documents/pdf/guidelines/pa.pd ffor further information.I certify that my bid package includes the required evidence per the above list and State website.Name: Title:Signature: Date:
DOC #10
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MACBRIDE-PRINCIPLES STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON,NEW JERSEY 08625-0230 BID SOLICITATION # AND TITLE: VENDOR NAME: Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder is required to provide a certification in compliance with the MacBride Principles and Northern Ireland Act of 1989. Pursuant to N.J.S.A. 52:34-12.2, Vendor/Bidder must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/ Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principles that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that: CHECK THE APPROPRIATE BOX The Vendor/Bidder has no business operations in Northern Ireland; or OR The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principles of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principles. CERTIFICATION I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable. Signature Date Print Name and Title DPP Rev. 12.13.2021
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Request for Vendor Contract Update Pursuant to the terms of your awarded vendor contract, all vendors must notify and receive approval from Region 4/OMNIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Genetec, Inc. hereby provides notice of the following update to (Vendor Name) Contract number: R250204 _ for Weapons and Threat Detection Equipment, Services, and Other Solutions _on this date 10/07/2025 . Contract Title Instructions: Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. X Authorized Distributors/Dealers X Addition Deletion Supporting Documentation Products/Services New Addition Update Only Supporting Documentation Discontinued Products/Services Supporting Documentation States/Territories Supporting Documentation Price Update Supporting Documentation Material Change Assignment Change in ownership (sale/purchase) Bankruptcy Acquisition Merger Supporting Documentation Other Supporting Documentation Notes: Vendor may include other notes regarding the contract update here: (attach another page if necessary). For material changes, indicate the name of the company of the awarded supplier and the official name of assigned or added company. Awarded Supplier: Genetec IncA-Com Technologies, LLC; All Secured Security Services, LL: CDW; CompuNet; Convergint; Cornerstone Detention Products; EyeP Solutions, Inc.; IK Systems, Inc.; Inspiring Technologies Corporation; Johnson Controls (JCI); Minuteman Security & Life Safety; Moss; NextGen Security, LLC; People Drive Technology; Preferred Technologies, LLC; Prime Communications, Inc. (dba Prime Secured); RL Controls, LLC; Skyline Technology Solutions; SecureWatch24 (SW24); Turn-Key Mobile, Inc. Signature of Vendor: Submitted By: Jeanne Smith Approved Date Denied Date
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Title: Program Manager, Grants and ContractsContact Phone Number: (214) 789-2217 Region 4 ESC: Email Address: [email protected] For material changes, the awarded contract holder and/or subsequent assignee agrees to and understands the following principles: i. Contract holder reference. If the contract holder undergoes a merger, acquisition, or partial assignment, in which case they still maintain the contract, then all transactions made under the existing contract number (including purchase orders) must reference the name of the awarded contract holder. The exception to this requirement is if the contract holder no longer holds the contract or if the company has been acquired by another company and undergone a name change. Notice of the authorized name change, to the existing contract, must be provided and approved by Region 4. In instances where the contract holder has acquired a separate and distinct company, and it is necessary to designate those certain purchases facilitated by the non-contract holder, then this designation may be made if, and only if, the contract holder is also referenced on the transaction. ii. Maintenance of records. Both the awarded contract holder and subsequent assignee agree to remain responsible for maintaining all auditable records, including documents kept in the ordinary course of business and sales invoices, related to OMNIA Partners, Public Sector and/or contract number pursuant to the statutory requirements identified in the vendor contract. iii. Payments. Both the awarded contract holder and subsequent assignee agree that all payments made by participating entities must be made directly to the contract holder, unless otherwise approved by Region 4. Accordingly, both parties acknowledge that in instances where it is necessary to designate the purchases facilitated by assignee, that the contract holder must also be referenced on the purchase order. iv. Handling of Proprietary and/or Confidential Information. In accord with the terms of the contract, both awarded vendor and assignee agree that at all times it will hold in strict confidence and not disclose to any third party Confidential and/or Proprietary information of Region 4, except as approved in writing by Region 4, and will use the Confidential Information for no purpose other than providing services under the contract. Both awarded vendor and assignee shall only permit access to Confidential Information to those of its employees or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. This document is to be construed in strict accordance with the terms and conditions outlined in the Region 4/vendor Master Agreement referenced herein. Both awarded vendor and assignee agree to uphold the vendor obligations set forth in the vendor agreement. This Agreement will become effective when signed by all parties.
Signature Region 4 ESC 1st Review: ______ Initials