7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
Solicitation Number 23-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
Roofing Products, Services and Job-Order-Contracting (JOC) Services
SUBMITTAL DEADLINE: Tuesday, June 20, 2023, 2:00 PM CENTRAL TIME
Questions regarding this RFP must be submitted in writing to Crystal Wallace, Business Operations Specialist,
at questions@esc4.net no later than May 26, 2023. All questions and answers will be posted to
https://www.esc4.net/services/purchasing/region-4-omnia-solicitations. Offerors are responsible for viewing the
website to review all questions and answers prior to submitting proposals. Oral communications concerning this
RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.
Proposals must be sealed, prominently marked with the RFP solicitation number, RFP title, RFP opening
time/date and name of Offeror. Submissions must be received by the Region 4 ESC office at: 7145 West Tidwell
Road, Houston, TX 77092 no later than 2:00 p.m. central time. Proposals received prior to the submittal deadline
will be time-stamped upon receipt and kept secure and unopened. At the submittal deadline, Region 4 ESC will
collect all proposals received before the deadline in the room designated for the proposal opening. Proposals will
be opened and recorded publicly. Any proposal received later than the specified time, whether delivered in
person, courier or mailed, will not be considered. Late proposals will be returned to sender unopened.
VIRTUAL ONLY NON-MANDATORY PRE-PROPOSAL CONFERENCE
Offerors are strongly encouraged, but not required to participate in a pre-proposal conference with the Business
Operations Specialist, which will be held on May 24, 2023 at 02:00 pm. To attend the conference, potential Offeror
must notify Crystal Wallace, Business Operations Specialist, at cwallace@esc4.net, by May 23, 2023. Offeror’s
who anticipate attending the pre-proposal conference and send notification will receive an email with call
instructions prior to the date and time of the pre-proposal conference. The purpose of this conference is to clarify
the contents of this RFP in order to prevent any misunderstanding of Region 4 ESC’s position. Any doubt as to
the requirements of this RFP or any apparent omission or discrepancy should be presented to Region 4 ESC at
this conference. Region 4 ESC will then determine the appropriate action necessary, if any, and may issue a
written addendum to the RFP. Oral statements or instructions will not constitute an addendum to this RFP.
Publication Date: May 10, 2023
Version September 14, 2021
I. SCOPE OF WORK
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
Offerors with the intent to enter into a Contract for Roofing Products, Services, and Job-Order-
Contracting (JOC) Services. Region 4 ESC is seeking a provider that has the depth, breadth
and quality of resources necessary to complete all phases of the Contract. Awarded Offeror(s)
shall deliver products and services under the terms of this agreement. While this solicitation
specifically covers Roofing Products, Services, and Job-Order-Contracting (JOC) Services,
each awarded Offeror may offer their complete product and service offering, or balance of line.
Region 4 ESC reserves the right to accept or reject any or all balance of line items offered.
Region 4 ESC is an education service center established by the Texas Legislature in 1967 to
assist school districts and charter schools in improving efficiencies. Region 4 serves a seven-
county area comprised of 47 public school districts and 40 open-enrollment charter schools,
representing more than 1.2 million students, 105,000 educators and 1,500 campuses. Through
cooperative contracts Region 4 ESC extends the opportunity to operate more efficiently and
economically to agencies nationwide through OMNIA Partners (see below).
Roofing Products, Services and Job-Order-Contracting Services will consist of contracts with
contractors for the purpose of performing “Roofing Products, Services, and JOC Services Work
Order Assignments” (“WO” in the singular and “WOs” in the plural) on a recurring basis. Offeror
may choose to use RSMeans; when doing so, the unit prices established for the contracts shall
be specified by the latest version of the RSMeans Construction Procurement Catalog (Unit
Price Book “UPB”); the UPB utilized by the awarded Contractor(s) is hereby incorporated by
reference into this RFP.
The Contract is based on the need to provide the economic benefits of volume purchasing and
reduction in administrative costs through cooperative purchasing to schools and other
members. Although the awarded Offeror(s) may restrict sales to certain public units (for
example, state agencies or local government units), any proposal that prohibits sales from
being made to public school districts may not be considered. Sales without restriction are
preferred. These types of contracts are commonly referred to as being “piggybackable.”
NATIONAL CONTRACT
Region 4 ESC, as the Principal Procurement Agency, defined in ATTACHMENT A, has
partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant
contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners)
from this solicitation available to other public agencies nationally, including state and local
governmental entities, public and private primary, secondary and higher education entities,
non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA
Partners’ cooperative purchasing program. Region 4 ESC is acting as the contracting agency
for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the
Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners
(a “Participating Public Agency”) and by using the Master Agreement, any such Participating
Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms
of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached
hereto on ATTACHMENT A, or as otherwise agreed to. ATTACHMENT A contains additional
information about OMNIA Partners and the cooperative purchasing program.
OMNIA Partners is the largest and most experienced purchasing organization for public and
private sector procurement. Through the economies of scale created by OMNIA Partners
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public sector subsidiaries and affiliates, National IPA and U.S. Communities, our participants
now have access to more competitively solicited and publicly awarded cooperative
agreements. The lead agency contracting process continues to be the foundation on which we
are founded. OMNIA Partners is proud to offer more value and resources to state and local
government, higher education, K-12 education and non-profits.
OMNIA Partners provides shared services and supply chain optimization to government,
education and the private sector. With corporate, pricing and sales commitments from the
Offeror, OMNIA Partners provides marketing and administrative support for the Offeror that
directly promotes the Offeror’s products and services to Participating Public Agencies through
multiple channels, each designed to promote specific products and services to Public Agencies
on a national basis. Participating Public Agencies benefit from pricing based on aggregate
spend and the convenience of a contract that has already been advertised and publicly
competed. The Offeror benefits from a contract that generally allows Participating Public
Agencies to directly purchase goods and services without the Offeror’s need to respond to
additional competitive solicitations. As such, the Offeror must be able to accommodate a
nationwide demand for services and to fulfill obligations as a nationwide Offeror and respond
to the OMNIA Partners documents (ATTACHMENT A).
While no minimum volume is guaranteed to the Contractor, the estimated annual volume of
Roofing Products, Services, and Job-Order-Contracting (JOC) Services purchased under the
Master Agreement through OMNIA Partners is approximately $500M. This projection is based
on the current annual volumes among Region 4 ESC, other Participating Public Agencies
anticipated to utilize the resulting Master Agreement to be made available to them through
OMNIA Partners, and volume growth into other Public Agencies through a coordinated
marketing approach between the Contractor and OMNIA Partners.
Customer Support
Contractor shall provide timely and accurate technical advice and sales support to Region 4
ESC staff and Participating Agencies. Contractor shall respond to such requests within one (1)
working day after receipt of the request.
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PRODUCT / SERVICES SPECIFICATIONS
It is the intention of Region 4 ESC to establish an annual contract with highly qualified Offeror(s)
for Roofing Products, Services, and Job-Order Contracting Services on a national basis.
Offeror(s) shall, at the request of any Participating Public Agency, provide these covered
services under the terms of this RFP and the CONTRACT TERMS AND CONDITIONS. Offeror
shall assist the Participating Public Agency with making a determination of its individual needs,
as stated below. Although this section reflects the needs and requirements of Region 4 ESC,
OMNIA Partners Participating Agencies may have different requirements. The awarded
Offeror(s) will have the ability to offer their comprehensive Roofing Products, Services, and
Job-Order-Contracting Services on a national basis. The Roofing Products, Services, and Job-
Order-Contracting Services may include products and services associated with roofing
products, including but not limited to roof-mounted or carport-mounted utility interactive solar
panel/photovoltaic (PV) system, and job-order-contracting services which Participating Public
Agencies may elect to use. Participating Public Agencies may sign a supplemental or usage
agreement with the awarded Offeror(s) substantially based on the terms and conditions of the
Region 4 ESC contract. Participating Public Agencies may elect to negotiate certain terms to
conform to their purchasing and contracting requirements.
The Offeror shall furnish all necessary labor, materials, tools, supplies, equipment,
transportation, supervision, management and shall perform all operations necessary and
required for construction work. All work shall be performed in accordance with the requirements
set forth in the resulting contract and each mutually agreed upon work request or purchase
order issued by the Participating Public Agency. All products/materials/supplies shall be new
and not previously used.
Should an Awarded Offer utilize distributors, dealers, or subcontractors, Participating Public
Agencies may choose to issue work directly to the distributor, dealer, or subcontractor if
allowed by the Awarded Offeror and Participating Public Agency.
Offerors are encouraged to offer turn-key solutions to address the full range of roofing products
and services being sought in this solicitation, including installation, maintenance, repair, and
asset management. However, offering a turn-key solution is not a requirement that must be
met in order to be considered for award.
If Offeror is awarded a contract for the requested states and later decides to request additional
states to work in under the contract, then a written request must be made to Region 4 ESC
requesting the additional state(s). In addition, the Awarded Offeror must provide proof of
license and bonding capability to work in the requested new state(s) along with proof of
insurance and other relevant documents.
If an Offeror is awarded a contract for the requested states and later decides to request that
additional affiliates be allowed to work on this contract, then a written request must be made
to Region 4 ESC regarding the addition of the affiliate(s). Successful respondents must also
submit a written request to Region 4 ESC if they wish to discontinue an affiliate from doing
work on this contract. All work done under this contract by affiliates, subcontractors or other
parties will be the responsibility of the primary contract holder.
Offeror should describe in its business plan how it will include and work with local
subcontractors and how it will work with local architects and engineers, especially those
architectural and engineering firms already working with Participating Public Agencies.
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Region 4 ESC encourages the use of HUBs, MWBEs and SBEs both as prime and
subcontractors. However, they must meet the same minimum standards and requirements as
the Awarded Offeror. It will be the responsibility of the Awarded Offeror to pre-qualify any
subcontractors. Some Participating Public Agencies will have a set goal for subcontracting
requirements and will require that a plan be attached as an addendum to the purchase order
outlining how the contractor will endeavor to meet their goal. Specific plans as part of the
Offeror’s business plan to meet these goals will be part of the overall Offeror’s evaluation
process as well as selection process for certain Participating Public Agencies as a requirement
for their delivery orders.
Awarded Offeror(s), at its expense and included as part of overhead, will provide adequate
insurance coverage meeting at a minimum the requirements of the State of Texas or the state
where the job is located. The Offeror, if awarded a contract, will provide within 14 days but prior
to the commencement of work, a certificate of insurance showing that Region 4 ESC has been
named as an additional insured. If the member has higher insurance requirements, those
requirements may be added as an addendum to the purchase order.
Recognized holidays include: Presidents Day, Easter, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Day and New Year’s Day. Regular work hours will
be 7am to 6pm local time unless otherwise agreed by the Participating Public Agency. A
schedule for performance of work that can be met without planned overtime is the responsibility
of the Awarded Offeror, unless otherwise requested by the owner.
JOB-ORDER-CONTRACTING DELIVERY METHOD
As appropriate and allowed by chapter 2269 of the Texas Government Code, contractors may
deliver projects through the job order contracting delivery method under this contract.
PRODUCT PERFORMANCE MINIMUM REQUIREMENTS
All roof systems must meet the regulatory requirements of the International Building Code, all
applicable state and local codes for public buildings, including, but not limited to, UL 790, Class
A, and FM Class 1-90 Fastening Standards. The prime contractor awarded a contract will
comply with the latest, most stringent industry-standard construction details published by the
National Roofing Contractors Association’s the NRCA Roofing and Waterproofing Manual, 5th
edition. (NRCA, 10255 W. Higgins road, Suite 600, Rosemont, IL 60018 || 847-299-9070 || Fax
847-299-1183). Any deviations, such as the use of proprietary designs of the prime contractor
or special construction for regional climatic conditions, must be identified and explicitly agreed
to by the Participating Public Agency.
SOLAR PANEL SERVICES
Offeror may provide, but is not limited to the following, solar panel/photovoltaic (PV) systems
and services as follows:
• Pre & Post Solar installation Inspections
• Product Procurement
o Solar Slip Sheets, Solar Ballast, Solar Mounts, Solar Mounting Pads, Solar
Panels
• Construction and Installation
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• Solar Financing
• System Design and Layout
• Maintenance and Monitoring
ASSOCIATED PROJECT SUPPORT REQUIREMENTS
The Offeror shall remove movable furniture in the work area and place it back in the required
location upon completion. The purchase, delivery and storage of project construction materials
should not interfere with the Participating Public Agency’s operations. Damages that occur to
the Participating Public Agency’s facilities or equipment must be repaired or purchased to like
or better condition by the Offeror at no charge. All permits will be acquired by the Offeror and
invoiced at cost as part of the purchase order, unless they are provided by the Participating
Public Agency.
Region 4 ESC or its representative reserves the right to inspect any project and review the
contractor’s project files, documentation, and correspondence.
Utilities at the job sites will be furnished free of charge to the Offeror by the Participating Public
Agency. Water will be furnished free, with all the taps, connections and associated equipment
supplied free of charge to the Offeror or supplied by the Offeror and charged to the Participating
Public Agency. Upon project completion, the connections will be removed at the direction of
the Participating Public Agency.
It is the Offeror’s responsibility to analyze their electrical needs and the ability of the
Participating Public Agency’s facility to accommodate this request. The electricity at the job
site will be free to the Offeror. It will be the responsibility of the Offeror to coordinate his
requests and needs with the Participating Public Agency. If additional capacity is required, the
Offeror is responsible for arranging for the equipment, the installation and removal at his own
expense. If possible, toilet facilities will be made available by the Participating Public Agency
or the Offeror will make arrangements for portable toilets.
The Participating Public Agency reserves the right to require the Offeror’s employees,
representatives and consultants to wear identification and stay in designated work areas at all
times while on the Participating Public Agency’s property. The Participating Public Agency shall
have the right to affect the immediate removal of any person associated with the Offeror from
the Participating Public Agency’s property for failure to wear identification, for being outside a
designated work area, or for engaging in any behavior that the agency deems inappropriate
directed toward or in the vicinity of students, employees, officials, or guests of the Participating
Public Agency.
Offeror shall perform the appropriate background checks of any personnel that will be
performing the services within the proximity of minors. Offeror shall notify the participating
public agency of any proposed employee who has been convicted, pled guilty or pled “no
contest” to a criminal offense, and the participating public agency reserves the right to reject
the proposed employee with a criminal background. No person employed by the Offeror who
has been found guilty of any criminal offenses shall be allowed into the work site without prior
approval of the participating public agency.
Description of Products and Services Offered
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(Note: Pricing is to be provided separately in the Pricing tab)
A listing of products and services that should be offered under this contract is provided in the
Pricing tab, but the offering need not be limited by this listing. Offeror may provide additional
products and services either in this section or the value-add section. Pricing on these non-line
items products and services can be addressed through a margin, a unit price book, or any
other auditable pricing mechanism. Any product or service offered must have pricing that can
be audited as outlined in the Pricing section in this solicitation. Offeror may propose a Unit
Price Book to be used as an alternate pricing mechanism for special situations and for JOC
delivery. Provide the coefficient(s) for all applicable regions for the unit price book proposed on
the final page provided in the Pricing tab.
II. CALENDAR OF EVENTS (ALL DATES ARE TENTATIVE AND SUBJECT TO
CHANGE):
Event Date
Issue RFP May 10, 2023
Pre-proposal Conference May 24, 2023
Deadline for receipt of questions via email May 26, 2023
Issue Addenda (if required) May 31, 2023
Proposal Due Date June 20, 2023
Approval from Region 4 ESC October 24, 2023
Contract Effective Date November 1, 2023
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III. INSTRUCTIONS TO OFFERORS
1. Key Definitions
Contract: The legal agreement executed between Region 4 ESC and the awarded Offeror.
A draft of the Contract is provided as Appendix A.
Contractor: Any provider or seller of goods or services who, as a result of the competitive
solicitation process, is awarded a Contract by Region 4 ESC.
Days: calendar days
Offeror: A supplier submitting a proposal in response to a solicitation.
2. Inquiries and Discrepancies: Questions regarding this solicitation must be submitted in writing
to Crystal Wallace, Business Operations Specialist, at questions@esc4.net no later than May
26, 2023. All questions and answers will be posted to
https://www.esc4.net/services/purchasing/region-4-omnia-solicitations. Offerors are
responsible for viewing the website to review all questions and answers prior to submitting
proposals. Oral communications concerning this RFP shall not be binding and shall in no way
excuse an Offeror of the obligations set forth in this proposal.
3. Restricted and Prohibited Communications with Region 4 ESC: During the period between the date
Region 4 ESC issues this RFP and the selection of the Contractor by Region 4 ESC, if any, Offerors
shall restrict all contact with Region 4 ESC and direct all questions regarding this RFP, including
questions regarding terms and conditions, only to the individual identified above in section “Inquiries
and Discrepancies” in the specified manner. Do not contact members of the Board of Directors,
other employees of Region 4 ESC or any of Region 4 ESC’s agents or administrators.
Contact with any of these prohibited individuals after issuance of this RFP and before
selection is made, may result in disqualification of the Offeror.
The communications prohibition shall terminate when the Contract is recommended by the
administration, considered by the Board of Directors at a noticed public meeting, and the
Contract has been awarded. In the event the Board of Directors refers the recommendation
back to staff for reconsideration, the communications prohibition shall continue. Additionally,
during the time period between the award of the Contract by the Board of Directors and the
execution of the Contract, Offerors shall not engage in any prohibited communications as
described in this section.
Prohibited communications includes direct contact, discussion, or promotion of any Offeror’s
response with any member of Region 4 ESC’s Board of Directors or employees except for
communications with Region 4 ESC’s designated representative as set forth in this RFP and
only in the course of inquiries, briefings, interviews, or presentations. This prohibition is
intended to create a level playing field for all potential Offerors, assure that decisions are made
in public, and to protect the integrity of the RFP process. Except as provided in the above
stated exceptions, the following communications regarding this RFP are prohibited:
• Communications between a potential Offeror, Offeror, their lobbyist or consultant and
any member of Region 4 ESC’s Board of Directors;
• Communications between any Region 4 ESC Director and any member of a selection
or evaluation committee; and
• Communications between any Region 4 ESC Director and administrator or employee.
The communications prohibition shall not apply to the following:
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• Communications with Region 4 ESC’s purchasing staff specifically named and
authorized to conduct and receive such communications under this RFP or upon the
request of Region 4 ESC, with Region 4 ESC’s legal counsel; and
• Presentations made to the Board of Directors during any duly noticed public meeting.
Nothing contained herein shall prohibit any person or entity from publicly addressing Region 4
ESC’s Board of Directors during any duly noticed public meeting, in accordance with applicable
Board policies, on a matter other than this RFP or in connection with a presentation requested
by Region 4 ESC’s representatives.
4. Current products: Proposals shall be for new materials and equipment in current production
and marketed to the general public, education and government agencies at the time the
proposal is submitted.
5. Proposal Format: Proposals must contain two (2) electronic copies on flash drives with signed
copies of the solicitation. Offeror must also submit two (2) electronic proposals free of
proprietary information to be posted, if awarded a Contract. Offerors may also provide two (2)
bound and signed original copies of the solicitation, however bound copies are not required.
Only sealed responses will be accepted. Faxed or electronically transmitted responses will
not be accepted. Sealed responses may be submitted on any or all items, unless stated
otherwise.
If bound copies are provided, responses must be provided in a three-ring binder or report
cover using 8.5 x 11 paper clearly identified with the name of the Offeror’s company and the
solicitation name and number on both the outside front cover and vertical spine.
Tabs should be used to separate the proposal into sections. The following items identified
must be included behind the tabs listed below. Each section should contain both the section
of the RFP referenced and the Offeror’s response to that section. Offerors failing to organize
in the manner listed may be considered non-responsive and may not be evaluated.
6. Binder Tabs:
Tab 1 – Draft Contract and Offer and Contract Signature Form (Appendix A)
a. Terms and Conditions Acceptance Form (Appendix B)
Tab 2 – Products/Pricing Tab and Pricing Coefficients
Tab 3 – Performance Capability
a. OMNIA Partners documents
Tab 4 – Qualification and Experience
a. References
Tab 5 – Additional Required Documents (Appendix C)
a. Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy (Appendix
C, Doc #1)
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b. Antitrust Certification Statement (Tex. Government Code § 2155.005) (Appendix C,
Doc #2)
c. Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295)
(Appendix C, Doc #3)
d. Texas Government Code 2270 Verification Form (Appendix C, Doc #4)
e. Felony Conviction Notification (Appendix C, Doc #5)
f. Any additional agreements Offeror will require Participating Agencies to sign
7. Additional Agreements: If an Offeror requires additional agreements, a copy of the proposed
agreement must be included with the proposal.
8. Open Records Policy: Proposals submitted in response to this RFP become a matter of public
record subject to release after Contracts are executed. If an Offeror believes its response, or
parts of its response, may be exempt from disclosure, the Offeror must specify page-by-page
and line-by-line the parts of the response, which it believes, are exempt. In addition, the
Offeror must specify which exception(s) are applicable and provide detailed reasons to
substantiate the exception(s). Offeror must provide this information on the “Acknowledgement
and Acceptance of Region 4 ESC’s Open Records Policy” (Appendix C, Doc #1). Any
unmarked information will be considered public information and released, if requested under
the Public Information Act. Price is not confidential and will not be withheld.
The determination of whether information is confidential and not subject to disclosure is the
duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient
information to render an opinion and therefore, vague and general claims to confidentiality by
the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG.
Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any
Offeror or Contractor. Offeror is advised to consult with their legal counsel concerning
disclosure issues resulting from this procurement process and to take precautions to
safeguard trade secrets and other proprietary information. After completion of award, these
documents will be available for public inspection.
9. Disclosures: By signing the Offer and Contract Signature Form, Offeror affirms:
a) Offeror has not given, offered to give, nor intends to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor
or service to a public servant in connection with this proposal and any subsequent Contract.
Offerors must include a complete description of any and all relationships that might be
considered a conflict of interest in doing business with Region 4 ESC.
b) To the best of Offeror’s knowledge, the proposal has been arrived at independently, and is
submitted without collusion with anyone to obtain information or gain any favoritism that
would in any way limit competition or give an unfair advantage over other Offerors or
potential Offerors in the award of a Contract resulting from this RFP.
c) Offeror is not currently delinquent in the payment of any franchise taxes.
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d) The individual signing the submittal is an authorized agent for the Offeror and has the
authority to bind the Offeror to the Contract.
10. Waiver: By submitting a proposal, Offeror expressly agrees to waive any claim it has or may
have against Region 4 ESC, its directors, officers, its trustees, or agents arising out of or in
connection with (1) the administration, evaluation, recommendation of any proposal; (2) any
requirements under the solicitation, proposal package, or related documents; (3) the rejection
of any proposal or any part of any proposal; and/or (4) the award of a Contract, if any.
Region 4 ESC shall not be responsible or liable for any costs incurred by Offerors or the
successful Offeror in connection with responding to the RFP, preparing for oral presentations,
preparing and submitting a proposal, entering or negotiating the terms of a Contract, or any
other expenses incurred by an Offeror. The Offeror is wholly responsible for any such costs
and expenses and shall not be reimbursed in any manner by Region 4 ESC.
11. Conditions of Submitting Proposal: Submission of a proposal confers no right on an Offeror to
an award or Contract. Region 4 ESC, in its sole discretion and for any reason or no reason,
reserves the rights to reject any or all proposals, accept only a part of any proposal, accept
the proposal deemed most advantageous to Region 4 ESC, and waive any technicalities. The
issuance of this RFP does not obligate Region 4 ESC to make an award or negotiate or execute
a Contract. Prior to submission due date and time, Region 4 ESC reserves the right to amend
the terms and provisions of the RFP, extend the deadline for submission of proposals, or withdraw
the RFP entirely for any reason solely at Region 4 ESC’s discretion. A proposal may be rejected
if it fails to meet any requirement of this RFP.
12. Mailing of Proposals: All proposals submitted in response to the solicitation must be clearly
identified as listed below with the solicitation number, title, name and address of the company
responding. All packages must be clearly identified as listed below, sealed and delivered to
the Region 4 ESC office no later than the submittal deadline assigned for this solicitation.
From_____________________________________________________
Company__________________________________________________
Address___________________________________________________
City, State, Zip _____________________________________________
Solicitation Name and Number ___________Due Date and Time______
13. Amendment of Proposal: A proposal may be amended prior to the time of opening by
submitting a sealed letter to the location indicated on the front page of this solicitation.
14. Withdrawal of Proposals: Withdrawal of proposals prior to the opening date will be permitted
by a written letter or electronic mail from the Offeror. Telephonic or oral withdrawals shall not
be considered. After the opening date consideration may be given in cases where Offeror
advises that it made a clerical error that is substantially lower than it intended. In such case,
Offeror must provide written notice of their desire to withdraw, along with supporting
documents, within 3 business days of receiving the acceptance letter or of being requested
by Region 4 ESC for clarification of the proposal, whichever is later. Any Contract entered into
prior to Region 4 ESC receiving notice must be honored. No Offeror should assume their
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withdrawal request has been accepted unless, and until, they receive written acknowledgment
and acceptance of their proposal withdrawal.
15. Offer and Acceptance Period: In order to allow for an adequate evaluation, Region 4 ESC
requires a proposal in response to this RFP to be valid and irrevocable for one-hundred twenty
(120) days after the proposal due date and time.
16. Non-Responsive Proposals: All proposals will be reviewed for responsiveness to the material
requirements of the solicitation. A proposal that is not materially responsive shall not be
eligible for further consideration for award of the Contract, and the Offeror shall receive notice
of the non-award of its proposal.
17. Discussions: Region 4 ESC reserves the right to conduct discussion with Offerors for the
purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the
proposal in order to clarify a proposal and assure full understanding of, and responsiveness
to, the RFP requirements.
18. Negotiations: In the event Region 4 ESC decides to conduct negotiations, exclusive or
concurrent negotiations may be conducted with Offerors reasonably susceptible for award.
During the course of negotiations, no Offeror’s proposal, including pricing, shall be revealed
to any other Offeror or to any other person who is not involved with the evaluation process.
Exclusive or concurrent negotiations shall not constitute a Contract award, nor shall it confer
any property rights to the successful Offeror. In the event Region 4 ESC deems negotiations
are not progressing, Region 4 ESC may formally terminate these negotiations and may enter
into subsequent exclusive or concurrent negotiations with the next most qualified Offeror(s).
19. Best and Final Offer: Region 4 ESC, in its sole discretion, may request Offerors reasonably
susceptible for award to submit a Best and Final Offer. Offerors must submit their Best and
Final Offers in writing. If an Offeror does not respond to the request for a Best and Final Offer,
that Offeror’s most recent prior submission will be considered its Best and Final Offer.
20. Specifications: When a solicitation contains a specification that states no substitutions, no
deviation from this requirement will be permitted. Offeror must comply with the true intent of
the specifications and drawings and not take advantage of any unintentional error or omission.
In cases where no type and kind of product is specified, specifications have been developed
to indicate minimal standards as to the usage, materials, and contents based on the needs of
the members. References to manufacturer’s specifications (“Design Guides”), when used by
Region 4 ESC, are to be considered informative to give the Offeror information as to the
general style, type and kind requested. Responses proposing goods, materials or equipment
regularly produced by a reputable manufacturer shall be evaluated by Region 4 ESC which
will, in its sole discretion, determine whether such proposed goods, materials or equipment
are substantially equivalent to the Design Guides, considering quality, workmanship, economy
of operation, and suitability for the purpose intended. Offerors should include all
documentation required to evaluate whether or not their proposed goods, materials or
equipment are substantially equivalent to the Design Guides.
21. Quality of Materials or Services: Offeror shall state the brand name and number of the
materials being provided. If none is indicated, it is understood that the Offeror is proposing the
exact brand name and number specified or mentioned in the solicitation. However, unless
specifically stated otherwise, comparable substitutions will be permitted in cases where the
material is equal to that specified, considering quality, workmanship, economy of operation
and suitability for the purpose intended.
RFP Page 12
22. Samples: Upon request, samples shall be furnished, free of cost, within seven (7) days after
receiving notice of such request. By submitting the proposal Offeror certifies that all materials
conform to all applicable requirements of this solicitation and of those required by law. Offeror
agrees to bear the costs for laboratory testing, if results show the sample does not comply
with solicitation requirements. Submissions may no longer be considered for failing to submit
samples as requested.
23. Formation of Contract: A response to this solicitation is an offer to contract with Region 4 ESC
based upon the terms, conditions, scope of work, and specifications contained in this request.
A solicitation does not become a Contract until it is awarded by Region 4 ESC. A Contract is
formed when Region 4 ESC’s board signs the Offer and Contract Signature Form. The signed
Offer and Contract Signature Form provided with the RFP response eliminates the need for a
formal signing process.
24. Multiple Awards: Region 4 ESC reserves the right to award Contract(s) to multiple Offerors.
The decision to award multiple Contracts, award only one Contract, or to make no awards
rests solely with Region 4 ESC.
25. Non-Exclusive: Any Contract resulting from this solicitation shall be awarded with the
understanding and agreement it is for the sole convenience and benefit of Region 4 ESC.
Region 4 ESC reserves the right to obtain like goods and services from other sources.
26. Protest Procedure: Any protest of an award or proposed award must be filed in writing within
ten (10) days from the date of the official award notification and must be received by 5:00 pm
Central Time. No protest shall lie for a claim that the selected Offeror is not a responsible
Offeror. Protests shall be filed with Robert Zingelmann, Chief Financial Officer, Finance and
Operations Services, and sent to the Region 4 ESC office at: 7145 West Tidwell Road,
Houston, TX 77092. Protests shall include the following:
a) Name, address and telephone number of protester;
b) Original signature of protester or its representative;
c) Identification of the solicitation by RFP number;
d) Detailed statement of legal and factual grounds including copies of relevant documents;
and
e) the form of relief requested.
Any protest review and action shall be considered final with no further formalities being
considered.
RFP Page 13
IV. EVALUATION PROCESS AND CRITERIA
1. Region 4 ESC will conduct a comprehensive, fair and impartial evaluation of submittals
received in response to this request. A committee will review and evaluate all responses and
make a recommendation for award of Contract(s). The recommendation for Contract awards
will be based on the predetermined criteria factors outlined in this section, where each factor
is assigned a point value based on its importance. Experiences with Region 4 ESC and
entities that evaluation committee members represent may be taken into consideration when
evaluating qualifications and experience. In evaluating the responses, the following
predetermined criteria is considered:
a) Products/Pricing (40 Points)
b) Performance Capability (30 Points)
c) Qualification and Experience (20 Points)
d) Value Add (10 Points)
2. Offeror’s proposal should, at a minimum, include the following for Region 4 ESC’s evaluation:
a) Products/Pricing
i. Offerors shall provide pricing based on a discount from a manufacturer’s price list
or catalog, or fixed price, or a combination of both with indefinite quantities. Prices
listed will be used to establish the extent of a manufacturer’s product lines,
services, warranties, etc. that are available from Offeror and the pricing per item.
Multiple percentage discounts are acceptable if, where different percentage
discounts apply, the different percentages are specified. Additional pricing and/or
discounts may be included. Products and services proposed are to be priced
separately with all ineligible items identified. Discounts proposed shall remain the
same throughout the term of the contract and at all renewal options. At a minimum
the Awarded Offeror must hold the proposed price list firm for the first 12 months
after the contract award. Offerors may elect to limit their proposals to any category
or categories. Services such as installation, delivery, technical support, training,
and other services must be priced or listed as free in order to be offered on the
contract. Unlisted services will not be accepted.
ii. Offerors shall complete and provide pricing and pricing coefficients in the Pricing
Tab attached herein.
iii. Is pricing available for all products and services?
iv. Provide pricing for warranties on all products and services.
v. Describe any additional discounts or rebates available. Additional discounts or
rebates may be offered for large projects, single ship to location, growth, annual
spend, guaranteed quantity, etc.
vi. Describe how customers verify they are receiving Contract pricing.
vii. Describe payment methods offered.
viii. Propose the frequency of updates to the Offeror’s pricing structure. Describe any
proposed indices to guide price adjustments. If offering a catalog contract with
discounts by category, while changes in individual pricing may change, the
category discounts should not change over the term of the Contract.
RFP Page 14
ix. Describe how future product introductions will be priced and align with Contract
pricing proposed.
x. Quality Assurance/Quality Control Program - Offeror shall submit a QA/QC plan
within with their submittal. This plan shall detail the day-to-day surveillance of work
and provide documentation of deficiencies and corrective actions. It should note
subcontractor compliance issues and trend analysis and how inspectors will
interface and work with both the subcontractors and the Participating Public
Agency’s staff.
xi. Provide any additional information relevant to this section.
Special Offers/Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, Contractor may conduct sales promotions involving
price reductions for a specified lesser period. Contractor may offer Participating Agencies
competitive pricing which is lower than the not-to-exceed price set forth herein at any time
during the Contract term and such lower pricing shall not be applied as a global price reduction
under the Contract.
Not to Exceed Pricing. Region 4 ESC requests pricing be submitted as not to exceed pricing.
Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot
exceed original pricing submitted. Contractor must allow for lower pricing to be available for
similar product and service purchases. Cost plus pricing as a primary pricing structure is not
acceptable.
Federal Funding Pricing. Due to products and services potentially being used in response to
an emergency or disaster recovery situation in which federal funding may used, provide
alternative pricing that does not include cost plus a percentage of cost or pricing based on
time and materials; if time and materials is necessary, a ceiling price that the contract exceeds
at its own risk will be needed. Products and services provided in a situation where an agency
is eligible for federal funding, Offeror is subject to and must comply with all federal
requirements applicable to the funding including, but not limited to the FEMA Special
Conditions section located in the Federal Funds Certifications Exhibit.
b) Performance Capability
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response
for National Cooperative Contract. Responses should highlight experience,
demonstrate a strong national presence, describe how Offeror will educate its
national sales force about the Contract, describe how products and services will
be distributed nationwide, include a plan for marketing the products and services
nationwide, and describe how volume will be tracked and reported to OMNIA
Partners.
ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA
Partners Administration Agreement prior to Contract award. Offerors should have
any reviews required to sign the document prior to submitting a response.
Offeror’s response should include any proposed exceptions to OMNIA Partners
RFP Page 15
Administration Agreement on Appendix B, Terms and Conditions Acceptance
Form.
iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G.
New Jersey Business Compliance.
iv. Describe how Offeror responds to emergency services request.
v. Describe Offeror’s ability to meet service and warranty needs.
vi. Describe Offeror’s customer service/problem resolution process. Include hours of
operation, number of services, etc.
vii. Describe Offeror’s invoicing process. Include payment terms and acceptable
methods of payments. Offerors shall describe any associated fees pertaining to
credit cards/p-cards.
viii. Describe Offeror’s contract implementation/customer transition plan.
ix. Describe the financial condition of Offeror.
x. Provide a website link in order to review website ease of use, availability, and
capabilities related to ordering, returns and reporting. Describe the website’s
capabilities and functionality.
xi. Describe the Offeror’s safety record.
xii. Performance Bond Plan - Offeror shall submit a detailed performance bond plan
that will meet the Participating Public Agency’s local and state statutory
requirements. The Offeror is required to be knowledgeable and current on all
statutory requirements for bonding. This should include, but is not limited to, a letter
from a surety company that is licensed to do business in the states being proposed
in the submittal. Offerors shall also provide a written statement acknowledging that
they can provide surety letters for any affiliates to Region 4 ESC or participating
agencies upon request. Offerors may need to provide additional capacity as work
orders increase. Bonds will not require that a fee be paid to Region 4 ESC. The
actual cost of the bond will be a pass-through expense to the Participating Public
Agency and added to the purchase order.
xiii. Safety/Environmental Plan - Offeror shall submit a detailed safety plan with their
submittal. It should specifically address how the Offeror will implement this plan
with the subcontractors. The safety plan will need to address OSHA compliance,
environmental compliance, drug testing, trend analysis and noncompliance
corrective action. It should also state whether a safety officer will interact with the
Participating Public Agency’s staff and management of safety and environmental
issues while working in occupied areas.
xiv. Provide any additional information relevant to this section.
c) Qualification and Experience
i. Provide a brief history of the Offeror, including year it was established and
corporate office location.
ii. Describe Offeror’s reputation in the marketplace.
iii. Describe Offeror’s reputation of products and services in the marketplace.
iv. Describe the experience and qualification of key employees.
v. Describe Offeror’s experience working with the government sector.
RFP Page 16
vi. Describe past litigation, bankruptcy, reorganization, state investigations of entity or
current officers and directors.
vii. References: Provide a minimum of 5 public agency customer references relating
to the products and services within this RFP. Two (2) of these customer references
should be for projects delivered through the job order contracting (JOC) delivery
method. All references should be for services within the past three (3) years.
Include entity name, contact name and title, contact phone and email, city, state,
years serviced, description of services and annual volume.
viii. Subcontracting Plan and/or Explanation of Applicable Affiliate Relationships -
Offeror shall submit a subcontracting plan with their submittal. This plan will explain
the subcontracting procedures providing assurances that the subcontractors meet
the same high standards as the contractor. This will include a subcontractor’s log,
subcontractor qualification form, felony conviction notice and child and sex
offender notice. This plan will also address how the Offeror will implement this
safety plan with subcontractors (may reference the Offeror’s safety plan). The
subcontractors will be held to the same standards as the Awarded Offeror.
A distinct portion of the subcontracting plan must deal with attracting, utilizing and
mentoring small and disadvantaged businesses including how your company will
attract these firms. Describe how your company will institute a prompt payment
plan upon completion and acceptance of their work and how your company will
make progress payments to subcontractors on long term job orders.
The Offeror shall submit a plan detailing the relationship with any applicable
affiliates that may do work under this contract. This submittal should include, but
is not limited to, work history, credentials, PO processes, and process to maintain
upstanding workmanship and service.
ix. Provide any additional information relevant to this section.
d) Value Add
i. Provide any additional information related to products and services Offeror
proposes to enhance and add value to the Contract.
3. Competitive Range: It may be necessary to establish a competitive range. Factors from
the predetermined criteria will be used to make this determination. Responses not in the
competitive range will not receive further award consideration. Region 4 ESC may
determine establishing a competitive range is not necessary.
4. Past Performance: An Offeror’s past performance and actions are relevant in determining
whether or not the Offeror is likely to provide quality goods and services; the administrative
aspects of performance; the Offeror’s history of reasonable and cooperative behavior and
commitment to customer satisfaction; and generally, the Offeror’s businesslike concern
for the interests of the customer may be taken into consideration when evaluating
proposals, although not specifically mentioned in the RFP.
5. Additional Investigations: Region 4 ESC reserves the right to make such additional
investigations as it deems necessary to establish the capability of any Offeror.
RFP Page 17
PRICING TAB
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Water Resistant Roofing
1 Pressure cleaning, vertical walls SF
2 Pressure cleaning, horizontal surfaces SF
Roof scanning to identify wet or
3 substandard room components to be SF
removed
Asphalt emulsion coating,
4 SF
waterproofing, brush applied, per coat
Rubberized coating waterproofing, brush
5 SF
applied, per coat
Vinyl/acrylic resin, damp proofing,
6 SF
brush applied per coat.
Non-pigmented synthetic resin,
7 SF
waterproofing, one coat sprayed on
Caulking: remove existing, clean and
8 LF
prime joint
Caulking, epoxied urethane compound,
9 LF
2 component, 1/4” x 1/4”, in place
Caulking, polyurethane, 1 component,
10 LF
1/4” x 1/4”, in place
Caulking, polyurethane, 1 component,
11 LF
1/2” x 1/2”, in place
Caulking, silicone rubber, 1 component,
12 LF
1/4” x 1/4”, in place
Caulking, epoxied urethane compound,
13 LF
2 component, 1/4” x 1/4”, in place
Caulking, silicone rubber, 1 component,
14 LF
3/4” x 3/8”, in place
Backer rod, polyethylene, 3/8”
15 LF
diameter, installed in prepared opening
Backer rod, polyethylene, 1/2”
16 LF
diameter, installed in prepared opening
Backer rod, polyethylene, 3/4”
17 LF
diameter, installed in prepared opening
Backer rod, polyethylene, 1” diameter,
18 LF
installed in prepared opening
RFP Page 18
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Building paper, asphalt felt sheathing
19 SF
paper, 1 ply, 15#, in place
Building paper, asphalt felt sheathing
20 SF
paper, 1 ply, 40#, in place
Building paper, red rosin paper, 5 square
21 SF
rolls, 4#, in place
Vapor retarder adhered, 2 ply inorganic,
22 glass Type 15, applied in Type IV (or SF
appropriate type) asphalt, in place
Vapor retarder, 2 ply organic, Type 15
23 pound, applied in Type IV asphalt (or SF
appropriate type), in place
Vapor retarder; 2-ply inorganic, glass,
Type IV, applied in cold adhesive to 4’ x
24 8’ x 1/4” glass-mat embedded, water SF
resistant gypsum core panel
mechanically fastened
Insulation
Demolition of roof insulation, per inch
1 SF
of depth
Demolition of lightweight cementitious
2 SF
fills, per inch of depth
Roof deck insulation, Isocyanurate in 4’
x 4’ or 4’ x 8’ sheets with fiberglass
3
facers, 1” thick, R-6.6, applied Type IV
asphalt
3a Hot applications SF
3b Cold applications SF
Roof deck insulation, Isocyanurate in 4’
x 4’ or 4’ x 8’ sheets with fiberglass
4
facers, 1 1/2” thick, R-10.0, applied
Type IV asphalt
4a Hot applications SF
4b Cold applications SF
RFP Page 19
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Roof deck insulation, Isocyanurate in 4’
5 x 4’ or 4’ x 8’ sheets, 1” thick, R-6.6, SF
mechanically fastened
Roof deck insulation, Isocyanurate in 4’
x 4’ or 4’ x 8’ sheets with fiberglass
6 SF
facers, 1 1/2” thick, R-10.0,
mechanically fastened
Roof deck insulation, fiberboard in 4’ x
7 4’ sheets, 1/2” thick, R-1.39, applied
Type IV asphalt
7a Hot applications SF
7b Cold applications SF
Roof deck insulation, fiberboard in 4’ x
8’ sheets, 25/32” thick, R-2.4, installed
8
hot/cold or mechanically attached coated
six sides
8a Hot applications SF
8b Cold applications SF
8c Mechanically attached SF
Roof deck insulation, fiberboard in 4’ x
4’, 1” thick, R-2.78, applied Type IV
9
asphalt (or appropriate asphalt), coated
six sides
9a Hot applications SF
9b Cold applications SF
Roof deck insulation, fiberboard in 4' x
10 4' sheets, 1/2” thick, R-1.39, SF
mechanically fastened, coated six sides
Roof deck insulation, fiberboard in 4’ x
11 4’, 1” thick, R-2.78, mechanically SF
fastened, coated six sides
Roof deck insulation, lightweight
cellular wire reinforced concrete fill, R-
12 SF
value depending on thickness, per inch
of depth
RFP Page 20
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Roof deck insulation, vermiculite at
13 1/8:12, R-value depending on thickness, SF
per inch of depth
Roof deck insulation, vermiculite at
14 1/4:12, R-value depending on thickness, SF
per inch of depth
Roof deck insulation, gypsum panels, 3”
15 SF
thick
Roof deck insulation, Isocyanurate
16 (black facer only), tapered, 1/8” per foot SF
slope, Type IV asphalt, per inch of depth
Roof deck insulation, Isocyanurate
17 (black facer only), tapered, 1/4” per foot SF
slope, Type IV asphalt, per inch of depth
18 Cold insulation adhesive SF
19 CDX Gypsum, 1/4" x 4' x 8'
19a Mechanically attached SF
19b Set into adhesive SF
20 CDX Gypsum, 1/2" x 4' x 8'
20a Mechanically attached SF
20b Set into adhesive SF
CDX Gypsum with fiberglass, facer:
21
1/4" x 4' x 8'
21a Mechanically attached SF
21b Set into adhesive SF
CDX Gypsum with fiberglass facer: 1/2”
22
x 4’ x 8’
22a Mechanically attached SF
22b Set into adhesive SF
Roof Tiles and Shingles
Remove composition shingles and felts
1 SF
to decking
2 Test for asbestos prior to removal SF
RFP Page 21
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Remove clay, concrete, or slate roof tiles
3 SF
to decking
Remove wood shingles and felts to
4 SF
decking
Shingles, fiberglass, Class A, 25-year
5 SF
strip shingles, slopes 3:12 or greater
Shingles, fiberglass, Class A, 30-year,
6 SF
premium laminated multilayered
7a Replace clay or concrete roof tiles Each
7b Replace/repair other shingles Each
Self-adhering ice and water shield
membrane for shingles, tiles, metal
8 SF
waterways, penetrations, valleys, ridges,
edges, etc.
Roofing and Roof Restoration
Remove built-up roof, multi-ply
1 SF
aggregate, non-asbestos, 1" thick or less
Remove single-ply roof: ballast, and
2 SF
membrane only
Remove single-ply roof, membrane
3 SF
partially or fully adhered
Remove single-ply roof, membrane
4 SF
mechanically attached
5 Remove copper sheet roofing SF
Base sheet, 3-ply fiberglass, Type IV (or
6 SF
appropriate type) asphalt (17 year roof)
Base sheet, 4-ply fiberglass,
7 SF
mechanically attached (17-year roof)
8 Fiberglass cap finishing membrane SF
Base sheet with 2 ply, fiberglass felts,
9 SF
Type IV asphalt (or appropriate type)
Base sheet with 3 ply, fiberglass felts,
10 SF
Type IV asphalt (or appropriate type)
RFP Page 22
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Base sheet mechanically attached with 4
11 ply, Type VI fiberglass felts, Type IV SF
(or appropriate type) asphalt
Nail base sheet, 3 ply Type VI fiberglass
2 felts, fiberglass cap, Type IV (or SF
appropriate type) asphalt.
Base sheet with 4 ply; 2 polyester and 2
13 fiberglass felts, Type IV (or appropriate SF
type) asphalt (20 year roof)
Built-up roof, base sheet with 3 ply
14 polyester roofing sheet, Type IV (or SF
appropriate type) asphalt (20 year roof)
Built-up roof, base sheet with 3 ply Type
15 GS fiberglass, cold process adhesive (20 SF
year roof)
Built-up roof base sheet plus 4 ply Type
16 G2 fiberglass, cold process adhesive (30 SF
year roof)
Built-up roof, base sheet, 1 ply Type VI
17 fiberglass, 1 ply modified bitumen sheet, SF
fire rated, Type IV asphalt (15 year roof)
Built-up roof, base sheet, 2 ply polyester
roofing sheet, 1 ply modified bitumen
18 SF
sheet, fire rated, Type IV asphalt (or
appropriate type) (20 year roof)
Built-up roof, base sheet, G-2, 33 lb.,
19 SF
mechanically attached
Built-up roof, base sheet, G-2, 33 lb.,
20 SF
Type IV asphalt
Built-up roof, premium asphalt, added
21 SF
cost per ply per square foot
Built-up roof, modified bitumen
22 adhesive, added cost per ply per square SF
foot
Built-up roof, surface with cold asphaltic
23 SF
surfacing adhesive and gravel
Built-up roof, surface with emulsion and
24 SF
granules
RFP Page 23
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Built-up roof, surface with emulsion and
25 SF
aluminum coating
Built-up roof, surface with emulsion and
26 SF
white elastomeric coating
Built-up roof, surface with aluminum
27 SF
coating or paint
Built-up roofing, surface with high
28 SF
solids white elastomeric coating
Built-up roofing repairs; fibered asphalt
29 SF
mastic, brush grade, with fiberglass mesh.
Built-up roofing repairs; pitch-based
30 SF
mastic, with fiberglass mesh
Built-up roofing repairs; elastomeric
31 SF
mastic, with fiberglass mesh
Built-up roofing restoration, coal tar
32 SF
pitch roofs
Built-up roofing restoration, odorless,
33 SF
coal tar pitch or asphalt roofs
Single-ply roof, CSPE, 45 mils
34 reinforced, asbestos free, mechanically SF
fastened
Single-ply roof, CSPE, 60 mils
35 reinforced, asbestos free, mechanically SF
fastened
Single-ply roofing repairs (CSPE, PVC,
36
and EPDM)
36a CSPE SF
36b PVC SF
36c EPDM SF
Flashing membrane, 2 ply, Type IV or
37 SF
Type VI fiberglass
Flashing membrane, 1 ply polyester and
38 SF
1 ply modified bitumen
39 Flashing membrane, 2 ply, polyester SF
40 Flashing membrane, CSPE SF
Flashing membrane, CSPE with
41 SF
aluminum coating
RFP Page 24
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
42 Polyurethane foam roofing SF
43 Additional Polyurethane foam coating SF
Single-ply roof, EDPM, 45 mils
44 SF
reinforced, mechanically fastened
Single-ply roof, EDPM, 60 mils fully
45 SF
adhered
Built-up roof, base sheet with 3 ply
46 trilaminate ply, cold process adhesive SF
(25 year roof)
Built-up roof, surface with premium
47 SF
asphalt, and gravel.
Built-up roof, surface with Fire
48 Retardant Aluminum coating or paint, SF
single coat
Modified Bitumen roof, base sheet, cap
49 SF
sheet, cold Modified Bitumen Adhesive
Built-up roof, 3 ply fiberglass felts, Type
50 SF
IV asphalt
Single ply Roof, 45 mils fully adhered
51 SF
with bonding adhesive
Single ply roof, TPA Fleece Back, 45
52 SF
mils fully adhered with hot asphalt
Single ply roof, 45 mils mechanically
53 SF
attached
Base sheet mechanically attached with 3
54 ply fiberglass felts, Type 1 - Coal Tar SF
Pitch
Base sheet mechanically attached with 3
55 ply Organic felts, Type 1 - Coal Tar SF
Pitch
Built-up roof, 4 ply Fiberglass felts,
56 SF
Type 1 Coal Tar Pitch
Build-up roof, 4 ply Organic felts, Type
57 SF
1 Coal Tar Pitch
Built-up roof, surface with hot Coal Tar
58 SF
Pitch and gravel
Single ply repairs using 2 coat
59 polyurethane, elastomeric coating SF
system
RFP Page 25
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Single ply repairs at laps or defects using
60 2 coats elastomeric coating system with SF
reinforcement
Single ply roof, TPA fleece back, 60
61 SF
mils fully adhered with hot asphalt
Single ply roof 60 mils fully adhered
62 SF
with bonding adhesive
Built-up roof, 1 ply Trilaminate, 1 ply
63 SF
Modified Bitumen Sheet, fire rated
Masonry
1 Brick, remove and reset, 1 to 50 sq ft SF
2 Brick, remove and reset, over 50 sq ft SF
3 Block, remove and reset SF
4 Coping stones, remove and reset Each
5 Brick, block or coping removal Each
Brick, block and brick exterior wall
6a maintenance, repair and application of
protective coatings.
Selective Demolition of Concrete Block
Masonry Units (CMU) with perimeter
6b Each
saw cutting- swingstage 4”, 6” and 8”
block (high-rise)
Selective Demolition of Brick Masonry
Units with perimeter saw cutting -
6c SF
swingstage one, two, and three wythe
(high-rise)
Selective Demolition of Brick Masonry
Units with perimeter saw cutting -
6d SF
scaffolding one, two and three wythe
(low-rise)
Selective Demolition of Mortar Joint
7 with Perimeter Sawcutting – Swingstage
(high-rise)
Removal of existing mortar ( ½” wide
7a SF
by ¾” depth)
Removal of existing mortar (¾” wide by
7b SF
¾” depth)
RFP Page 26
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Removal of existing mortar (½” wide by
7c SF
1½” depth)
Removal of existing mortar (¾” wide by
7d SF
1½” depth)
Selective Demolition of Mortar Joint
8 with Perimeter Sawcutting – Scaffolding
(low-rise)
Removal of existing mortar ( ½” wide
8a SF
by ¾” depth)
Removal of existing mortar (¾” wide by
8b SF
¾” depth)
Removal of existing mortar (½” wide by
8c SF
1½” depth)
Removal of existing mortar (¾” wide by
8d SF
1½” depth)
New Pointing Work – Swingstage (high-
9
rise)
Furnish and install new mortar (½” wide
9a SF
by ¾” depth)
Furnish and install new mortar (¾” wide
9b SF
by ¾” depth)
Furnish and install new mortar (½” wide
9c SF
by 1 ½” depth)
Furnish and install new mortar (¾” wide
9d SF
by 1 ½” depth)
RFP Page 27
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
New Pointing Work – Scaffolding (low-
10
rise)
Furnish and install new mortar (½” wide
10a SF
by ¾” depth)
Furnish and install new mortar (¾” wide
10b SF
by ¾” depth)
Furnish and install new mortar (½” wide
10c SF
by 1 ½” depth)
Furnish and install new mortar (¾” wide
10d SF
by 1 ½” depth)
Removal of Roof Parapets – Swingstage
11
(high-rise)
Removal of 3 wythe brick parapet wall
11a SF
(24” high)
Removal of 3 wythe brick parapet wall
11b SF
(42” high)
Removal of 2 wythe brick parapet wall
11c SF
(24” high)
Removal of 3 wythe brick parapet wall
11d SF
(42” high)
RFP Page 28
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Removal of Roof Parapets – Scaffolding
12
(low-rise)
Removal of 3 wythe brick parapet wall
12a SF
(24” high)
Removal of 3 wythe brick parapet wall
12b SF
(42” high)
Removal of 2 wythe brick parapet wall
12c SF
(24” high)
Removal of 3 wythe brick parapet wall
12d SF
(42” high)
Reconstruction of Brick Masonry Roof
13
Parapets – Swingstage (high-rise)
New brick masonry parapet w/stone
13a coping and flashings (3 wythe - 24” SF
high)
New brick masonry parapet w/stone
13b coping and flashings (3 wythe - 42” SF
high)
New brick masonry parapet w/stone
13c coping and flashings (2 wythe - 24” SF
high)
New brick masonry parapet w/stone
13d coping and flashings (2 wythe - 42” SF
high)
Reconstruction of Brick Masonry Roof
14
Parapets – Scaffolding (low-rise)
RFP Page 29
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
New brick masonry parapet w/stone
14a coping and flashings (3 wythe - 24” SF
high)
b) New brick masonry parapet w/stone
14b coping and flashings (3 wythe - 42” SF
high)
c) New brick masonry parapet w/stone
14c coping and flashings (2 wythe - 24” SF
high)
d) New brick masonry parapet w/stone
14d coping and flashings (2 wythe - 42” SF
high)
New Throughwall Flashings –
15
Swingstage (high-rise)
Removal of 4 courses 1 wythe brick wall
15a SF
w/Temporary Shoring
15b Removal and replacement of steel lintel SF
Furnish and install new flashings
15c SF
(Bituthane)
Furnish and install new flashings (Lead
15d SF
coated copper)
Parging and waterproofing of back-up
15e SF
wall
New Throughwall Flashings –
16
Scaffolding (low-rise)
Removal of 4 courses 1 wythe brick wall
16a SF
w/Temporary Shoring
16b Removal and replacement of steel lintel SF
Furnish and install new flashings
16c SF
(Bituthane)
Furnish and install new flashings (Lead
16d SF
coated copper)
Parging and waterproofing of back-up
16e SF
wall
17 Brick Masonry/Stone Stabilization
RFP Page 30
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Drilling and installation of new friction
17a SF
pins with mortar cap
Drilling and installation of new friction
17b SF
pins for lime stone with mortar cap
18 Limestone Removal and Replacement.
Removal of existing deteriorated
18a SF
architectural limestone
Furnish and install new limestone
18b SF
replacement.
Replacement of stone with lightweight
18c SF
polymer resin to match
Minor patching of existing stone to
18d SF
match
19 Terra Cotta Removal and Replacement.
Removal of existing deteriorated
19a SF
architectural Terra Cotta
Furnish and install new Terra Cotta
19b SF
replacement.
Replacement of stone with lightweight
19c SF
polymer resin to match
Minor patching of existing stone to
19d SF
match
20 Roof Coping Stones.
Removal of existing roof coping stones
20a SF
(16 inches)
Removal and parging of existing
20b SF
substrate
Furnish and install new lead coated
20c SF
copper flashings
Drilling and epoxy grouting stainless
20d SF
steel pins
Reinstallation of existing stones with
20e SF
cleaning
20f Furnish and install new coping stones SF
20g Furnish and install new sealants between SF
coping stones.
20h Cleaning and coating of existing stones. SF
CMU Backup Wall Repair and
21 Waterproofing.
RFP Page 31
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
21a Replacement of Deteriorated CMU Back-up SF
21b Parging of CMU back-up wall SF
21c Waterproofing of back-up wall SF
22 Brick Masonry Piers
Isolated repair of existing masonry piers
22a (removal and replacement)
SF
22b Reconstruction of isolated areas of pier SF
22c Construction of new masonry piers. SF
23 Crack Repair
23a Drill and install new stainless steel pins. Each
23b Grouting of open cracks SF
23c Replacement of cracked bricks SF
24 Concrete Removal
24a Perimeter sawcutting SF
24b Removal of existing concrete (2” depth). SF
24c Removal of existing concrete (3.5” depth). SF
25 New Concrete and Coating
Placement of new high strength patching
25a mortar (2” depth)
SF
Placement of new high strength patching
25b mortar (3.5” depth).
SF
25c Cleaning and coating of concrete surface. SF
25d Sidewalk Bridging. SF
25e Temporary Roof Protection SF
26 Metal Work
26a Remove standard metal decking SF
Install metal decking; 1-1/2" deep, 20
26b SF
gauge, standard profile
27 Install steel plate, two sizes SF
27a 10 Gauge, standard application SF
27b Extra heavy-duty 1/4th inch SF
28 Remove metal counterflashing LF
Counterflashing, galvanized, 24 gauge,
28a LF
6" width
RFP Page 32
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Counterflashing, copper, 16 oz., 6"
28b LF
width
Remove metal edge, gravel stop, eave
29 LF
strip, or coping
Metal edge raised, galvanized steel
29a fascia/eave drip; 6" face, hemmed, LF
continuous cleat, 3" deck flange
Gravel stop, galvanized steel, 24 gauge,
29b LF
6" face
30 Remove metal gutter LF
Gutter, galvanized steel, ASTM 526,
with 12.5oz./square foot galvanized
30a LF
coating, 24 gauge, 5" box or ogee style,
joints and end caps shall be soldered
Gutter, aluminum, .050" thick 5" box or
30b LF
ogee, painted, Kynar finish
Gutter, copper, 16 oz, half round, 5"
30c LF
wide
Gutter, copper, 16 oz, half round, 6"
30d LF
wide
31 Remove metal downspouts LF
Downspouts, aluminum, .024" thick, 3"
31a LF
x 4", painted, installed
Downspouts, GI, 24 gauge 3" x 4"
31b LF
installed
Downspouts, GI, 24 gauge, 4" round,
31c LF
installed
Downspouts, copper, 16 oz., 6" round,
31d LF
installed
31e Downspouts, strainer Each
31f Metal flashing, apron flashing, 9" wide LF
31g Metal flashing, step flashing Each
31h Metal splash pan, 16 oz. Each
Metal trim, aluminum, .032" thick,
31i SF
painted
31j Metal storm collar Each
Metal coping, galvanized steel, 24
31k SF
gauge, standing seam
RFP Page 33
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Metal coping, galvanized steel, 24
31L SF
gauge, with butt plate
31m Resolder joints in sheet metal LF
Metal edge, aluminum, 0.50 thick 6"
31n SF
face painted
Metal edge, aluminum, free floating
31n SF
fascia system
31o Parapet wall metal SF
Metal edge, anodized finished
31p aluminum, free floating fascia system 8 SF
inches
Metal edge, high performance
31q fluorocarbon finished aluminum, free SF
floating fascia system 8 inches
Metal edge, anodized finished
31r aluminum, free floating fascia system 6 SF
inches
Metal edge, high performance
31s fluorocarbon finished aluminum, free SF
floating fascia system 6 inches
32 New Aluminum Metal Cladding
Furnish and install new uninsulated
32a SF
aluminum wall cladding
Furnish and install new insulated
32b SF
aluminum wall cladding
Furnish and install new insulated
32c aluminum wall cladding panels SF
(Architecture
Cladding of roof parapet walls with
32d SF
copings.
New Exterior Insulation and Finish
33
System (EIFS)
New Exterior Insulation and Finish
33a SF
System (EIFS)
New Exterior Insulation Finish System
33b SF
(EIFS) w/o insulation
33c New Metal Copings. SF
34 Surface Preparation
34a Cleaning of existing steel and surface. SF
RFP Page 34
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
34b Coating of existing reinforcement SF
Exterior rated gypsum board sheathing
34c SF
and substrate
35 Woodwork
Demolition of plywood or standard 1” x
35a SF
6” decking
Demolition of standard 2” x 6” tongue
35b SF
and groove decking
Plywood decking, CDX, 1/2” thick (or
35c SF
15/32" optional)
35d Plywood decking, CDX, 5/8” thick SF
35e Plywood decking, CDX, 3/4” thick SF
Standard 1” x 6” decking, tongue and
35f SF
groove
Standard 2” x 6” tongue and groove
35g SF
decking
Cants, wood fiber, trapezoidal, 1 1/2” x
35h LF
5 5/8”
Cants, SBX treated wood, 4” x 4”
35i LF
diagonal
35j Nailer, SBX treated wood, 1” x 4” LF
35k Nailer, SBX treated wood, 2” x 4” LF
36 Nailer, SBX treated wood
36a 2" x 6" LF
36b 2" x 8" optional LF
36c Curbing, SBX treated wood, 2” x 12” LF
37 Joist, fir
37a 2” x 6” LF
37b 2" x 8" optional LF
38 Joist, fir
38a 2" x 10" LF
38b 2" x 12" optional LF
Standing Seam Metal Roof System
39 (SSMRS) Price Each Specification
Using Line Items
RFP Page 35
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Pre-Engineered SSMRS, products (20-
39a SF
year roof)
39b Subpurlins LF
39c Roof panel installation SF
39d Field forming of panels SF
39e Concealed anchor clips Each
39f Vapor retarder installation SF
39g Insulation installation SF
39h Gutters (SSMRS only) LF
39i Gutter liners SF
39j Flashing LF
39k Expansion joints LF
Finishing touches (no additional cost in
40
contract)
40a Snow retention assemblies LF
Self-adhering ice and water shield
membrane for shingles, tiles, metal
40b LF
waterways, penetrations, valleys, ridges,
edges, etc.
41 Roof Specialties and Accessories
41a Remove roof hatch Each
41b Roof hatch, aluminum, 2’6” x 3’0” Each
41c Roof hatch, aluminum, larger sizes SF
Remove existing roof drain, except
41d Each
plumbing
Install new roof 4" drain, except
41e Each
plumbing
Install new roof 6" drain, except
41f Each
plumbing
41g Reflash existing roof drain Each
41h Plumbing stack, 4# lead flashing Each
Scupper, sheet steel, 24 gauge ASTM A
41i Each
526, match existing configuration
Remove existing walkway, built-up
41j SF
roofs
RFP Page 36
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Walkway, built-up roofs, desert tan
41k LF
fiberglass
41L Walkway, built up roofs, non skid LF
42 Walkway, single ply roof
30" wide roll goods, tape
42a LF
attached
30" wide roll, hot asphalt
42b LF
attached
42c 30" wide roll, adhesive attached LF
42d Roof ventilators Each
Roof ladder, steel, bolted to concrete, up
42e LF
to 20 feet, without cage
Roof ladder, steel, bolted to concrete, 20
42f feet and up, with cage; with intermediate LF
landings as required by Code
42g Roof ladder, security ladder guard Each
42h Termination bar, aluminum, 1/4” x 1” LF
Pitch pocket, 24 gauge, GI, 6” x 6”, with
42i storm collar hemmed to outside, Each
soldered corners and seams
Pitch pocket, 24 gauge, GI, 8” x 8”, with
42j storm collar, hemmed to oytside, Each
soldered corners and seams
43 Pitch pocket, resurface top only
43a 8" x 8" Each
43b 12" x 12" Each
Expansion joint, butyl or neoprene
43c LF
bellows, galvanized flange
43d Expansion joint, CSPE reinforced LF
43e Repair kit for dry repairs Each
43f Repair kit for wet repairs Each
Skylights (price each size and lens
44
combination)
Standard 3' x 5', 4' x 4', 4' x 8' with
44a SF
single clear lenses
Standard 3' x 5', 4' x 4', 4' x 8'
44b SF
with clear double lenses
RFP Page 37
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Skylight lense replacement
44c SF
only, clear
Skylight lense replacement
44d SF
only, double clear
45 Security/fall bars for skylights
45a 3' x 5' Each
45b 4' x 4' Each
45c 4' x 8' Each
45d Special sizes SF
46 Roof Services
Asbestos core testing and patch of
46a Each
existing roof surface
Core analysis, 14” x 14” and patch of
46b Each
existing roof surface
Non destructive roof scan, up to 50,000
46c Each
sq ft, full service each
Additional foot over 50,000 sq
46d SF
ft
Non destructive roof scan, up to 50,000
46e Each
sq ft, limited service
Additional foot over 50,000 sq
46f Each
ft
Roof inspection services (visual
inspection of roofing service/membrane,
flashings, counterflashings, copings,
46g parapets, trims, hatches, penetrations, Day
curbs, roof-mounted equipment, etc.
with a written report of findings and
recommendations
46h Field/shop drawings, up to 10,000 sq ft SF
46i Field/shop drawings, 10,000-50,000 sq ft SF
46j Field/shop drawings, over 50,000 sq ft SF
Prime contractor’s warranty, restoration,
46k Per Project
less than 10,000 sq ft, minimum charge
Prime contractor’s warranty, restoration,
46L Per Project
over 10,000 sq ft, minimum charge
RFP Page 38
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
Prime contractor’s warranty, re-roof,
46m total system, 15 year, less than 10,000 Per Project
sq ft, minimum charge (Standard)
Prime contractor’s warranty, re-roof,
total system, 15 year, less than 10,000
46n Per Project
sq ft, minimum charge (includes 2, 5, 7,
10, 15 year inspections)
Prime contractor’s warranty, re-roof,
46o total system, 15 year, more than 10,000 Per Project
sq ft, minimum charge (Standard)
Prime contractor’s warranty, re-roof,
total system, 15 year, more than 10,000
46p Per Project
sq ft, minimum charge (includes 2, 5, 7,
10, 15 year inspections)
Per diem rate per worker per 24 hour
46q Per Day
period of time
Prime contractors per diem/costs for
46r Day
asbestos abatement planning
Asbestos abatement activities, BUR
46s SF
removal and disposal of waste
Project site is located 65 or more miles
46t from the contractor's/subcontractor's SF
yard/home location.
46u Asbestos site monitoring Day
Annual or semi-annual roof
47
housekeeping-per location
Cost once a year per location if
47a SF
less than 20,000 sq. ft.
Cost per Sq.ft. per year per
47b SF
location if greater than 20,000 sq.ft.
Cost semi-annual per location
47c SF
if less than 20,000 sq. ft
Cost per Sq.ft. semi annual per
47d SF
location if greater than 20,000 sq.ft.
47e Roof leak investigation Day
47f Minor roof repair calls Day
Difficult access or fall restriction;
47g Each
surcharge
RFP Page 39
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
47h Excessive hauling Each
Work in secured areas or compounds;
47i Each
surcharge
Additional and occasional supplies,
48
materials, equipment and services
Additional and occasional services
% of
48a Roofing supplies Discount off Retail
Discount
Price List
Alternative Methods of Costing - percent
48b of overhead/markup and profit added to % of O/P
cost
Discounts Offered Off Alternative
% of
48c Costing Methods (cost plus profit and
discount
overhead) Less Rate of Discount
Multiplier/factor to be applied to the % to be
48d
R.S. Means costs. applied
Deducts and add-ons for in lieu products
49
(Place behind Tab 6)
Special Rental Equipment (Priced based
50
on 9.11.2 above)
Cold and bad weather storage identify
51 Day
extra cost if any
52 Hourly Services Rates
53 Structural Analysis/engineering services Per Hour
54 Architect/design professional services Per Hour
55 Roofing Consultant Per Hour
56 Labor Rate for Roofer Per Hour
57 General Cost Factors
57a Mileage rate Per Mile
Performance and payment bond -
57b Percent
bonding rate (percent of project)
Bonding capacity - total amount of Dollar
57c
capacity available Amount
RFP Page 40
Unit of
Number Description of Cost Factors Offeror's Bid
Measure
58 Solar Panels System
58a
58b
58c
58d
58e
58f
**NOTE: Complete and submit line
items for this section.
Value Add/Balance of Line
**NOTE: Complete and submit line
items for this section.
RFP Page 41
Proposed Pricing Coefficient (s)
Please provide Coefficients for products and services not listed in the provided line items for
states that you are proposing to do work in.
• COEFFICIENTS NORMAL WORKING HOURS; the priced coefficients for each region
that you are willing to work in shall be listed for both regular hours (7A.M. to 6 P.M.)
• COEFFICENT NON-NORMAL WORKING HOURS; the priced coefficient for weekends,
holidays and hours outside of regular hours. The coefficient must be rounded to the
nearest second decimal place, e.g. .793 would be rounded to .79.
Coefficients:
Coefficient Coefficient Coefficient Coefficient
State Normal Non-Normal State Normal Non-Normal
Working Working Working Working
Hours Hours Hours Hours
Alabama Missouri
Alaska Montana
Arizona Nebraska
Arkansas Nevada
California New Hampshire
Colorado New Jersey
Connecticut New Mexico
Delaware New York
District of Columbia North Carolina
Florida North Dakota
Georgia Ohio
Hawaii Oklahoma
Idaho Oregon
Illinois Pennsylvania
Indiana Rhode Island
Iowa South Carolina
Kansas South Dakota
Kentucky Tennessee
Louisiana Texas
Maine Utah
Maryland Vermont
Massachusetts Virginia
Michigan Washington
Minnesota West Virginia
Mississippi Wisconsin
Wyoming
Note: Provide coefficients for the state(s) that you would like to be awarded.
Region 4 ESC is looking for proposers that can provide service in multiple states.
Provide markup percentage on non-prepriced items _________.
RFP Page 42
APPENDIX A
DRAFT CONTRACT
This Contract (“Contract”) is made as of __________, 202X by and between
(“Contractor”) and Region 4 Education Service Center
(“Region 4 ESC”) for the purchase of ___________________________________________(“the
products and services”).
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number R______ for _______ (“RFP”),
to which Contractor provided a response (“Proposal”); and
WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in
providing the services/materials described in the RFP and Proposal;
WHEREAS, both parties agree and understand the following pages will constitute the Contract
between the Contractor and Region 4 ESC, having its principal place of business at 7145 West
Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from these
terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4
ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of all
attachments referenced herein. In the event of a conflict between the provisions set forth below
and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public and
private primary, secondary and higher education entities, non-profit entities, and agencies for the
public benefit (“Public Agencies”) may purchase products and services at prices indicated in the
Contract upon the Public Agency’s registration with OMNIA Partners.
1) Term of agreement. The term of the Contract is for a period of three (3) years unless
terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the
right to renew the Contract for two (2) additional one-year periods or portions thereof. Region
4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region
4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three
hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the
initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may
mutually agree to extend the term of this Agreement. Contractor acknowledges and
understands Region 4 ESC is under no obligation whatsoever to extend the term of this
Agreement.
The anticipated full term of the contract is five (5) years. The Contractor shall have the right
to enter local “service” agreements with Participating Public Agencies accessing the contract
through OMNIA Partners, so long as the effective date of such agreement is prior to the
expiration of the Contract. All local agreements may have a full potential term (any
combination of initial and renewal periods) not to exceed five years.
CONTRACT
1
Any job orders, project agreements or maintenance agreements executed against this
Master Agreement during the effective term may survive beyond the expiration of the Master
Agreement as established and agreed to by both parties.
2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this
agreement, and described in the RFP, incorporated herein by reference as though fully set
forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and
Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted
by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or
provide any material or service under this Contract until Contractor receives a purchase order
for such work or is otherwise directed to do so in writing by Region 4 ESC.
6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final
written expression of agreement. All agreements are contained herein and no other
agreements or representations that materially alter it are acceptable.
7) Assignment of Contract. No assignment of Contract may be made without the prior written
approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material
change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.).
8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to
perform this Contract, a successor in interest must guarantee to perform all obligations under
this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change
of name agreement will not change the contractual obligations of Contractor.
9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding
unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional
distributors or dealers, other than those identified at the time of submitting their proposal, to
sell under the Contract without notification and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or
dealer. Purchase orders and payment can only be made to the Contractor unless otherwise
approved by Region 4 ESC. Pricing provided to members by added distributors or dealers
must also be less than or equal to the Contractor’s pricing.
11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate
the Contract if purchase volume is determined to be low volume in any 12-month period.
CONTRACT
2
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to
failure by Contractor to carry out any obligation, term or condition of the contract. Region
4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any
of the following:
i. Providing material that does not meet the specifications of the Contract;
ii. Providing work or material was not awarded under the Contract;
iii. Failing to adequately perform the services set forth in the scope of work and
specifications;
iv. Failing to complete required work or furnish required materials within a reasonable
amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC
reason to believe Contractor will not or cannot perform the requirements of the
Contract; or
vi. Performing work or providing services under the Contract prior to receiving an
authorized purchase order.
Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide
a satisfactory response to Region 4 ESC. Failure to adequately address all issues of
concern may result in Contract cancellation. Upon cancellation under this paragraph, all
goods, materials, work, documents, data and reports prepared by Contractor under the
Contract shall immediately become the property of Region 4 ESC.
b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely
manner, or Contractor violates any of the covenants, agreements, or stipulations of this
Contract Region 4 ESC reserves the right to terminate the Contract immediately and
pursue all other applicable remedies afforded by law. Such termination shall be effective
by delivery of notice, to the Contractor, specifying the effective date of termination. In such
event, all documents, data, studies, surveys, drawings, maps, models and reports
prepared by Contractor will become the property of the Region 4 ESC. If such event does
occur, Contractor will be entitled to receive just and equitable compensation for the
satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or
within a reasonable time period as interpreted by the purchasing agent or failure to make
replacements or corrections of rejected articles/services when so requested shall
constitute grounds for the Contract to be terminated. In the event Region 4 ESC must
purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a
reasonable time period, for all expenses incurred.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable
wholly or in part to carry out its obligations under this Agreement then such party shall
give notice and full particulars of Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon, and the obligation of
the party giving such notice, so far as it is affected by such Force Majeure, shall be
suspended during the continuance of the inability then claimed, except as hereinafter
provided, but for no longer period, and such party shall endeavor to remove or overcome
such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
United States or the State of Texas or any civil or military authority; insurrections; riots;
epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts;
droughts; arrests; restraint of government and people; civil disturbances; explosions,
breakage or accidents to machinery, pipelines or canals, or other causes not reasonably
within the control of the party claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the discretion of the party having
CONTRACT
3
the difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing party or parties when such settlement is
unfavorable in the judgment of the party having the difficulty.
e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by
providing written notice. The cancellation will take effect 30 business days after the other
party receives the notice of cancellation. After the 30th business day all work will cease
following completion of final purchase order.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds
and permits required for the operation of the business conducted by Contractor. Contractor
shall remain fully informed of and in compliance with all ordinances and regulations pertaining
to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop
work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or
terminated.
13) Survival Clause. All applicable software license agreements, warranties or service
agreements that are entered into between Contractor and Region 4 ESC under the terms and
conditions of the Contract shall survive the expiration or termination of the Contract. All
Purchase Orders issued and accepted by Contractor shall survive expiration or termination of
the Contract.
14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If
delivery is not or cannot be made within this time period, the Contractor must receive
authorization for the delayed delivery. The order may be canceled if the estimated shipping
time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be
included in all pricing offered unless otherwise clearly stated in writing.
15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may
make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be
responsible for arranging the return of the defective or incorrect material.
16) Payments. Payment shall be made after satisfactory performance, in accordance with all
provisions thereof, and upon receipt of a properly completed invoice.
17) Price Adjustments. Should it become necessary or proper during the term of this Contract to
make any change in design or any alterations that will increase price, Region 4 ESC must be
notified immediately. Price increases must be approved by Region 4 ESC and no payment for
additional materials or services, beyond the amount stipulated in the Contract shall be paid
without prior approval. All price increases must be supported by manufacturer documentation,
or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days
after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility
to keep all pricing up to date and on file with Region 4 ESC. All price changes must be
provided to Region 4 ESC, using the same format as was provided and accepted in the
Contractor’s proposal.
Price reductions may be offered at any time during Contract. Special, time-limited reductions
are permissible under the following conditions: 1) reduction is available to all users equally; 2)
reduction is for a specific period, normally not less than thirty (30) days; and 3) original price
is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price
reduction during the Contract term.
CONTRACT
4
18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all
purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC
reserves the right to audit the accounting for a period of three (3) years from the time such
purchases are made. This audit right shall survive termination of this Agreement for a period
of one (1) year from the effective date of termination. Region 4 ESC shall have the authority
to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing
being offered that is materially inconsistent with the pricing under this agreement, Region 4
ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s
sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third-
party auditing firm. In the event of an audit, the requested materials shall be provided in the
format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor
may substitute a new product or model if the replacement product meets or exceeds the
specifications and performance of the discontinued model and if the discount is the same or
greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be
added to the Contract. Pricing shall be equivalent to the percentage discount for other
products. Contractor may replace or add product lines if the line is replacing or supplementing
products, is equal or superior to the original products, is discounted similarly or greater than
the original discount, and if the products meet the requirements of the Contract. No products
and/or services may be added to avoid competitive procurement requirements. Region 4 ESC
may require additions to be submitted with documentation from Members demonstrating an
interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject
any additions without cause.
21) Options. Optional equipment for products under Contract may be added to the Contract at
the time they become available under the following conditions: 1) the option is priced at a
discount similar to other options; 2) the option is an enhancement to the unit that improves
performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's
minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in
writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their
work as required or directed. Upon completion of the work, the premises shall be left in good
repair and an orderly, neat, clean, safe and unobstructed condition.
24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared,
unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the
cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre-installation
requirements.
25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor
agrees no employee or employee of a subcontractor who has been adjudicated to be a
registered sex offender will perform work at any time when students are or are reasonably
expected to be present. Contractor agrees a violation of this condition shall be considered a
CONTRACT
5
material breach and may result in the cancellation of the purchase order at Region 4 ESC’s
discretion. Contractor must identify any additional costs associated with compliance of this
term. If no costs are specified, compliance with this term will be provided at no additional
charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees
on the worksite and shall erect and properly maintain all necessary safeguards for protection
of workers and the public. Contractor shall post warning signs against all hazards created by
its operation and work in progress. Proper precautions shall be taken pursuant to state law
and standard practices to protect workers, general public and existing structures from injury
or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.
Smoking will only be permitted in posted areas or off premises.
28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC,
payment may be made for materials not incorporated in the work but delivered and suitably
stored at the site or some other location, for installation at a later date. An inventory of the
stored materials must be provided to Region 4 ESC prior to payment. Such materials must be
stored and protected in a secure location and be insured for their full value by the Contractor
against loss and damage. Contractor agrees to provide proof of coverage and additionally
insured upon request. Additionally, if stored offsite, the materials must also be clearly identified
as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be
allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite,
as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's
responsibility to protect all materials and equipment. Contractor warrants and guarantees that
title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance.
29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal
property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the
right to terminate the Contract at the expiration of each budget period during the term of the
Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate
funds for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its
administrators, employees and agents against all claims, damages, losses and expenses
arising out of or resulting from the actions of the Contractor, Contractor employees or
subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will
be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within
website, marketing materials and advertisement. Any use of Region 4 ESC name and logo
or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must
have prior approval from Region 4 ESC.
32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC
prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten
(10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall
require all subcontractors performing any work to maintain coverage as specified.
CONTRACT
6
33) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local,
state, and federal laws governing the sale of products/services and shall comply with all laws
while fulfilling the Contract. Applicable laws and regulation must be followed even if not
specifically identified herein.
CONTRACT
7
OFFER AND CONTRACT SIGNATURE FORM
The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices proposed within response
unless noted in writing.
Company Name
Address
City/State/Zip
Telephone No.
Email Address
Printed Name
Title
Authorized signature
Accepted by Region 4 ESC:
Contract No. ______________
Initial Contract Term to
Region 4 ESC Authorized Board Member Date
Print Name
Region 4 ESC Authorized Board Member Date
Print Name
Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Signature on the Offer and Contract Signature form certifies complete acceptance of the terms
and conditions in this solicitation and draft Contract except as noted below with proposed
substitute language (additional pages may be attached, if necessary). The provisions of the
RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal
is returned with modifications to the draft Contract provisions that are not expressly approved
in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.
Check one of the following responses:
Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract.
(Note: If none are listed below, it is understood that no exceptions/deviations are taken.)
Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must
be clearly explained, reference the corresponding term to which Offeror is taking exception
and clearly state any proposed modified language, proposed additional terms to the RFP
and draft Contract must be included:
(Note: Unacceptable exceptions may remove Offeror’s proposal from consideration for
award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and
modifications and the decision shall be final.
If an offer is made with modifications to the contract provisions that are not expressly
approved in writing, the contract provisions contained in the RFP shall prevail.)
Section/Page Term, Condition, or Exception/Proposed Modification Accepted
Specification (For Region 4
ESC’s use)
Appendix C
ADDITIONAL REQUIRED DOCUMENTS
DOC #1 Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy
DOC #2 Antitrust Certification Statements (Tex. Government Code § 2155.005)
DOC #3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295)
DOC #4 Texas Government Code 2270 Verification Form
DOC #5 Felony Conviction Notification
Appendix C, Doc #1
ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY
OPEN RECORDS POLICY
All proposals, information and documents submitted are subject to the Public Information Act
requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror
believes its response, or parts of its response, may be exempted from disclosure, the Offeror
must specify page-by-page and line-by-line the parts of the response, which it believes, are
exempt and include detailed reasons to substantiate the exemption. Price is not confidential and
will not be withheld. Any unmarked information will be considered public information and released,
if requested under the Public Information Act.
The determination of whether information is confidential and not subject to disclosure is the duty
of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient
information to render an opinion and therefore, vague and general claims to confidentiality by the
Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4
ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is
advised to consult with their legal counsel concerning disclosure issues resulting from this
procurement process and to take precautions to safeguard trade secrets and other proprietary
information.
Signature below certifies complete acceptance of Region 4 ESC’s Open Records Policy,
except as noted below (additional pages may be attached, if necessary).
Check one of the following responses to the Acknowledgment and Acceptance of Region 4
ESC’s Open Records Policy below:
We acknowledge Region 4 ESC’s Open Records Policy and declare that no information
submitted with this proposal, or any part of our proposal, is exempt from disclosure under
the Public Information Act.
We declare the following information to be a trade secret or proprietary and exempt from
disclosure under the Public Information Act.
(Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it
believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the
exemption(s). Price is not confident and will not be withheld. All information believed to be a trade
secret or proprietary must be listed. It is further understood that failure to identify such information,
in strict accordance with the instructions, will result in that information being considered public
information and released, if requested under the Public Information Act.)
Date Authorized Signature & Title
Appendix C, Doc #2
ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I affirm under penalty of perjury of the laws of the State of Texas that:
1. I am duly authorized to execute this Contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Company) listed below;
2. In connection with this proposal, neither I nor any representative of the Company has violated
any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter
15;
3. In connection with this proposal, neither I nor any representative of the Company has violated
any federal antitrust law; and
4. Neither I nor any representative of the Company has directly or indirectly communicated any
of the contents of this proposal to a competitor of the Company or any other company,
corporation, firm, partnership or individual engaged in the same line of business as the
Company.
Company Contact
Signature
Printed Name
Address Position with Company
Official
Authorizing
Proposal
Signature
Printed Name
Phone
Position with Company
Fax
Appendix C, DOC # 3
Implementation of House Bill 1295
Certificate of Interested Parties (Form 1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that a governmental entity or state agency may not enter
into certain contracts with a business entity unless the business entity submits a disclosure of
interested parties to the governmental entity or state agency at the time the business entity
submits the signed contract to the governmental entity or state agency. The law applies only
to a contract of a governmental entity or state agency that either (1) requires an action or vote
by the governing body of the entity or agency before the contract may be signed or (2) has a
value of at least $1 million. The disclosure requirement applies to a contract entered into on or
after January 1, 2016.
The Texas Ethics Commission was required to adopt rules necessary to implement that law,
prescribe the disclosure of interested parties form, and post a copy of the form on the
commission’s website. The commission adopted the Certificate of Interested Parties form
(Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on
November 30, 2015, to implement the law. The commission does not have any additional
authority to enforce or interpret House Bill 1295.
Filing Process:
Staring on January 1, 2016, the commission made available on its website a new filing
application that must be used to file Form 1295. A business entity must use the application to
enter the required information on Form 1295 and print a copy of the completed form, which will
include a certification of filing that will contain a unique certification number. An authorized
agent of the business entity must sign the printed copy of the form. The completed Form 1295
with the certification of filing must be filed with the governmental body or state agency with
which the business entity is entering into the contract.
The governmental entity or state agency must notify the commission, using the commission’s
filing application, of the receipt of the filed Form 1295 with the certification of filing not later
than the 30th day after the date the contract binds all parties to the contract. This process is
known as acknowledging the certificate. The commission will post the acknowledged Form
1295 to its website within seven business days after receiving notice from the governmental
entity or state agency. The posted acknowledged form does not contain the declaration of
signature information provided by the business.
A certificate will stay in the pending state until it is acknowledged by the governmental agency.
Only acknowledged certificates are posted to the commission’s website.
Electronic Filing Application:
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
Frequently Asked Questions:
https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php
Changes to Form 1295: https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf
Appendix C, DOC # 4
Texas Government Code 2270 Verification Form
House Bill 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government
Code, provides that a governmental entity may not enter into a contract with a company without
verification that the contracting vendor does not and will not boycott Israel during the term of the
contract.
Furthermore, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the
Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in
business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the
Texas Comptroller.
I, ___________________________________________________, as an authorized
representative of
_____________________________________________________________, a contractor
engaged by
Insert Name of Company
Region 4 Education Service Center, 7145 West Tidwell Road, Houston, TX 77092, verify by this
writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not
boycott Israel during the term of this contract, or any contract with the above-named Texas
governmental entity in the future.
Also, our company is not listed on and we do not do business with companies that are on the
Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found
at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf.
I further affirm that if our company's position on this issue is reversed and this affirmation is no
longer valid, that the above-named Texas governmental entity will be notified in writing within one
(1) business day and we understand that our company's failure to affirm and comply with the
requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract
termination without penalty to the above-named Texas governmental entity.
I swear and affirm that the above is true and correct.
______________________________________________ ________________
Signature of Named Authorized Company Representative Date
Appendix C, DOC #5
FELONY CONVICTION NOTIFICATION
Section 44.034, Texas Education Code, Notification of Criminal History, Subsection (a), states
“A person or business entity that enters into a contract with a school district must give advance
notice to the district if the person or an owner or operator of the business entity has been
convicted of a felony. The notice must include a general description of the conduct resulting in
the conviction of a felony.”
Subsection (b) states “A school district may terminate a contract with a person or business
entity if the district determines that the person or business entity failed to give notice as required
by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must
compensate the person or business entity for services performed before the termination of the
contract.”
This Notice is Not Required of a Publicly-Held Corporation
CRIMINAL HISTORY REVIEW OF CONTRACTOR EMPLOYEES
Offeror shall review §22.0834, Texas Education Code and 19 Texas Administrative Code
§§153.1101 and 153.1117 regarding criminal history checks of school contractor employees.
The rules define continuing duties related to contracted services, direct contact with students,
covered contract employee and other relevant terms within the statute.
Except as otherwise provided herein, Offeror will obtain and certify in writing, before work
begins, that the Offeror has received all criminal history record information that relates to an
employee, applicant, agent or Subcontractor of the Offeror/Contractor or Subcontractor, if the
person has or will have continuing duties related to the contracted services, and the duties are
or will be performed on Region 4 ESC’s, or Participating Public Agency as applicable to the
Texas Education Code, property where students are regularly present or at another location
where students are regularly present. Awarded Offer(s) shall assume all expenses associated
with the background checks and shall immediately remove any employee or agency who was
convicted of, receive probation for, or received deferred adjudication for any felony as outlined
below or any misdemeanor involving moral turpitude, from Region 4 ESC’s property or other
location where students are regularly present.
Offeror/Contractor or sub-contractors may not work on Region 4 ESC’s, or Participating Public
Agency where the Texas Education Code may be applicable, property where students are
present when they have been convicted, received probation, or deferred adjudication for the
following felony offenses:
1. Any offense against a person who was, at the time the offense occurred, under
18 years of age or enrolled at a public school;
2. Any sex offense;
3. Any crimes against persons involving:
a. Controlled substances; or
b. Property; or
4. Any other offense Region 4 ESC, or Participating Public Agency where the Texas
Education Code may be applicable, believes might compromise the safety of
students, employees or property.
I, ___________________________________________________, as an authorized
representative of _____________________________________________________________,
the Offeror verify that:
A. My company is not owned nor operated by anyone who has been convicted of a felony.
Signature of Company Official: ___________________________________ Date: ________
B. My company is owned or operated by the following individual(s) who has/have been
convicted of a felony:
Name of Felon(s): __________________________________________________________
Details of Conviction(s) : _____________________________________________________
Date: _______________
C. My company is a publicly held corporate, therefore, this reporting requirement is not
applicable.
Signature of Company Official: ___________________________________ Date: ________
Appendix D
Requirements for National Cooperative Contract To Be Administered by OMNIA Partners
The following documents are used in evaluating and administering national cooperative contracts
and are included for Offeror’s review and response.
Exhibit A – Response for National Cooperative Contract
Exhibit B – Administration Agreement, Example
Exhibit C – Master Intergovernmental Cooperative Purchasing Agreement, Example
Exhibit D – Principal Procurement Agency Certificate, Example
Exhibit E – Contract Sales Reporting Template
Exhibit F – Federal Funds Certifications
Exhibit G – New Jersey Business Compliance
Exhibit H – Advertising Compliance Requirement
Version February 24, 2023
Exhibit A
Response for National Cooperative Contract
1.0 Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master
Agreement or in the Administration Agreement between Supplier and OMNIA Partners.
1.1 Requirement
Region 4 Education Service Center (hereinafter defined and referred to as “Principal
Procurement Agency”), on behalf of itself and the National Intergovernmental
Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public
Sector (“OMNIA Partners”), is requesting proposals for Roofing Products, Services
and Job-Order-Contracting (JOC) Services. The intent of this Request for Proposal is
any contract between Principal Procurement Agency and Supplier resulting from this
Request for Proposal (“Master Agreement”) be made available to other public
agencies nationally, including state and local governmental entities, public and private
primary, secondary and higher education entities, non-profit entities, and agencies for
the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative
purchasing program. The Principal Procurement Agency has executed a Principal
Procurement Agency Certificate with OMNIA Partners, an example of which is
included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the
Master Agreement by any Public Agency is preceded by their registration with OMNIA
Partners as a Participating Public Agency in OMNIA Partners’ cooperative purchasing
program. Registration with OMNIA Partners as a Participating Public Agency is
accomplished by Public Agencies entering into a Master Intergovernmental
Cooperative Purchasing Agreement, an example of which is attached as Exhibit C,
and by using the Master Agreement, any such Participating Public Agency agrees
that it is registered with OMNIA Partners, whether pursuant to the terms of the Master
Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to.
The terms and pricing established in the resulting Master Agreement between the
Supplier and the Principal Procurement Agency will be the same as that available to
Participating Public Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between
the Supplier and each Participating Public Agency individually, and neither OMNIA
Partners, any Principal Procurement Agency nor any Participating Public Agency,
including their respective agents, directors, employees or representatives, shall be
liable to Supplier for any acts, liabilities, damages, etc., incurred by any other
Participating Public Agency. Supplier is responsible for knowing the tax laws in each
state.
This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA
Partners’ requirements to market the resulting Master Agreement nationally to Public
Agencies. Each section in this Exhibit A refers to the capabilities, requirements,
obligations, and prohibitions of competing Suppliers on a national level in order to
serve Participating Public Agencies through OMNIA Partners.
Version February 24, 2023
These requirements are incorporated into and are considered an integral part of this
RFP. OMNIA Partners reserves the right to determine whether to make the Master
Agreement awarded by the Principal Procurement Agency available to Participating
Public Agencies, in its sole and absolute discretion, and any party submitting a
response to this RFP acknowledges that any award by the Principal Procurement
Agency does not obligate OMNIA Partners to make the Master Agreement available
to Participating Procurement Agencies.
1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreement OMNIA Partners intends to provide
marketing, sales, partnership development and administrative support for Supplier
pursuant to this section that directly promotes the Supplier’s products and services to
Participating Public Agencies through multiple channels, each designed to promote
specific products and services to Public Agencies on a national basis.
OMNIA Partners will assign the Supplier a Director of Partner Development who will
serve as the main point of contact for the Supplier and will be responsible for
managing the overall relationship between the Supplier and OMNIA Partners. The
Director of Partner Development will work with the Supplier to develop a
comprehensive strategy to promote the Master Agreement and will connect the
Supplier with appropriate stakeholders within OMNIA Partners including, Sales,
Marketing, Contracting, Training, and Operations & Support.
The OMNIA Partners marketing team will work in conjunction with Supplier to promote
the Master Agreement to both existing Participating Public Agencies and prospective
Public Agencies through channels that may include:
A. Marketing collateral (print, electronic, email, presentations)
B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Supplier to promote
the Master Agreement to both existing Participating Public Agencies and prospective
Public Agencies through initiatives that may include:
A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
The OMNIA Partners contracting teams will work in conjunction with Supplier to
promote the Master Agreement to both existing Participating Public Agencies and
prospective Public Agencies through:
Version February 24, 2023
A. Serving as the subject matter expert for questions regarding joint powers authority
and state statutes and regulations for cooperative purchasing
B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Suppliers are required to pay an Administrative Fee of 3% of the greater of the
Contract Sales under the Master Agreement and Guaranteed Contract Sales under
this Request for Proposal. Supplier will be required to execute the OMNIA Partners
Administration Agreement (Exhibit B). At Supplier’s option, Suppliers may pay
additional fees beyond administrative fees, such as technology fees, to OMNIA
Partners and/or a third party for additional support and/or access to OMNIA Partners’
technology platform.
1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be
approximately $500M annually. While no minimum volume is guaranteed to Supplier,
the estimated annual volume is projected based on the current annual volumes
among the Principal Procurement Agency, other Participating Public Agencies that
are anticipated to utilize the resulting Master Agreement to be made available to them
through OMNIA Partners, and volume growth into other Public Agencies through a
coordinated marketing approach between Supplier and OMNIA Partners.
1.4 Award Basis
The basis of any contract award resulting from this RFP made by Principal
Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a
national level through OMNIA Partners. If multiple Suppliers are awarded by Principal
Procurement Agency under the Master Agreement, those same Suppliers will be
required to extend the Master Agreement to Participating Public Agencies through
OMNIA Partners. Utilization of the Master Agreement by Participating Public
Agencies will be at the discretion of the individual Participating Public Agency. Certain
terms of the Master Agreement specifically applicable to the Principal Procurement
Agency (e.g., governing law) are subject to modification for each Participating Public
Agency as Supplier and such Participating Public Agency may agree without being in
conflict with the Master Agreement as a condition of the Participating Public Agency’s
purchase and not a modification of the Master Agreement applicable to all
Participating Agencies. Participating Agencies may request to enter into a separate
supplemental agreement to further define the level of service requirements over and
above the minimum defined in the Master Agreement (e.g., governing law, invoice
requirements, order requirements, specialized delivery, diversity requirements such
as minority and woman owned businesses, historically underutilized business, etc.)
(“Supplemental Agreement”). It shall be the responsibility of the Supplier to comply,
when applicable, with the prevailing wage legislation in effect in the jurisdiction of the
Participating Public Agency. It shall further be the responsibility of the Supplier to
monitor the prevailing wage rates as established by the appropriate department of
labor for any increase in rates during the term of the Master Agreement and adjust
wage rates accordingly. In instances where supplemental terms and conditions
create additional risk and cost for Supplier, Supplier and Participating Public Agency
may negotiate additional pricing above and beyond the stated contract not-to-exceed
Version February 24, 2023
pricing so long as the added price is commensurate with the additional cost incurred
by the Supplier. Any supplemental agreement developed as a result of the Master
Agreement is exclusively between the Participating Public Agency and the Supplier
(Contract Sales are reported to OMNIA Partners).
All signed Supplemental Agreements and purchase orders issued and accepted by
the Supplier may survive expiration or termination of the Master Agreement.
Participating Agencies’ purchase orders may exceed the term of the Master
Agreement if the purchase order is issued prior to the expiration of the Master
Agreement. Supplier is responsible for reporting all sales and paying the applicable
Administrative Fee for sales that use the Master Agreement as the basis for the
purchase order, even though Master Agreement may have expired.
1.5 Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through
OMNIA Partners’ cooperative program:
A. Provide a comprehensive competitively solicited and awarded national agreement
offering the Products covered by this solicitation to Participating Public Agencies;
B. Establish the Master Agreement as the Supplier’s primary go to market strategy
to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation
process that will reduce the Supplier’s need to respond to multiple solicitations
and Public Agencies need to conduct their own solicitation process;
D. Combine the aggregate purchasing volumes of Participating Public Agencies to
achieve cost effective pricing.
2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be
available to all Public Agencies, Supplier must make certain representations,
warranties and covenants to both the Principal Procurement Agency and OMNIA
Partners designed to ensure the success of the Master Agreement for all
Participating Public Agencies as well as the Supplier.
2.1 Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary corporate
authorizations and support of the Supplier’s executive management, (2) the Master
Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the
Master Agreement will be promoted to all Public Agencies, including any existing
customers, and Supplier will transition existing customers, upon their request, to the
Master Agreement, and (4) that the Supplier has read and agrees to the terms and
Version February 24, 2023
conditions of the Administration Agreement with OMNIA Partners and will execute
such agreement concurrent with and as a condition of its execution of the Master
Agreement with the Principal Procurement Agency. Supplier will identify an executive
corporate sponsor and a separate national account manager within the RFP response
that will be responsible for the overall management of the Master Agreement.
2.2 Pricing Commitment
Supplier commits the not-to-exceed pricing provided under the Master Agreement
pricing is its lowest available (net to buyer) to Public Agencies nationwide and further
commits that if a Participating Public Agency is eligible for lower pricing through a
national, state, regional or local or cooperative contract, the Supplier will match such
lower pricing to that Participating Public Agency under the Master Agreement.
2.3 Sales Commitment
Supplier commits to aggressively market the Master Agreement as its go to market
strategy in this defined sector and that its sales force will be trained, engaged and
committed to offering the Master Agreement to Public Agencies through OMNIA
Partners nationwide. Supplier commits that all Master Agreement sales will be
accurately and timely reported to OMNIA Partners in accordance with the OMNIA
Partners Administration Agreement. Supplier also commits its sales force will be
compensated, including sales incentives, for sales to Public Agencies under the
Master Agreement in a consistent or better manner compared to sales to Public
Agencies if the Supplier were not awarded the Master Agreement.
3.0 SUPPLIER RESPONSE
Supplier must supply the following information for the Principal Procurement Agency to
determine Supplier’s qualifications to extend the resulting Master Agreement to Participating
Public Agencies through OMNIA Partners.
3.1 Company
A. Brief history and description of Supplier to include experience providing similar
products and services.
B. Total number and location of salespersons employed by Supplier.
C. Number and location of support centers (if applicable) and location of corporate
office.
D. Annual sales for the three previous fiscal years.
a. Submit FEIN and Dunn & Bradstreet report.
Version February 24, 2023
E. Describe any green or environmental initiatives or policies.
F. Describe any diversity programs or partners supplier does business with and how
Participating Agencies may use diverse partners through the Master Agreement.
Indicate how, if at all, pricing changes when using the diversity program. If there
are any diversity programs, provide a list of diversity alliances and a copy of their
certifications.
G. Indicate if supplier holds any of the below certifications in any classified areas and
include proof of such certification in the response:
a. Minority Women Business Enterprise
Yes No
If yes, list certifying agency: ___________________________________
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise
(DBE)
Yes No
If yes, list certifying agency: ___________________________________
c. Historically Underutilized Business (HUB)
Yes No
If yes, list certifying agency: ___________________________________
d. Historically Underutilized Business Zone Enterprise (HUBZone)
Yes No
If yes, list certifying agency: ___________________________________
e. Other recognized diversity certificate holder
Yes No
If yes, list certifying agency: ____________________________________
H. List any relationships with subcontractors or affiliates intended to be used when
providing services and identify if subcontractors meet minority-owned standards. If
any, list which certifications subcontractors hold and certifying agency.
I. Describe how supplier differentiates itself from its competitors.
J. Describe any present or past litigation, bankruptcy or reorganization involving
supplier.
K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not
applicable;
b. is not owned or operated by anyone who has been convicted of a felony;
or
c. is owned or operated by and individual(s) who has been convicted of a
felony and provide the names and convictions.
L. Describe any debarment or suspension actions taken against supplier
Version February 24, 2023
3.2 Distribution, Logistics
A. Each offeror awarded an item under this solicitation may offer their complete
product and service offering/a balance of line. Describe the full line of products
and services offered by supplier.
B. Describe how supplier proposes to distribute the products/service nationwide.
Include any states where products and services will not be offered under the
Master Agreement, including U.S. Territories and Outlying Areas.
C. Describe how Participating Agencies are ensured they will receive the Master
Agreement pricing; include all distribution channels such as direct ordering, retail
or in-store locations, through distributors, etc. Describe how Participating
Agencies verify and audit pricing to ensure its compliance with the Master
Agreement.
D. Identify all other companies that will be involved in processing, handling or
shipping the products/service to the end user.
E. Provide the number, size and location of Supplier’s distribution facilities,
warehouses and retail network as applicable.
3.3 Marketing and Sales
A. Provide a detailed ninety-day plan beginning from award date of the Master
Agreement describing the strategy to immediately implement the Master
Agreement as supplier’s primary go to market strategy for Public Agencies to
supplier’s teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the
public sector go-to-market strategy within first 10 days
ii. Training and education of Supplier’s national sales force with participation
from the Supplier’s executive leadership, along with the OMNIA Partners
team within first 90 days
B. Provide a detailed ninety-day plan beginning from award date of the Master
Agreement describing the strategy to market the Master Agreement to current
Participating Public Agencies, existing Public Agency customers of Supplier, as
well as to prospective Public Agencies nationwide immediately upon award, to
include, but not limited to:
i. Creation and distribution of a co-branded press release to trade
publications
ii. Announcement, Master Agreement details and contact information
published on the Supplier’s website within first 90 days
iii. Design, publication and distribution of co-branded marketing materials
within first 90 days
Version February 24, 2023
iv. Commitment to attendance and participation with OMNIA Partners at
national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e.
Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.)
and supplier-specific trade shows, conferences and meetings throughout
the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum
in an area reserved by OMNIA Partners for partner suppliers. Booth space
will be purchased and staffed by Supplier. In addition, Supplier commits
to provide reasonable assistance to the overall promotion and marketing
efforts for the NIGP Annual Forum, as directed by OMNIA Partners.
vi. Design and publication of national and regional advertising in trade
publications throughout the term of the Master Agreement
vii. Ongoing marketing and promotion of the Master Agreement throughout its
term (case studies, collateral pieces, presentations, promotions, etc.)
viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s
website with:
• OMNIA Partners standard logo;
• Copy of original Request for Proposal;
• Copy of Master Agreement and amendments between Principal
Procurement Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners’ website including the online
registration page;
• A dedicated toll-free number and email address for OMNIA
Partners
C. Describe how Supplier will transition any existing Public Agency customers’
accounts to the Master Agreement available nationally through OMNIA Partners.
Include a list of current cooperative contracts (regional and national) Supplier
holds and describe how the Master Agreement will be positioned among the other
cooperative agreements.
D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and
agrees to provide permission for reproduction of such logo in marketing
communications and promotions. Acknowledge that use of OMNIA Partners logo
will require permission for reproduction, as well.
E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services
to Public Agencies nationwide and the timely follow up to leads established by
OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a
minimum, the Supplier’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a
Principal Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
Version February 24, 2023
F. Confirm Supplier will train its national sales force on the Master Agreement. At a
minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master
Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts
G. Provide the name, title, email and phone number for the person(s), who will be
responsible for:
i. Executive Support
ii. Marketing
iii. Sales
iv. Sales Support
v. Financial Reporting
vi. Accounts Payable
vii. Contracts
H. Describe in detail how Supplier’s national sales force is structured, including
contact information for the highest-level executive in charge of the sales team.
I. Explain in detail how the sales teams will work with the OMNIA Partners team to
implement, grow and service the national program.
I. Explain in detail how Supplier will manage the overall national program throughout
the term of the Master Agreement, including ongoing coordination of marketing
and sales efforts, timely new Participating Public Agency account set-up, timely
contract administration, etc.
J. State the amount of Supplier’s Public Agency sales for the previous fiscal year.
Provide a list of Supplier’s top 10 Public Agency customers, the total purchases
for each for the previous fiscal year along with a key contact for each.
K. Describe Supplier’s information systems capabilities and limitations regarding
order management through receipt of payment, including description of multiple
platforms that may be used for any of these functions.
L. Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners
Administration Agreement) that Supplier will guarantee each year under the
Master Agreement for the initial three years of the Master Agreement
(“Guaranteed Contract Sales”).
Version February 24, 2023
$_______.00 in year one
$_______.00 in year two
$_______.00 in year three
To the extent Supplier guarantees minimum Contract Sales, the
Administrative Fee shall be calculated based on the greater of the actual
Contract Sales and the Guaranteed Contract Sales.
M. Even though it is anticipated many Public Agencies will be able to utilize the
Master Agreement without further formal solicitation, there may be circumstances
where Public Agencies will issue their own solicitations. The following options are
available when responding to a solicitation for Products covered under the Master
Agreement.
i. Respond with Master Agreement pricing (Contract Sales reported to
OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard
Master Agreement not-to-exceed pricing, Supplier may respond with
lower pricing through the Master Agreement. If Supplier is awarded
the contract, the sales are reported as Contract Sales to OMNIA
Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the
unlikely event that the Public Agency refuses to utilize Master
Agreement (Contract Sales are not reported to OMNIA Partners).
iv. If alternative or multiple proposals are permitted, respond with
pricing higher than Master Agreement, and include Master
Agreement as the alternate or additional proposal.
Detail Supplier’s strategies under these options when responding to a solicitation.
Version February 24, 2023
Exhibit B
Administration Agreement, Example
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this ___ day of
______ 20__, between National Intergovernmental Purchasing Alliance Company, a Delaware
corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), and ________________
(“Supplier”).
RECITALS
WHEREAS, the ___________________ (the “Principal Procurement Agency”) has
entered into a Master Agreement effective _________________, Agreement No_______, by and
between the Principal Procurement Agency and Supplier, (as may be amended from time to time
in accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A
and incorporated herein by reference as though fully set forth herein, for the purchase of
____________________________ (the “Product”);
WHEREAS, said Master Agreement provides that any or all public agencies, including state
and local governmental entities, public and private primary, secondary and higher education
entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”),
that register (either via registration on the OMNIA Partners website or execution of a Master
Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each,
hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices
stated in the Master Agreement;
WHEREAS, Participating Public Agencies may access the Master Agreement which is
offered through OMNIA Partners to Public Agencies;
WHEREAS, OMNIA Partners serves as the cooperative contract administrator of the Master
Agreement on behalf of Principal Procurement Agency;
WHEREAS, Principal Procurement Agency desires OMNIA Partners to proceed with
administration of the Master Agreement; and
WHEREAS, OMNIA Partners and Supplier desire to enter into this Agreement to make
available the Master Agreement to Participating Public Agencies and to set forth certain terms
and conditions governing the relationship between OMNIA Partners and Supplier.
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows:
DEFINITIONS
1. Capitalized terms used in this Agreement and not otherwise defined herein shall have
the meanings given to them in the Master Agreement.
Version February 24, 2023
TERMS AND CONDITIONS
2. The Master Agreement and the terms and conditions contained therein shall apply to
this Agreement except as expressly changed or modified by this Agreement. Supplier
acknowledges and agrees that the covenants and agreements of Supplier set forth in the
solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated
herein and are an integral part hereof.
3. OMNIA Partners shall be afforded all of the rights, privileges and indemnifications
afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and
such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA
Partners, its agents, employees, directors, and representatives under this Agreement including,
but not limited to, Supplier’s obligation to obtain appropriate insurance.
4. OMNIA Partners shall perform all of its duties, responsibilities and obligations as the
cooperative contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set
forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will
be undertaken by OMNIA Partners solely in its capacity as the cooperative contract administrator under the
Master Agreement.
5. With respect to any purchases by Principal Procurement Agency or any Participating
Public Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as
a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal
Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for
any order for Product made by Principal Procurement Agency or any Participating Public Agency
or any employee thereof under the Master Agreement or for any payment required to be made
with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by
Principal Procurement Agency or any Participating Public Agency to comply with procedures or
requirements of applicable law or the Master Agreement or to obtain the due authorization and
approval necessary to purchase under the Master Agreement. OMNIA Partners makes no
representation or guaranty with respect to any minimum purchases by Principal Procurement
Agency or any Participating Public Agency or any employee thereof under this Agreement or the
Master Agreement.
6. OMNIA Partners shall not be responsible for Supplier’s performance under the Master
Agreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise
from the acts or omissions of Supplier in connection with the Master Agreement.
7. Supplier acknowledges that, in connection with its access to OMNIA Partners
confidential information and/or supply of data to OMNIA Partners, it has complied with and shall
continue to comply with all laws, regulations and standards that may apply to Supplier, including,
without limitation: (a) United States federal and state information security and privacy statutes,
regulations and/or best practices, including, without limitation, the Gramm-Leach-Bliley Act, the
Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption
statute (N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and
California Consumer Privacy Act (Cal. Civil Code § 1798.100 et. seq.); and (b) applicable industry
and regulatory standards and best practices (collectively, “Data Regulations”).
With regard to Personal Information that Supplier collects, receives, or otherwise
processes under the Agreement or otherwise in connection with performance of the Agreement,
Supplier agrees that it will not: (i) sell, rent, release, disclose, disseminate, make available,
transfer, or otherwise communicate orally, in writing, or by electronic or other means, such
Personal Information to another business or third party for monetary or other valuable
consideration; or (ii) retain, use, or disclose such Personal Information outside of the direct
business relationship between Supplier and OMNIA Partners or for any purpose other than for
Version February 24, 2023
the specific purpose of performance of the Agreement, including retaining, using, or disclosing
such Personal Information for a commercial purpose other than for performance of the
Agreement. By entering into the Agreement, Supplier certifies that it understands the specific
restrictions contained in this Section 7 and will comply with them. For purposes hereof, “Personal
Information” means information that identifies, relates to, describes, is reasonably capable of
being associated with, or could reasonably be linked, directly or indirectly, with a particular
consumer or household, and includes the specific elements of “personal information” as defined
under Data Regulations, as defined herein. Supplier will reasonably assist OMNIA Partners in
timely responding to any third party “request to know” or “request to delete” (as defined pursuant
to Data Regulations) and will promptly provide OMNIA Partners with information reasonably
necessary for OMNIA Partners to respond to such requests. Where Supplier collects Personal
Information directly from Public Agencies or others on OMNIA Partners’ behalf, Supplier will
maintain records and the means necessary to enable OMNIA Partners to respond to such
requests to know and requests to delete.
8. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA
PARTNERS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES REGARDING OMNIA PARTNERS’ PERFORMANCE AS A COOPERATIVE
CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS SHALL
NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA
PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM OF AGREEMENT; TERMINATION
9. This Agreement shall be in effect so long as the Master Agreement remains in effect,
provided, however, that the provisions of Sections 3 – 8 and 11 – 22, hereof and the
indemnifications afforded by the Supplier to OMNIA Partners in the Master Agreement, to the
extent such provisions survive any expiration or termination of the Master Agreement, shall
survive the expiration or termination of this Agreement.
NATIONAL PROMOTION
10. OMNIA Partners and Supplier shall publicize and promote the availability of the
Master Agreement’s products and services to Public Agencies and such agencies’ employees.
Supplier shall require each Public Agency to register its participation in the OMNIA Partners
program by either registering on the OMNIA Partners website
(www.omniapartners.com/publicsector) or executing a Master Intergovernmental Cooperative
Purchasing Agreement prior to processing the Participating Public Agency’s first sales order.
Upon request, Supplier shall make available to interested Public Agencies a copy of the Master
Agreement and such price lists or quotes as may be necessary for such Public Agencies to
evaluate potential purchases.
11. Supplier shall provide such marketing and administrative support as set forth in the
solicitation resulting in the Master Agreement, including assisting in development of marketing
materials as reasonably requested by Principal Procurement Agency and OMNIA Partners.
Supplier shall be responsible for obtaining permission or license of use and payment of any
license fees for all content and images Supplier provides to OMNIA Partners or posts on the
OMNIA Partners website. Supplier shall indemnify, defend and hold harmless OMNIA Partners
for use of all such content and images including copyright infringement claims. Supplier and
OMNIA Partners each hereby grant to the other party a limited, revocable, non-transferable, non-
sublicensable right to use such party’s logo (each, the “Logo”) solely for use in marketing the
Master Agreement. Each party shall provide the other party with the standard terms of use of such
party’s Logo, and such party shall comply with such terms in all material respects. Both parties
shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the
Version February 24, 2023
foregoing, the parties understand and agree that except as provided herein neither party shall
have any right, title or interest in the other party’s Logo. Upon termination of this Agreement,
each party shall immediately cease use of the other party’s Logo.
ADMINISTRATIVE FEE, REPORTING & PAYMENT
12. An “Administrative Fee” shall be defined and due to OMNIA Partners from Supplier in the
amount of three percent (3%) (“Administrative Fee Percentage”) multiplied by the total purchase amount
paid to Supplier, less refunds and credits on returns, for the sale of products and/or services to Principal
Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from
time to time and including any renewal thereof) (“Contract Sales”). From time to time the parties may
mutually agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating
Public Agency’s Contract Sales.
13. Supplier shall provide OMNIA Partners with an electronic accounting report monthly, in the
format prescribed by OMNIA Partners, summarizing all Contract Sales for each calendar month. The Contract
Sales reporting format is provided as Exhibit C (“Contract Sales Report”), attached hereto and incorporated
herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA
Partners by the 10th day of the following month. Failure to provide a Contract Sales Report within the time
and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty
(30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at
Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
14. Administrative Fee payments are to be paid by Supplier to OMNIA Partners at the frequency
and on the due date stated in Section 13, above, for Supplier’s submission of corresponding Contract Sales
Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA
Partners designated financial institution identified in Exhibit D. Failure to provide a payment of the
Administrative Fee within the time and manner specified herein shall constitute a material breach of this
Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for
termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this
Agreement, at OMNIA Partners’ sole discretion. All Administrative Fees not paid when due shall bear interest
at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by
law until paid in full.
15. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies
under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners’ sole discretion, reserves
the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier
for a period of four (4) years from the date OMNIA Partners receives such report. In addition, OMNIA Partners
may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such
an audit, Supplier shall provide all materials reasonably requested relating to such audit by OMNIA Partners
at the location designated by OMNIA Partners. In the event an underreporting of Contract Sales and a resulting
underpayment of Administrative Fees is revealed, OMNIA Partners will notify the Supplier in writing.
Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners’
reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest
thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and expenses related to
such audit.
GENERAL PROVISIONS
16. This Agreement, the Master Agreement and the exhibits referenced herein supersede
any and all other agreements, either oral or in writing, between the parties hereto with respect to
the subject matter hereto and no other agreement, statement, or promise relating to the subject
matter of this Agreement which is not contained or incorporated herein shall be valid or binding.
In the event of any conflict between the provisions of this Agreement and the Master Agreement,
as between OMNIA Partners and Supplier, the provisions of this Agreement shall prevail.
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17. If any action at law or in equity is brought to enforce or interpret the provisions of this
Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall
be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may
be entitled.
18. This Agreement and OMNIA Partners’ rights and obligations hereunder may be
assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of
any or all or substantially all of the assets of OMNIA Partners, or the successor entity as a result
of a merger, reorganization, consolidation, conversion or change of control, whether by operation
of law or otherwise. Supplier may not assign its obligations hereunder without the prior written
consent of OMNIA Partners.
19. All written communications given hereunder shall be delivered by first-class mail, postage
prepaid, or overnight delivery on receipt to the addresses as set forth below.
A. OMNIA Partners:
OMNIA Partners
5001 Aspen Grove
Franklin, TN 37067
Attention: Legal Department - Public Sector Contracting
B. Supplier:
____________________
____________________
____________________
____________________
20. If any provision of this Agreement shall be deemed to be, or shall in fact be,
illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein
contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this
Agreement will be construed by limiting or invalidating such provision to the minimum extent
necessary to make such provision valid, legal and enforceable.
21. This Agreement may not be amended, changed, modified, or altered without
the prior written consent of the parties hereto, and no provision of this Agreement may be discharged
or waived, except by a writing signed by the parties. A waiver of any particular provision will not be
deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply
to any other occasion.
22. This Agreement shall inure to the benefit of and shall be binding upon OMNIA
Partners, the Supplier and any respective successor and assign thereto; subject, however, to the
limitations contained herein.
23. This Agreement will be construed under and governed by the laws of the State of
Delaware, excluding its conflicts of law provisions and any action arising out of or related to this
Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson
County Tennessee.
24. This Agreement may be executed in counterparts, each of which is an original but all
of which, together, shall constitute but one and the same instrument. The exchange of copies of
Version February 24, 2023
this Agreement and of signature pages by facsimile, or by .pdf or similar electronic
transmission, will constitute effective execution and delivery of this Agreement as to the
parties and may be used in lieu of the original Agreement for all purposes. Signatures of the
parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed
to be their original signatures for any purpose whatsoever.
[INSERT SUPPLIER ENTITY NAME] NATIONAL
INTERGOVERNMENTAL
PURCHASING ALLIANCE
COMPANY, A DELAWARE
CORPORATION D/B/A OMNIA
PARTNERS, PUBLIC SECTOR
Signature Signature
Sarah Vavra
Name Name
Sr. Vice President, Public Sector
Contracting
Title Title
Date Date
Version February 24, 2023
Exhibit C
Master Intergovernmental Cooperative Purchasing Agreement, Example
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is
entered into by and between those certain government agencies that execute a Principal
Procurement Agency Certificate (“Principal Procurement Agencies”) with National
Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA
Partners, Public Sector, Communities Program Management, LLC, a California limited liability
company d/b/a U.S. Communities, and/or NCPA LLC, a Texas limited liability company d/b/a
National Cooperative Purchasing Alliance (collectively, “OMNIA Partners”), in its capacity as the
cooperative administrator, to be appended and made a part hereof and such other public
agencies (“Participating Public Agencies”) who register to participate in the cooperative
purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries
(collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners website
(www.omniapartners.com/publicsector or any successor website), or by executing a copy of this
Agreement.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement
Agencies, in compliance with their own policies, procedures, rules and regulations, a number of
suppliers have entered into “Master Agreements” (herein so called) to provide a variety of
goods, products and services (“Products”) to the applicable Principal Procurement Agency and
the Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through
the OMNIA Partners Parties and provide that Participating Public Agencies may purchase
Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject
to any applicable federal and/or local purchasing ordinances and the laws of the State of
purchase; and
WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to
time offer Participating Public Agencies the opportunity to acquire Products through other group
purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and
of the mutual benefits to result, the parties hereby agree as follows:
1. Each party will facilitate the cooperative procurement of Products.
2. The Participating Public Agencies shall procure Products in accordance with and
subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern
Participating Public Agency’s procurement practices. The Participating Public Agencies hereby
acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and
that Principal Procurement Agencies’ participation in the program described herein comply with all
applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(j), as may be
amended from time to time. The Participating Public Agencies further acknowledge and agree that
they are solely responsible for their compliance with all applicable “safe harbor” regulations, including
but not limited to any and all obligations to fully and accurately report discounts and incentives.
3. The Participating Public Agency represents and warrants that the Participating Public
Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a
hospital or healthcare provider; provided that the foregoing shall not prohibit Participating Public
Agency from furnishing health care services so long as the furnishing of health care services is not
in furtherance of a primary purpose of the Participating Public Agency.
4. The cooperative use of Master Agreements shall be in accordance with the terms and
conditions of the Master Agreements, except as modification of those terms and conditions is
otherwise required by applicable federal, state or local law, policies or procedures.
5. The Principal Procurement Agencies will make available, upon reasonable request,
Master Agreement information which may assist in improving the procurement of Products by the
Participating Public Agencies.
6. The Participating Public Agency agrees the OMNIA Partners Parties may provide
access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the
Participating Public Agency in another GPO’s purchasing program, provided that the purchase of
Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public
Agency’s sole discretion.
7. The Participating Public Agencies (each a “Procuring Party”) that procure Products
through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will
make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for
Products received in accordance with the terms and conditions of the Master Agreement or GPO
Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered
by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between
Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of
the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8. The Procuring Party shall not use this Agreement as a method for obtaining additional
concessions or reduced prices for purchase of similar products or services outside of the Master
Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the
Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional
concessions for purchase of Products through a Master Agreement.
9. The Procuring Party shall be responsible for the ordering of Products under this
Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring
Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring
party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA
PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO
CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE
DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES
THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR
OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO
Version February 24, 2023
CONTRACT.
11. This Agreement shall remain in effect until termination by either party giving thirty (30)
days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any
such termination.
12. This Agreement shall take effect upon (i) execution of the Principal Procurement
Agency Certificate, or (ii) registration on the OMNIA Partners website or the execution of this
Agreement by a Participating Public Agency, as applicable.
Participating Public Agency: OMNIA Partners, as the cooperative
administrator on behalf of Principal
Procurement Agencies:
NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE COMPANY
COMMUNITIES PROGRAM
MANAGEMENT, LLC
Authorized Signature Signature
Sarah E. Vavra
Name Name
Sr. Vice President, Public Sector Contracting
Title and Agency Name Title
Date Date
Version February 24, 2023
Exhibit D
Principal Procurement Agency Certificate, Example
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a Principal Procurement Agency (as defined below) for National
Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners,
Public Sector (“OMNIA Partners”), [PPA Name] agrees to pursue Master Agreements for Products
as specified in the attached Exhibits to this Principal Procurement Agency Certificate.
I hereby acknowledge, in my capacity as _____________ of and on behalf of [PPA Name]
(“Principal Procurement Agency”), that I have read and hereby agree to the general terms and
conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement
regulating the use of the Master Agreements and purchase of Products that from time to time are
made available by Principal Procurement Agencies to Participating Public Agencies nationwide
through OMNIA Partners.
I understand that the purchase of one or more Products under the provisions of the Master
Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of
the Participating Public Agency.
Authorized Signature, [PPA Name]________
Signature
Name
Title
Date
Exhibit E
Contract Sales Reporting Template
Contract Sales Report submitted electronically in Microsoft Excel:
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 non–Federal 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
non–Federal 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 non–Federal entity that, consistent with 31 U.S.C. 6302–6305:
(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 non–Federal 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 non–Federal 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 non–Federal 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 non–Federal 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 non–Federal 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.
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Non–Federal 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 non–Federal 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 non–Federal entity during the same or a future period.
Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
program.
Recipient means a non–Federal 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 non–Federal entity may purchase property or
services using small purchase methods. Non–Federal 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 non–Federal 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 Public 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 Services—Representation, 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 February 24, 2023
(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 February 24, 2023
(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 People’s 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 February 24, 2023
(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 February 24, 2023
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding
paragraph (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 Public 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 Public Agency and the Participating Public Agency’s 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
adjusted amount 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
instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as
appropriate.
Pursuant to Federal Rule (A) above, when a Participating Public Agency expends federal funds, the Participating Public
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
be effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Public Agency expends federal funds, the Participating Public
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 the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity
clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment
Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.”
Pursuant to Federal Rule (C) above, when a Participating Public 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 prime
construction contracts in excess of $2,000 awarded by non-Federal entities 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 (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages
to laborers and mechanics at 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 the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the
Version February 24, 2023
acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to
the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-
Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors
and Subcontractors on Public Building or Public Work 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 Public 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 the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for 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 laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do
not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when a Participating Public 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 Public 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
“funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding agreement,” the recipient or
subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Public Agency, the offeror certifies
that during the term of an award for all contracts by Participating Public 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), as
amended—Contracts 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 Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).
Violations must 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.
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Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Public Agency, the offeror certifies
that during the term of an award for all contracts by Participating Public 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
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not
be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in
accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR
180 that implement 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
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Public Agency, the offeror certifies
that during the term of an award for all contracts by Participating Public 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 Public 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
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures 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 Public Agency, the offeror certifies
that during the term and after the awarded term of an award for all contracts by Participating Public 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 for on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any 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 a Federal contract, the making
of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of a 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 attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all covered
sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose
accordingly.
Does offeror agree? YES Initials of Authorized Representative of offeror
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Public Agency for any contract resulting from this procurement process,
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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 Public 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 Public 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
be obligated 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 CFR 661.7.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. This general waiver does not extend to a product or device that merely contains a microprocessor or
microcomputer and is not used 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 completed
Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier
subcontractors.
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 TRANSIT 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)
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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:
FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) -
BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS
CERTIFICATE 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:
OR
Certificate 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:
Does offeror agree? YES Initials of Authorized Representative of offeror
Offeror’s 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 COMPLIANCE WITH BUY AMERICAN PROVISIONS
Unless Supplier is exempt (See FAR 25.103), when authorized by statute or explicitly indicated by Participating Public
Agency, Buy American requirements will apply where only unmanufactured construction material mined or produced in the
United States shall be used (see Subpart 25.6 – American Recovery and Reinvestment Act-Buy American statute for
additional details).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Transit Administration funds, offeror certifies that its products comply
with the requirements of 49 U.S.C. 5323(j), 49 U.S.C. 5323(j)(1), and the applicable regulations of 49 CFR 661 and 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 Public 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.
Does offeror agree? YES Initials of Authorized Representative of offeror
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CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336
Offeror 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 offeror’s 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 offeror’s personnel for the purpose of interview and discussion relating to such documents.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror 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 offeror
Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable.
It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as
specifically noted above.
Offeror’s 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:
_____________________________
Version February 24, 2023
FEMA SPECIAL CONDITIONS
Awarded Supplier(s) 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 Special Conditions required by the Federal Emergency Management Agency
(FEMA).
“Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as
the “Master Agreement”.
“Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as
“Supplier” or “Awarded Supplier”.
Conflicts of Interest
No 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 would
arise 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,
NFE’s may 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 NFE’s 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
NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the
contract.
Contractor Integrity
A 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 Homeland Security’s
regulations 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 Government
In 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 Federal
Government emerges, the Contractor shall promptly notify the Participating Public Agency of the
legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.
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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 legal
disagreement 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 Policy
A 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 laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts
supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7
c. Applicable prevailing wage laws, regulations, and executive orders
Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
Bid Guarantee
For proposals that are to include construction/reconstruction/renovation and related services, bids must
be accompanied by Certified or Cashier’s Check or an approved Bid Bond in the amount of not less
than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing
the Executing Agent the authority to execute the bid bond documents and bind the surety to the bid
bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in the
state of the lead agency and authorized to underwrite bonds in the amount of the bid bond.
Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all
laws regarding 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 Requirements
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If 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 Clauses
1. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below
which 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 and
must provide for sanctions and penalties as appropriate.
1.1 Applicability
This 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.
1.2 Additional Considerations
For FEMA’s 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 the contract’s specified 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 year’s Notice of Funding Opportunity (NOFO) for additional information,
which can be accessed at FEMA.gov.
2. TERMINATION FOR CAUSE AND CONVENIENCE
a. Standard. All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity, including the manner by which it will be effected
and 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 agreement
programs.
3. EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet
the definition of “federally assisted construction contract” in 41 C.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 Relating
to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).
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b. Key Definitions.
i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-
1.3 defines a “federally assisted construction contract” as any agreement or
modification thereof between any applicant and a person for construction work which
is paid for in whole or in part with funds obtained from the Government or borrowed
on the credit of the Government pursuant to any Federal program involving a grant,
contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, or any
application or modification thereof approved by the Government for a grant, contract,
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 defines “construction work”
as the construction, rehabilitation, alteration, conversion, extension, demolition or
repair 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 agreement
programs.
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of
the 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 for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 setting
forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
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employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 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 Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor 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. The
contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions 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
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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 of
the 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 be
imposed 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
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 ACT
a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal
entities 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. Part
5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted 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 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.
b. Applicability. The Davis-Bacon Act applies to the Emergency Management Preparedness
Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant
Program.
c. Requirements. If applicable, the non-federal entity must do the following:
i. The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision
to award a contract 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.
ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the
Davis-Bacon Act, must also include a provision for compliance with the Copeland
“Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States). The Copeland Anti- Kickback 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
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part 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 (29
CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction”).
Suggested Language. The following provides a sample contract clause:
Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in
compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and
3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be
applicable. The contractor shall comply with 40 U.S.C. 3141-
3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as
applicable.
b. Contractors are required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor.
c. Additionally, contractors are required to pay wages not less than
once a week.
5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”).
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 FEMA
Public Assistance Program.
c. Requirements. If applicable, the non-federal entity must include a provision for compliance
with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department
of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States). 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 FEMA. Additionally, in accordance with the regulation,
each contractor and subcontractor must furnish each week a statement with respect to the
wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback
Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be
delivered by the contractor or subcontractor, within seven days after the regular payment
date of the payroll period, to a representative of a Federal or State agency in charge at the
site of the building or work.
Sample Language. The following provides a sample contract clause:
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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 any
subcontracts the clause above and such other clauses as FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
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 for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. §5.12.”
6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the
non-Federal entity in excess of $100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as
supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part
200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week
of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of
pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or
mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous, or dangerous.
b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal
entity in excess of $100,000 under grant and cooperative agreement programs that involve
the employment of mechanics or laborers. It is applicable to construction work. These
requirements do not apply to the purchase of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of
intelligence.
c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause
language concerning compliance with the Contract Work Hours and Safety Standards
Act. 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
the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
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(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (b)(1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
respect 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 sum
of
$27 for each calendar day on which such individual was required or permitted to work in
excess 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 or
loan/grant recipient shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R.
§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding
agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part
401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements), and any
implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).
b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply
to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance
Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case
Management Grant Program, and Federal Assistance to Individuals and Households –
Other Needs Assistance Grant Program, as FEMA awards under these programs do not
meet the definition of “funding agreement.”
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding
agreement” as any contract, grant, or cooperative agreement entered into between any
Federal agency, other than the Tennessee Valley Authority, and any contractor for the
performance of experimental, developmental, or research work funded in whole or in part
by the Federal government. This term also includes any assignment, substitution of
parties, or subcontract of any type entered into for the performance of experimental,
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developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
a. Standard. If applicable, contracts must contain a provision that requires the contractor to
agree to comply with all applicable standards, orders, or regulations issued pursuant to
the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act
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 of
amounts in excess of $150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.
Clean Air Act
1. The contractor agrees to comply with all applicable standards, orders or
regulations 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 Public
Agency and understands and agrees that the Participating Public Agency
will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA.
Federal Water Pollution Control Act
1. The contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
2. The contractor agrees to report each violation to the Participating Public
Agency and understands and agrees that the Participating Public Agency
will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA.
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9. DEBARMENT AND SUSPENSION
a. Standard. Non-Federal entities and contractors are 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 Homeland Security’s regulations at 2 C.F.R. Part
3000 (Non-procurement Debarment and Suspension).
b. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
c. Requirements.
i. These regulations restrict awards, subawards, and contracts with certain parties
that are debarred, suspended, or otherwise excluded from or ineligible for
participation 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 to
parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the
General Services Administration that contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared
ineligible 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, an “excluded” party cannot receive a Federal grant award or a contract
within the meaning of a “covered transaction,” to include subawards and
subcontracts. This includes parties that receive Federal funding indirectly, such
as contractors to recipients and subrecipients. The key to the exclusion is whether
there is a “covered transaction,” which is any non-procurement transaction
(unless excepted) at either a “primary” or “secondary” tier. Although “covered
transactions” do not include contracts awarded by the Federal Government for
purposes of the non-procurement common rule and DHS’s implementing
regulations, it does include some contracts awarded by recipients and
subrecipients.
iii. Specifically, a covered transaction includes the following contracts for goods or
services:
1. The contract is awarded by a recipient or subrecipient in the amount of at
least $25,000.
2. The contract requires the approval of FEMA, regardless of amount.
3. The contract is for federally-required audit services.
4. A subcontract is also a covered transaction if it is awarded by the
contractor of a recipient or subrecipient and requires either the approval of
FEMA or is in excess of $25,000.
d. Suggested Language. The following provides a debarment and suspension clause. It
incorporates an optional method of verifying that contractors are not excluded or
disqualified.
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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 none of the contractor’s
principals (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 2
C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000,
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 Participating
Public Agency. If it is later determined that the contractor did not comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to the Participating Public Agency, the Federal Government may pursue
available 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
throughout the period of any contract that may arise from this offer. The bidder or
proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
10. BYRD ANTI-LOBBYING AMENDMENT
a. Standard. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.
FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352
and provides, in Appendix A to Part 18, a copy of the certification that is required to be
completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the Federal
awarding agency.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement
programs. Contractors that apply or bid for a contract of $100,000 or more under a federal
grant 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 required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with
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obtaining 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 in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient who in turn will forward the certification(s) to the awarding
agency.
d. Required Certification. If applicable, contractors must sign and submit to the non-federal
entity the following certification.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The 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 the
undersigned, to any person for influencing or attempting to influence an officer or
employee 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 any
Federal 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, 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 attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all 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 the truthfulness 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 of Contractor’s Authorized Official
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Name and Title of Contractor’s Authorized Official
Date
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11. PROCUREMENT OF RECOVERED MATERIALS
a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision
of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part
200, Appendix II(J); and 2 C.F.R. § 200.322.
b. Applicability. This requirement applies to all contracts awarded by a non- federal entity
under FEMA grant and cooperative agreement programs.
c. Requirements. The requirements of Section 6002 include procuring only items
designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase 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 resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
d. Suggested Language.
i.
In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless
the product cannot be acquired—
1. Competitively within a timeframe providing for compliance with the contract performance
schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
ii. Information about this requirement, along with the list of EPA- designated items,
is available at EPA’s 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
Section 6002 of the Solid Waste Disposal Act.”
12. DOMESTIC PREFERENCES FOR PROCUREMENTS
As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent
practicable 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 for work or products a contract provision encouraging domestic preference
for procurements.
Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the
contractor should, to the greatest extent practicable, provide a preference for the purchase,
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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 the application of coatings,
occurred in the United States. Manufactured products mean items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.”
13. ACCESS TO RECORDS
a. Standard. All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and 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 the right to examine and copy, records, accounts, and other
documents and sources of information related to the federal financial assistance award
and permit access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable 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 from providing
reimbursement to any state, local, tribal, or territorial government, or private non-profit for
activities made pursuant to a contract that purports to prohibit audits or internal reviews
by the FEMA administrator 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, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records
of the Contractor which are directly pertinent to 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
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
iii. The Contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract.
iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public
Agency and the Contractor acknowledge and agree that no language in this
contract is intended to prohibit audits or internal reviews by the FEMA Administrator
or the Comptroller General of the United States.
14. CHANGES
a. Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant
or cooperative agreement, the cost of the change, modification, change order, or
constructive change must be allowable, allocable, within the scope of its grant or
cooperative agreement, and reasonable for the completion of project scope.
b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes
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clause in its contract 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 differ depending on the nature of the contract and the end-item
procured.
15. DHS SEAL, LOGO, AND FLAGS
a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests,
or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms
and Conditions: Version 8.1 (2018).
b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a
provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre-approval.
c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
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16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
a. 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 an
acknowledgement that FEMA financial assistance will be used to fund the contract along with
the requirement that the contractor will comply with all applicable Federal law, regulations,
executive orders, and FEMA policies, procedures, and directives.
c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a
portion of the contract. The contractor will comply with all applicable Federal law, regulations,
executive orders, FEMA policies, procedures, and directives.”
17. NO OBLIGATION BY FEDERAL GOVERNMENT
a. Standard. FEMA is not a party to any transaction between the recipient and its contractor.
FEMA is not 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
that states that the Federal Government is not a party to the contract and is not subject to any
obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
c. “The Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter
resulting from the contract.”
18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C.
§§ 3729-3733) which prohibits the submission of false or
fraudulent 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
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.
c. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions
section of this solicitation.
Offeror’s 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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FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT)
SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may be asked to provide products and services to
agencies following Federal Transit Administration and/or Department of Transportation requirements. By
submitting a response, the Supplier is accepting these FTA and DOT Special Conditions.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over
$2,000).
(1) The Participating Public Agency and contractor/vendor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the purchaser, contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify
the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over
$2,000)
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies, “49 CFR Part
31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the 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 the contractor to the extent the Federal Government deems appropriate.
(2) The contractor also acknowledges that if it makes, or causes to be 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.
§ 5323(l) on the contractor, to the extent the Federal Government deems appropriate.
(3) The contractor agrees to include the above two 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, except to
identify the subcontractor who will be subject to the provisions.
ACCESS TO RECORDS AND REPORTS
(1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete
and readily accessible records related in whole or in part to the contract, including, but not limited to, data,
documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party
agreements of any type, and supporting materials related to those records.
(2) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance
with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under
this Contract for a period of at not less than three (3) years after the date of termination or expiration of this
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Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract,
in which case records shall be maintained until the disposition of all such litigation, appeals, claims or
exceptions related thereto.
(3) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect
and audit records and information related to performance of this contract as reasonably may be required.
(4) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the
sites of performance under this contract as reasonably may be required.
FEDERAL CHANGES
(1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between Purchaser
and FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this Contract.
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of
not less than three (3) years after the date of termination or expiration of this Contract or any
extensions thereof except in the event of litigation or settlement of claims arising from the
performance of this Contract, in which case Contractor agrees to maintain same until Public
Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and
records with regard to the Project, and to audit the books, records, and accounts with regard
to the Project and to reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed for the purpose of audit and examination.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR
18.39 (i)(11).
CIVIL RIGHTS / TITLE VI REQUIREMENTS
The Participating Public Agency is an Equal Opportunity Employer. As such, the Participating Public Agency
agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from
inconsistent requirements imposed by Federal laws or regulations, the Participating Public Agency agrees to
comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA
to support procurements using exclusionary or discriminatory specifications.
Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include
these requirements in each subcontract entered into as part thereof.
(1) Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 20000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans
with disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the contractor agrees
that it will not discriminate against any employee or applicant for employment because of race, color, creed,
national origin, sex, age, or disability. In addition, the contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity – The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees
to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal
Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as
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amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e
note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, national origin, or
sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the
following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S.
Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in
Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in
Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit
law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
§ 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the
Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49
U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of
disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(3) The contractor also agrees to include these requirements in each subcontract financed whole or in part
with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
INCORPORATION OF FTA 4220.1F TERMS
(1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether
or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as
set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything
to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to
perform any act, or refuse to comply with any Participating Public Agency request, which would cause the
Participating Public Agency to be in violation of the FTA terms and conditions.
(2) Flow Down – The incorporation of FTA terms has unlimited flow down.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).
5) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by Contractor to carry out these requirements is a material breach of this Contract, which may
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result in the termination of this Contract or other such remedy as public agency deems appropriate.
Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph.
(See 49 CFR 26.13(b)).
6) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime
Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s
receipt of payment for that Work from public agency. In addition, Contractor is required to return any
retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work
related to this Contract is satisfactorily completed and any liens have been secured. Any delay or
postponement of payment from the above time frames may occur only for good cause following written
approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor
must promptly notify public agency whenever a DBE subcontractor performing Work related to this
Contract is terminated or fails to complete its Work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate
any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without
prior written consent of Participating Public Agency.
7) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with
public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum
practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set
for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its
subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize
DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as
amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.
The contractor shall not perform any act, fail to perform any act, or refuse to comply with any
Participating Public Agency request, which would cause the Participating Public Agency to be in
violation of the FTA terms and conditions.
2) Flow Down – The incorporation of FTA terms has unlimited flow down.
SUSPENSION AND DEBARMENT
The Contractor shall comply and facilitate compliance with U.S. DOT regulations,
“Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S.
Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government Wide Debarment and
Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of
$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract
amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract
amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to
participate in this federally funded contract and are not presently declared by any Federal department or
agency to be:
a) Debarred from participation in any federally assisted Award;
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b) Suspended from participation in any federally assisted Award;
c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;
e) Voluntarily excluded from participation in any federally assisted Award; or
f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later
determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to the AGENCY, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid
and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written
consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or
award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be
subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal
assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels. The contractor agrees:
1) To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent
such vessels are available at fair and reasonable rates for United States-Flag commercial vessels.
2) To furnish within 20 working days following the date of loading for shipments originating within the
United States or within 30 days following the date of loading for shipments originating outside the
United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each
shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington D.C. 20590 and the FTA recipient (through
the contractor in the case of a subcontractor’s bill-of lading).
3) To include these requirements in all subcontracts issued pursuant to the contract when the subcontract
may involve the transport of equipment, materials, or commodities by ocean vessel.
FLY AMERICA
Fly America Requirements:
1) Definitions. As used in this clause- “International air transportation” means transportation by air
between a place in the United States and a place outside the United States or between two places
both of which are outside the United States. “United States” means the 50 States, the District of
Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49
U.S.C. Chapter 411.
2) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients,
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and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of
personnel (and their personal effects) or property, to the extent that service by those carriers is
available. It requires the Comptroller General of the United States, in the absence of satisfactory proof
of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or
otherwise established for the account of the United States, for international air transportation secured
aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
3) If available, the contractor, in performing work under this contract, shall use U.S.-flag carriers for
international air transportation of personnel (and their personal effects) or property.
4) In the event that the contractor selects a carrier other than a U.S.-flag air carrier for international air
transportation, the contractor shall include a statement on vouchers involving such transportation
essentially as follows:
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier
was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See
FAR § 47.403.
Stated Reason(s):________________________________________________________
____________________________________________________________________
____________________________________________________________________
5) The contractor shall include the substance of this clause, including this paragraph, in each subcontract
or purchase under this contract that may involve international air transportation.
RECYCLED PRODUCTS
1) The Contractor agrees to provide a preference for those products and services that conserve natural
resources, protect the environment, and are energy efficient by complying with and facilitating
compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42
U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement
Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.
CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
When applicable:
1) Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards
architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and as amended by
MAP-21 23 U.S.C. § 517(d), note and follow the provisions of FTA Notice, “FTA National Architecture
Policy on Transit Projects,” 66 Fed. Reg.1455 et seq., January 8, 2001, and any other implementing
directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing.
ADA ACCESS
1) In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural
Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. §
5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
SAFE OPERATION OF MOTOR VEHICLES
1) Seat Belt Use - The Contractor is encouraged to adopt and promote on-the-job seat belt use policies
and programs for its employees and other personnel that operate company-owned vehicles, company-
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rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased”
refer to vehicles owned or leased either by the Contractor or Participating Public Agency.
2) Distracted Driver - The Contractor agrees to adopt and enforce workplace safety policies to decrease
crashes caused by distracted drivers, including policies to ban text messaging while using an electronic
device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor
owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the
work performed under this agreement.
PROMPT PAYMENT
1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactorily performed no
later than thirty (30) days from the date of the Prime Contractor’s receipt of each payment made by
the Participating Public Agency. Additionally, within thirty (30) days of satisfactory completion of all
work required of the Subcontractor, the Prime Contractor shall release any retainage payments
withheld to the Subcontractor.
FTA PROTEST NOTIFICATION
A protestant must exhaust all Participating Public Agency Procurement administrative procedures
and remedies before pursuing a protest with the FTA.
1) Any and all protests shall be in writing and shall be filed with the Purchasing Manager with the
Participating Public Agency. A protest relating to the process for determining the most responsive and
responsible contractor shall be filed within five (5) business days after the protestor knows or should
have known the basis of the determination. The Contract Officer shall respond to a protest within
fourteen (14) calendar days after the receipt of the protest. The Purchasing Manager may grant the
Contract Officer an extension for the response if warranted. A request for reconsideration of any and
all determinations by the Contract Officer shall be filed with the Purchasing Manager within seven (7)
calendar days after the receipt of the determination.
2) A protest shall include:
a. The name, address, and telephone number, including FAX number if available, of the
protestor;
b. The signature of the protestor or authorized representative;
c. Identification of the contract/solicitation;
d. A detailed statement of the legal and/or factual grounds of protest including copies and/or
citations of relevant documents, and;
e. The form of relief requested.
3) If any of the above information is omitted or incomplete, then the Protestor shall be notified, in writing,
within two (2) calendar days after that determination, and the Protestor shall have two (2) calendar
days in which to remedy the specified problem.
4) The Participating Public Agency will not make award prior to the resolution of a protest, or open bids
prior to resolution of a protest filed before bid opening unless the Purchasing Manager determines in
writing that it is in the best interests of the Participating Public Agency or in keeping with Item 7 of this
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procedure to do otherwise. Potential contractors will be advised of a pending protest if the protest is
filed before award.
5) The Purchasing Manager may allow for an informal conference on the merits of a protest with all
interested parties allowed to attend. Interested parties include all bidding contractors, and may also
include a subcontractor or supplier provided they have a substantial economic interest in a portion of
the IFB or RFP.
6) The Purchasing Manager shall respond "in writing", in detail, to each substantial issue raised in the
protest. The Purchasing Manager has the sole authority to make determinations for the Participating
Public Agency, and a determination shall be considered final when it is labeled as such. A request for
reconsideration will be allowed by the Purchasing Manager if he determines that data has become
available that was not previously known, or that there has been an error of law or regulation.
7) The Participating Public Agency may proceed with procurement when a protest is pending if the
Participating Public Agency determines that:
a. The items to be procured are urgently required;
b. Delivery or performance will be unduly delayed by failure to make the award promptly; or
c. Failure to make award will otherwise cause undue harm to the grantee for the Federal
Government.
8) FTA will only entertain a protest that alleges:
a. The Participating Public Agency failed to have or to adhere to its protest procedures, or failed
to review a complaint or protest; or
b. Violations of Federal law or regulation.
9) A protest to FTA must be filed in accordance with FTA Circular 4220.1F, available from the Contract
Officer. Specifically, protestors shall file a protest with FTA Region 9 or FTA Headquarters Office no
later than five (5) days after a final decision is rendered under the Participating Public Agency's protest
procedure. In instances where the protestor alleges that the Participating Public Agency failed to make
a final determination on the protest, protestors shall file a protest with FTA not later than five (5)
calendar days after the protester knew or should have known of the grantee's failure to render a final
determination on the protest.
A protest filed with FTA shall:
a. Include the name and address of the protestor.
b. Identify the grantee, project number, and the number of the contract solicitation.
c. Contain a statement of the grounds for protest and any supporting documentation. This
should detail the alleged failure to have or adhere to protest procedures, failure to review a
complaint or protest; or Violation of Federal law or regulation.
Include a copy of the local protest filed with the grantee and a copy of the grantee's decision,
if any.
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Exhibit G
New Jersey Business Compliance
NEW JERSEY BUSINESS COMPLIANCE
Suppliers 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 the following forms specific to the State of New Jersey. Completed forms should be
submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet
will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New
Jersey.
DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Disclosure of Investment Activities in Iran, Russia and Belarus
DOC #7 New Jersey Business Registration Certificate
DOC #8 EEOAA Evidence
DOC #9 MacBride Principals Form
New 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; and
• Bid and Performance Security, as required by the applicable municipal or state statutes.
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DOC #1
STATEMENT OF OWNERSHIP DISCLOSURE
N.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 bid or proposal.
Name of Organization:_____________________________________________________
Organization Address:_____________________________________________________
Part I Check 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)
Partnership Limited Partnership Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
Part II
The 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 who own a 10 percent or greater interest therein, as the case may
be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
No 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):
Name of Individual or Business Home Address (for Individuals) or Business Address
Entity
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Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If 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) containing the last annual SEC (or foreign equivalent) filing Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10
percent or 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 to N.J.S.A. 52:25-24.2 has been listed. Attach
additional sheets if more space is needed.
Stockholder/Partner/Member and Home Address (for Individuals) or Business Address
Corresponding Entity Listed in Part II
Part IV Certification
I, 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 I am 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
Title:
(Print):
Signature: Date:
DOC #2
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NON-COLLUSION AFFIDAVIT
STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form: NON-COLLUSION AFFIDAVIT
No specific statutory reference
Statutory Reference:
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference: Statutory and Other Requirements VII-H
The Owner’s use of this form is optional. It is used to
ensure that the bidder has not participated in any collusion
Description: with any other bidder or Owner representative or otherwise
taken any action in restraint of free and competitive
bidding.
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NON-COLLUSION AFFIDAVIT
State of New Jersey
County 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 bid
entitled ______________________________, 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 and in this affidavit are true and correct, and made with full
knowledge that the ______________ _________________________relies 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 or selling agencies maintained by
_________________________________________________.
Subscribed and sworn to
before me this day _____________________________
Signature
________________, 2____
___________________________________
(Type or print name of affiant under signature)
_____________________________
Notary public of
My Commission expires _______________
(Seal)
Version February 24, 2023
DOC #3
AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name:
Street:
City, State, Zip Code:
Proposal Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s
proposal 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);
OR
2. A photocopy of a Certificate of Employee Information Report approval, issued in
accordance with N.J.A.C. 17:27-4;
OR
3. 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 Work – Over $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 Plan – certificate enclosed
I 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 February 24, 2023
DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During 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 the statutes 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 February 24, 2023
DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows
are instructions on the use of form local units can provide to contractors that are required to disclose political contributions
pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local
Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these
instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open”
process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be
submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents
or in an appropriate computer file and be available for public access. The form is worded to accept this alternate
submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public
agencies, including all public agencies that have elected officials in the county of the public agency, state legislative
positions, and various state entities. The Division of Local Government Services recommends that contractors be
provided a list of the affected agencies. This will assist contractors in determining the campaign and political
committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County
PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent
the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.
These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the
Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed
on the back of the form; where that is not the case, the text should be edited accordingly.
f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used
as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the
local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed
on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice
2006-7 for additional information on this obligation at
http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package
and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to
Boards of Education.
Version February 24, 2023
DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-
20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions
to:
• any State, county, or municipal committee of a political party
• any legislative leadership committee*
• any continuing political committee (a.k.a., political action committee)
• any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located
o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of
any legislative district which includes all or part of the county
The 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 for more 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:
• individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity
or 10% of the stock in the case of a business entity that is a corporation for profit
• all principals, partners, officers, or directors of the business entity or their spouses
• any subsidiaries directly or indirectly controlled by the business entity
• IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity
and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing
therewith, shall be deemed to be a contribution by the business entity.” [N.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. It is the
contractor’s 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 the contractor’s submission and is disclosable to the
public under the Open 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): “The 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-10.1) for the purpose of receiving contributions and making
expenditures.”
Version February 24, 2023
DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
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.
Part I – Vendor Information
Vendor Name:
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 Title
Part II – Contribution Disclosure
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 the committees of the government entities listed on the form provided by the local
unit.
Check here if disclosure is provided in electronic form
Contributor Name Recipient Name Date Dollar Amount
$
Check here if the information is continued on subsequent page(s)
Version February 24, 2023
DOC #4, continued
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County 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} Surrogate
Municipalities (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.
Version February 24, 2023
DOC #5
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders
holding 10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of
the undersigned.
Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Subscribed and sworn before me this ___ day of _________________________________
___________, 2__. (Affiant)
(Notary Public) ________________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
Version February 24, 2023
DOC #6
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN, RUSSIA AND BELARUS
N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) and N.J.S.A. 52:32-60.1
Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) and N.J.S.A. 52:32-60.1 any
person or entity that submits a bid or proposal or otherwise proposes to enter into or 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 the Treasury’s Chapter 25 List as a person or entity engaged in investment
activities in Iran, Russia or Belarus. The Chapter 25 list is found on the Division’s website at
https://www.state.nj.us/treasury/purchase/. Vendors/Bidders must review this list prior to completing the
below certification. If the Qualified Purchasing Agent of the Atlantic County Utilities Authority finds a person
or entity to be in violation of the law, 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 BOX
I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), and N.J.S.A. 52:32-60.1 that neither the Vendor/Bidder
listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List of
entities determined to be engaged in prohibited activities in Iran, Russia or Belarus.
OR
I 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
Jersey Department of the Treasury’s Chapter 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 Activities
Duration of Engagement
Anticipated Cessation Date
Attach Additional Sheets If Necessary.
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 ACUA 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
ACUA to notify the Qualified Purchasing Agent 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 will be subject to criminal prosecution under the law, and it will constitute a material
breach of my agreement(s) with the ACUA, I am permitting the ACUA to declare any contract(s) resulting
from this certification void and unenforceable.
Printed Name of Authorized Agent Signature of Authorized Agent
Title Date
Company Name
Version February 24, 2023
DOC #7
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/
Version February 24, 2023
DOC #8
EEOAA EVIDENCE
Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects
EEO/AA Evidence
Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17:27 in order to be considered a responsible vendor.
One of the following must be included with submission:
• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-1 Report
See the guidelines at:
https://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa.pd
f for further information.
I certify that my bid package includes the required evidence per the above list and
State website.
Name: ______________________________ Title: _____________________
Signature: ___________________________ Date: _____________________
DOC #9
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
MACBRIDE PRINCIPALS FORM
BID SOLICITATION #: VENDOR/BIDDER: _____________________
VENDOR’S/BIDDER’S REQUIREMENT
TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS
AND NORTHERN IRELAND ACT OF 1989
Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director
of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, 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
principals 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 principals 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 Kingdom’s Fair Employment (Northern Ireland)
Act of 1989, and permit independent monitoring of its compliance with those principals.
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, 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/Bidder 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 will be subject to criminal prosecution under the law, and it will constitute a material breach of my
agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be
void and unenforceable.
Signature Date
Print Name and Title
Version February 24, 2023
Exhibit H
Advertising Compliance Requirement
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.210,
Chapter 279A.220, and other related provisions, the following public agencies and political subdivisions of the
referenced public agencies are eligible to register with OMNIA Partners and access the Master Agreement contract
award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for
purposes of complying with the procedural requirements of said statutes:
Nationwide:
State of Alabama State of Hawaii Commonwealth of State of New Mexico State of South
Massachusetts Dakota
State of Alaska State of Idaho State of Michigan State of New York State of
Tennessee
State of Arizona State of Illinois State of Minnesota State of North State of Texas
Carolina
State of State of Indiana State of Mississippi State of North State of Utah
Arkansas Dakota
State of State of Iowa State of Missouri State of Ohio State of
California Vermont
State of Colorado State of Kansas State of Montana State of Oklahoma Commonwealth
of Virginia
State of Commonwealth State of Nebraska State of Oregon State of
Connecticut of Kentucky Washington
State of State of State of Nevada Commonwealth of State of West
Delaware Louisiana Pennsylvania Virginia
State of Florida State of Maine State of New State of Rhode State of
Hampshire Island Wisconsin
State of Georgia State of State of New State of South State of
Maryland Jersey Carolina Wyoming
District of
Columbia
Lists of political subdivisions and local governments in the above referenced states / districts may be found at
http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments.
Certain Public Agencies and Political Subdivisions:
Version February 24, 2023
CITY OF SHREVEPORT, LA
CITIES, TOWNS, VILLAGES AND BOROUGHS CITY OF SILVERTON, OR
INCLUDING BUT NOT LIMITED TO: CITY OF SPRINGFIELD, OR
BAKER CITY GOLF COURSE, OR CITY OF ST. HELENS, OR
CITY OF ADAIR VILLAGE, OR CITY OF ST. PAUL, OR
CITY OF ASHLAND, OR CITY OF SULPHUR, LA
CITY OF AUMSVILLE, OR CITY OF TIGARD, OR
CITY OF AURORA, OR CITY OF TROUTDALE, OR
CITY OF BAKER, OR CITY OF TUALATIN, OR
CITY OF BATON ROUGE, LA CITY OF WALKER, LA
CITY OF BEAVERTON, OR CITY OF WARRENTON, OR
CITY OF BEND, OR CITY OF WEST LINN, OR
CITY OF BOARDMAN, OR CITY OF WILSONVILLE, OR
CITY OF BONANAZA, OR CITY OF WINSTON, OR
CITY OF BOSSIER CITY, LA CITY OF WOODBURN, OR
CITY OF BROOKINGS, OR LEAGUE OF OREGON CITES
CITY OF BURNS, OR THE CITY OF HAPPY VALLEY OREGON
CITY OF CANBY, OR ALPINE, UT
CITY OF CANYONVILLE, OR ALTA, UT
CITY OF CLATSKANIE, OR ALTAMONT, UT
CITY OF COBURG, OR ALTON, UT
CITY OF CONDON, OR AMALGA, UT
CITY OF COQUILLE, OR AMERICAN FORK CITY, UT
CITY OF CORVALLI, OR ANNABELLA, UT
CITY OF CORVALLIS PARKS AND RECREATION ANTIMONY, UT
DEPARTMENT, OR APPLE VALLEY, UT
CITY OF COTTAGE GROVE, OR AURORA, UT
CITY OF DONALD, OR BALLARD, UT
CITY OF EUGENE, OR BEAR RIVER CITY, UT
CITY OF FOREST GROVE, OR BEAVER, UT
CITY OF GOLD HILL, OR BICKNELL, UT
CITY OF GRANTS PASS, OR BIG WATER, UT
CITY OF GRESHAM, OR BLANDING, UT
CITY OF HILLSBORO, OR BLUFFDALE, UT
CITY OF INDEPENDENCE, OR BOULDER, UT
CITY AND COUNTY OF HONOLULU, HI CITY OF BOUNTIFUL, UT
CITY OF KENNER, LA BRIAN HEAD, UT
CITY OF LA GRANDE, OR BRIGHAM CITY CORPORATION, UT
CITY OF LAFAYETTE, LA BRYCE CANYON CITY, UT
CITY OF LAKE CHARLES, OR CANNONVILLE, UT
CITY OF LEBANON, OR CASTLE DALE, UT
CITY OF MCMINNVILLE, OR CASTLE VALLEY, UT
CITY OF MEDFORD, OR CITY OF CEDAR CITY, UT
CITY OF METAIRIE, LA CEDAR FORT, UT
CITY OF MILL CITY, OR CITY OF CEDAR HILLS, UT
CITY OF MILWAUKIE, OR CENTERFIELD, UT
CITY OF MONROE, LA CENTERVILLE CITY CORPORATION, UT
CITY OF MOSIER, OR CENTRAL VALLEY, UT
CITY OF NEW ORLEANS, LA CHARLESTON, UT
CITY OF NORTH PLAINS, OR CIRCLEVILLE, UT
CITY OF OREGON CITY, OR CLARKSTON, UT
CITY OF PILOT ROCK, OR CLAWSON, UT
CITY OF PORTLAND, OR CLEARFIELD, UT
CITY OF POWERS, OR CLEVELAND, UT
CITY OF PRINEVILLE, OR CLINTON CITY CORPORATION, UT
CITY OF REDMOND, OR COALVILLE, UT
CITY OF REEDSPORT, OR CORINNE, UT
CITY OF RIDDLE, OR CORNISH, UT
CITY OF ROGUE RIVER, OR COTTONWOOD HEIGHTS, UT
CITY OF ROSEBURG, OR DANIEL, UT
CITY OF SALEM, OR DELTA, UT
CITY OF SANDY, OR DEWEYVILLE, UT
CITY OF SCAPPOOSE, OR DRAPER CITY, UT
CITY OF SHADY COVE, OR DUCHESNE, UT
CITY OF SHERWOOD, OR EAGLE MOUNTAIN, UT
Version February 24, 2023
EAST CARBON, UT LA VERKIN, UT
ELK RIDGE, UT LAYTON, UT
ELMO, UT LEAMINGTON, UT
ELSINORE, UT LEEDS, UT
ELWOOD, UT LEHI CITY CORPORATION, UT
EMERY, UT LEVAN, UT
ENOCH, UT LEWISTON, UT
ENTERPRISE, UT LINDON, UT
EPHRAIM, UT LOA, UT
ESCALANTE, UT LOGAN CITY, UT
EUREKA, UT LYMAN, UT
FAIRFIELD, UT LYNNDYL, UT
FAIRVIEW, UT MANILA, UT
FARMINGTON, UT MANTI, UT
FARR WEST, UT MANTUA, UT
FAYETTE, UT MAPLETON, UT
FERRON, UT MARRIOTT-SLATERVILLE, UT
FIELDING, UT MARYSVALE, UT
FILLMORE, UT MAYFIELD, UT
FOUNTAIN GREEN, UT MEADOW, UT
FRANCIS, UT MENDON, UT
FRUIT HEIGHTS, UT MIDVALE CITY INC., UT
GARDEN CITY, UT MIDWAY, UT
GARLAND, UT MILFORD, UT
GENOLA, UT MILLVILLE, UT
GLENDALE, UT MINERSVILLE, UT
GLENWOOD, UT MOAB, UT
GOSHEN, UT MONA, UT
GRANTSVILLE, UT MONROE, UT
GREEN RIVER, UT CITY OF MONTICELLO, UT
GUNNISON, UT MORGAN, UT
HANKSVILLE, UT MORONI, UT
HARRISVILLE, UT MOUNT PLEASANT, UT
HATCH, UT MURRAY CITY CORPORATION, UT
HEBER CITY CORPORATION, UT MYTON, UT
HELPER, UT NAPLES, UT
HENEFER, UT NEPHI, UT
HENRIEVILLE, UT NEW HARMONY, UT
HERRIMAN, UT NEWTON, UT
HIDEOUT, UT NIBLEY, UT
HIGHLAND, UT NORTH LOGAN, UT
HILDALE, UT NORTH OGDEN, UT
HINCKLEY, UT NORTH SALT LAKE CITY, UT
HOLDEN, UT OAK CITY, UT
HOLLADAY, UT OAKLEY, UT
HONEYVILLE, UT OGDEN CITY CORPORATION, UT
HOOPER, UT OPHIR, UT
HOWELL, UT ORANGEVILLE, UT
HUNTINGTON, UT ORDERVILLE, UT
HUNTSVILLE, UT OREM, UT
CITY OF HURRICANE, UT PANGUITCH, UT
HYDE PARK, UT PARADISE, UT
HYRUM, UT PARAGONAH, UT
INDEPENDENCE, UT PARK CITY, UT
IVINS, UT PAROWAN, UT
JOSEPH, UT PAYSON, UT
JUNCTION, UT PERRY, UT
KAMAS, UT PLAIN CITY, UT
KANAB, UT PLEASANT GROVE CITY, UT
KANARRAVILLE, UT PLEASANT VIEW, UT
KANOSH, UT PLYMOUTH, UT
KAYSVILLE, UT PORTAGE, UT
KINGSTON, UT PRICE, UT
KOOSHAREM, UT PROVIDENCE, UT
LAKETOWN, UT PROVO, UT
Version February 24, 2023
RANDOLPH, UT WOODRUFF, UT
REDMOND, UT WOODS CROSS, UT
RICHFIELD, UT
RICHMOND, UT COUNTIES AND PARISHES INCLUDING BUT
RIVERDALE, UT NOT LIMITED TO:
RIVER HEIGHTS, UT ASCENSION PARISH, LA
RIVERTON CITY, UT ASCENSION PARISH, LA, CLEAR OF COURT
ROCKVILLE, UT CADDO PARISH, LA
ROCKY RIDGE, UT CALCASIEU PARISH, LA
ROOSEVELT CITY CORPORATION, UT CALCASIEU PARISH SHERIFF’S OFFICE, LA
ROY, UT CITY AND COUNTY OF HONOLULU, HI
RUSH VALLEY, UT CLACKAMAS COUNTY, OR
CITY OF ST. GEORGE, UT CLACKAMAS COUNTY DEPT OF
SALEM, UT TRANSPORTATION, OR
SALINA, UT CLATSOP COUNTY, OR
SALT LAKE CITY CORPORATION, UT COLUMBIA COUNTY, OR
SANDY, UT COOS COUNTY, OR
SANTA CLARA, UT COOS COUNTY HIGHWAY DEPARTMENT, OR
SANTAQUIN, UT COUNTY OF HAWAII, OR
SARATOGA SPRINGS, UT CROOK COUNTY, OR
SCIPIO, UT CROOK COUNTY ROAD DEPARTMENT, OR
SCOFIELD, UT CURRY COUNTY, OR
SIGURD, UT DESCHUTES COUNTY, OR
SMITHFIELD, UT DOUGLAS COUNTY, OR
SNOWVILLE, UT EAST BATON ROUGE PARISH, LA
CITY OF SOUTH JORDAN, UT GILLIAM COUNTY, OR
SOUTH OGDEN, UT GRANT COUNTY, OR
CITY OF SOUTH SALT LAKE, UT HARNEY COUNTY, OR
SOUTH WEBER, UT HARNEY COUNTY SHERIFFS OFFICE, OR
SPANISH FORK, UT HAWAII COUNTY, HI
SPRING CITY, UT HOOD RIVER COUNTY, OR
SPRINGDALE, UT JACKSON COUNTY, OR
SPRINGVILLE, UT JEFFERSON COUNTY, OR
STERLING, UT JEFFERSON PARISH, LA
STOCKTON, UT JOSEPHINE COUNTY GOVERNMENT, OR
SUNNYSIDE, UT LAFAYETTE CONSOLIDATED GOVERNMENT, LA
SUNSET CITY CORP, UT LAFAYETTE PARISH, LA
SYRACUSE, UT LAFAYETTE PARISH CONVENTION & VISITORS
TABIONA, UT COMMISSION
CITY OF TAYLORSVILLE, UT LAFOURCHE PARISH, LA
TOOELE CITY CORPORATION, UT KAUAI COUNTY, HI
TOQUERVILLE, UT KLAMATH COUNTY, OR
TORREY, UT LAKE COUNTY, OR
TREMONTON CITY, UT LANE COUNTY, OR
TRENTON, UT LINCOLN COUNTY, OR
TROPIC, UT LINN COUNTY, OR
UINTAH, UT LIVINGSTON PARISH, LA
VERNAL CITY, UT MALHEUR COUNTY, OR
VERNON, UT MAUI COUNTY, HI
VINEYARD, UT MARION COUNTY, SALEM, OR
VIRGIN, UT MORROW COUNTY, OR
WALES, UT MULTNOMAH COUNTY, OR
WALLSBURG, UT MULTNOMAH COUNTY BUSINESS AND
WASHINGTON CITY, UT COMMUNITY SERVICES, OR
WASHINGTON TERRACE, UT MULTNOMAH COUNTY SHERIFFS OFFICE, OR
WELLINGTON, UT MULTNOMAH LAW LIBRARY, OR
WELLSVILLE, UT ORLEANS PARISH, LA
WENDOVER, UT PLAQUEMINES PARISH, LA
WEST BOUNTIFUL, UT POLK COUNTY, OR
WEST HAVEN, UT RAPIDES PARISH, LA
WEST JORDAN, UT SAINT CHARLES PARISH, LA
WEST POINT, UT SAINT CHARLES PARISH PUBLIC SCHOOLS, LA
WEST VALLEY CITY, UT SAINT LANDRY PARISH, LA
WILLARD, UT SAINT TAMMANY PARISH, LA
WOODLAND HILLS, UT SHERMAN COUNTY, OR
Version February 24, 2023
TERREBONNE PARISH, LA APPLE ROGUE DISTRICT IMPROVEMENT
TILLAMOOK COUNTY, OR COMPANY, OR
TILLAMOOK COUNTY SHERIFF'S OFFICE, OR APPLEGATE VALLEY R.F.P.D. #9, OR
TILLAMOOK COUNTY GENERAL HOSPITAL, OR ARCH CAPE DOMESTIC WATER SUPPLY
UMATILLA COUNTY, OR DISTRICT, OR
UNION COUNTY, OR ARCH CAPE SANITARY DISTRICT, OR
WALLOWA COUNTY, OR ARNOLD IRRIGATION DISTRICT, OR
WASCO COUNTY, OR ASH CREEK WATER CONTROL DISTRICT, OR
WASHINGTON COUNTY, OR ATHENA CEMETERY MAINTENANCE DISTRICT,
WEST BATON ROUGE PARISH, LA OR
WHEELER COUNTY, OR AUMSVILLE R.F.P.D., OR
YAMHILL COUNTY, OR AURORA R.F.P.D., OR
COUNTY OF BOX ELDER, UT AZALEA R.F.P.D., OR
COUNTY OF CACHE, UT BADGER IMPROVEMENT DISTRICT, OR
COUNTY OF RICH, UT BAILEY-SPENCER R.F.P.D., OR
COUNTY OF WEBER, UT BAKER COUNTY LIBRARY DISTRICT, OR
COUNTY OF MORGAN, UT BAKER R.F.P.D., OR
COUNTY OF DAVIS, UT BAKER RIVERTON ROAD DISTRICT, OR
COUNTY OF SUMMIT, UT BAKER VALLEY IRRIGATION DISTRICT, OR
COUNTY OF DAGGETT, UT BAKER VALLEY S.W.C.D., OR
COUNTY OF SALT LAKE, UT BAKER VALLEY VECTOR CONTROL DISTRICT,
COUNTY OF TOOELE, UT OR
COUNTY OF UTAH, UT BANDON CRANBERRY WATER CONTROL
COUNTY OF WASATCH, UT DISTRICT, OR
COUNTY OF DUCHESNE, UT BANDON R.F.P.D., OR
COUNTY OF UINTAH, UT BANKS FIRE DISTRICT, OR
COUNTY OF CARBON, UT BANKS FIRE DISTRICT #13, OR
COUNTY OF SANPETE, UT BAR L RANCH ROAD DISTRICT, OR
COUNTY OF JUAB, UT BARLOW WATER IMPROVEMENT DISTRICT, OR
COUNTY OF MILLARD, UT BASIN AMBULANCE SERVICE DISTRICT, OR
COUNTY OF SEVIER, UT BASIN TRANSIT SERVICE TRANSPORTATION
COUNTY OF EMERY, UT DISTRICT, OR
COUNTY OF GRAND, UT BATON ROUGE WATER COMPANY
COUNTY OF BEVER, UT BAY AREA HEALTH DISTRICT, OR
COUNTY OF PIUTE, UT BAYSHORE SPECIAL ROAD DISTRICT, OR
COUNTY OF WAYNE, UT BEAR VALLEY SPECIAL ROAD DISTRICT, OR
COUNTY OF SAN JUAN, UT BEAVER CREEK WATER CONTROL DISTRICT,
COUNTY OF GARFIELD, UT OR
COUNTY OF KANE, UT BEAVER DRAINAGE IMPROVEMENT COMPANY,
COUNTY OF IRON, UT INC., OR
COUNTY OF WASHINGTON, UT BEAVER SLOUGH DRAINAGE DISTRICT, OR
BEAVER SPECIAL ROAD DISTRICT, OR
OTHER AGENCIES INCLUDING ASSOCIATIONS, BEAVER WATER DISTRICT, OR
BOARDS, DISTRICTS, COMMISSIONS, BELLE MER S.I.G.L. TRACTS SPECIAL ROAD
COUNCILS, PUBLIC CORPORATIONS, PUBLIC DISTRICT, OR
DEVELOPMENT AUTHORITIES, RESERVATIONS BEND METRO PARK AND RECREATION
AND UTILITIES INCLUDING BUT NOT LIMITED DISTRICT
TO: BENTON S.W.C.D., OR
ADAIR R.F.P.D., OR BERNDT SUBDIVISION WATER IMPROVEMENT
ADEL WATER IMPROVEMENT DISTRICT, OR DISTRICT, OR
ADRIAN R.F.P.D., OR BEVERLY BEACH WATER DISTRICT, OR
AGNESS COMMUNITY LIBRARY, OR BIENVILLE PARISH FIRE PROTECTION
AGNESS-ILLAHE R.F.P.D., OR DISTRICT 6, LA
AGRICULTURE EDUCATION SERVICE BIG BEND IRRIGATION DISTRICT, OR
EXTENSION DISTRICT, OR BIGGS SERVICE DISTRICT, OR
ALDER CREEK-BARLOW WATER DISTRICT NO. BLACK BUTTE RANCH DEPARTMENT OF
29, OR POLICE SERVICES, OR
ALFALFA FIRE DISTRICT, OR BLACK BUTTE RANCH R.F.P.D., OR
ALSEA R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR
ALSEA RIVIERA WATER IMPROVEMENT BLODGETT-SUMMIT R.F.P.D., OR
DISTRICT, OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR
AMITY FIRE DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR
ANTELOPE MEADOWS SPECIAL ROAD BLUE RIVER PARK & RECREATION DISTRICT,
DISTRICT, OR OR
BLUE RIVER WATER DISTRICT, OR
Version February 24, 2023
BLY R.F.P.D., OR CHETCO COMMUNITY PUBLIC LIBRARY
BLY VECTOR CONTROL DISTRICT, OR DISTRICT, OR
BLY WATER AND SANITARY DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR
BOARDMAN CEMETERY MAINTENANCE CHILOQUIN-AGENCY LAKE R.F.P.D., OR
DISTRICT, OR CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR
BOARDMAN PARK AND RECREATION DISTRICT CHR DISTRICT IMPROVEMENT COMPANY, OR
BOARDMAN R.F.P.D., OR CHRISTMAS VALLEY DOMESTIC WATER
BONANZA BIG SPRINGS PARK & RECREATION DISTRICT, OR
DISTRICT, OR CHRISTMAS VALLEY PARK & RECREATION
BONANZA MEMORIAL PARK CEMETERY DISTRICT, OR
DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR
BONANZA R.F.P.D., OR CITY OF BOGALUSA SCHOOL BOARD, LA
BONANZA-LANGELL VALLEY VECTOR CLACKAMAS COUNTY FIRE DISTRICT #1, OR
CONTROL DISTRICT, OR CLACKAMAS COUNTY SERVICE DISTRICT #1,
BORING WATER DISTRICT #24, OR OR
BOULDER CREEK RETREAT SPECIAL ROAD CLACKAMAS COUNTY VECTOR CONTROL
DISTRICT, OR DISTRICT, OR
BRIDGE R.F.P.D., OR CLACKAMAS RIVER WATER
BROOKS COMMUNITY SERVICE DISTRICT, OR CLACKAMAS RIVER WATER, OR
BROWNSVILLE R.F.P.D., OR CLACKAMAS S.W.C.D., OR
BUELL-RED PRAIRIE WATER DISTRICT, OR CLATSKANIE DRAINAGE IMPROVEMENT
BUNKER HILL R.F.P.D. #1, OR COMPANY, OR
BUNKER HILL SANITARY DISTRICT, OR CLATSKANIE LIBRARY DISTRICT, OR
BURLINGTON WATER DISTRICT, OR CLATSKANIE P.U.D., OR
BURNT RIVER IRRIGATION DISTRICT, OR CLATSKANIE PARK & RECREATION DISTRICT,
BURNT RIVER S.W.C.D., OR OR
CALAPOOIA R.F.P.D., OR CLATSKANIE PEOPLE'S UTILITY DISTRICT
CAMAS VALLEY R.F.P.D., OR CLATSKANIE R.F.P.D., OR
CAMELLIA PARK SANITARY DISTRICT, OR CLATSOP CARE CENTER HEALTH DISTRICT,
CAMMANN ROAD DISTRICT, OR OR
CAMP SHERMAN ROAD DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR
CANBY AREA TRANSIT, OR CLATSOP DRAINAGE IMPROVEMENT
CANBY R.F.P.D. #62, OR COMPANY #15, INC., OR
CANBY UTILITY BOARD, OR CLEAN WATER SERVICES
CANNON BEACH R.F.P.D., OR CLEAN WATER SERVICES, OR
CANYONVILLE SOUTH UMPQUA FIRE CLOVERDALE R.F.P.D., OR
DISTRICT, OR CLOVERDALE SANITARY DISTRICT, OR
CAPE FERRELO R.F.P.D., OR CLOVERDALE WATER DISTRICT, OR
CAPE FOULWEATHER SANITARY DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR
CARLSON PRIMROSE SPECIAL ROAD COBURG FIRE DISTRICT, OR
DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR
CARMEL BEACH WATER DISTRICT, OR COLTON R.F.P.D., OR
CASCADE VIEW ESTATES TRACT 2, OR COLTON WATER DISTRICT #11, OR
CEDAR CREST SPECIAL ROAD DISTRICT, OR COLUMBIA 911 COMMUNICATIONS DISTRICT,
CEDAR TRAILS SPECIAL ROAD DISTRICT, OR OR
CEDAR VALLEY - NORTH BANK R.F.P.D., OR COLUMBIA COUNTY 4-H & EXTENSION
CENTRAL CASCADES FIRE AND EMS, OR SERVICE DISTRICT, OR
CENTRAL CITY ECONOMIC OPPORTUNITY COLUMBIA DRAINAGE VECTOR CONTROL, OR
CORP, LA COLUMBIA IMPROVEMENT DISTRICT, OR
CENTRAL LINCOLN P.U.D., OR COLUMBIA R.F.P.D., OR
CENTRAL OREGON COAST FIRE & RESCUE COLUMBIA RIVER FIRE & RESCUE, OR
DISTRICT, OR COLUMBIA RIVER PUD, OR
CENTRAL OREGON INTERGOVERNMENTAL COLUMBIA S.W.C.D., OR
COUNCIL COLUMBIA S.W.C.D., OR
CENTRAL OREGON IRRIGATION DISTRICT, OR CONFEDERATED TRIBES OF THE UMATILLA
CHAPARRAL WATER CONTROL DISTRICT, OR INDIAN RESERVATION
CHARLESTON FIRE DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR
CHARLESTON SANITARY DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR
CHARLOTTE ANN WATER DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE
CHEHALEM PARK & RECREATION DISTRICT, DISTRICT, OR
OR COOS COUNTY AREA TRANSIT SERVICE
CHEHALEM PARK AND RECREATION DISTRICT DISTRICT, OR
CHEMULT R.F.P.D., OR COOS FOREST PROTECTIVE ASSOCIATION
CHENOWITH WATER P.U.D., OR COOS S.W.C.D., OR
CHERRIOTS, OR COQUILLE R.F.P.D., OR
Version February 24, 2023
COQUILLE VALLEY HOSPITAL DISTRICT, OR DRAKES CROSSING R.F.P.D., OR
CORBETT WATER DISTRICT, OR DRRH SPECIAL ROAD DISTRICT #6, OR
CORNELIUS R.F.P.D., OR DRY GULCH DITCH DISTRICT IMPROVEMENT
CORP RANCH ROAD WATER IMPROVEMENT, COMPANY, OR
OR DUFUR RECREATION DISTRICT, OR
CORVALLIS R.F.P.D., OR DUMBECK LANE DOMESTIC WATER SUPPLY,
COUNTRY CLUB ESTATES SPECIAL WATER OR
DISTRICT, OR DUNDEE R.F.P.D., OR
COUNTRY CLUB WATER DISTRICT, OR DURKEE COMMUNITY BUILDING
COUNTRY ESTATES ROAD DISTRICT, OR PRESERVATION DISTRICT, OR
COVE CEMETERY MAINTENANCE DISTRICT, EAGLE POINT IRRIGATION DISTRICT, OR
OR EAGLE VALLEY CEMETERY MAINTENANCE
COVE ORCHARD SEWER SERVICE DISTRICT, DISTRICT, OR
OR EAGLE VALLEY R.F.P.D., OR
COVE R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR
CRESCENT R.F.P.D., OR EAST FORK IRRIGATION DISTRICT, OR
CRESCENT SANITARY DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR
CRESCENT WATER SUPPLY AND EAST SALEM SERVICE DISTRICT, OR
IMPROVEMENT DISTRICT, OR EAST UMATILLA CHEMICAL CONTROL
CROOK COUNTY AGRICULTURE EXTENSION DISTRICT, OR
SERVICE DISTRICT, OR EAST UMATILLA COUNTY AMBULANCE AREA
CROOK COUNTY CEMETERY DISTRICT, OR HEALTH DISTRICT, OR
CROOK COUNTY FIRE AND RESCUE, OR EAST UMATILLA COUNTY R.F.P.D., OR
CROOK COUNTY PARKS & RECREATION EAST VALLEY WATER DISTRICT, OR
DISTRICT, OR ELGIN COMMUNITY PARKS & RECREATION
CROOK COUNTY S.W.C.D., OR DISTRICT, OR
CROOK COUNTY VECTOR CONTROL DISTRICT, ELGIN HEALTH DISTRICT, OR
OR ELGIN R.F.P.D., OR
CROOKED RIVER RANCH R.F.P.D., OR ELKTON ESTATES PHASE II SPECIAL ROAD
CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, OR
DISTRICT, OR ELKTON R.F.P.D., OR
CRYSTAL SPRINGS WATER DISTRICT, OR EMERALD P.U.D., OR
CURRY COUNTY 4-H & EXTENSION SERVICE ENTERPRISE IRRIGATION DISTRICT, OR
DISTRICT, OR ESTACADA CEMETERY MAINTENANCE
CURRY COUNTY PUBLIC TRANSIT SERVICE DISTRICT, OR
DISTRICT, OR ESTACADA R.F.P.D. #69, OR
CURRY COUNTY S.W.C.D., OR EUGENE R.F.P.D. # 1, OR
CURRY HEALTH DISTRICT, OR EUGENE WATER AND ELECTRIC BOARD
CURRY PUBLIC LIBRARY DISTRICT, OR EVANS VALLEY FIRE DISTRICT #6, OR
DALLAS CEMETERY DISTRICT #4, OR FAIR OAKS R.F.P.D., OR
DARLEY DRIVE SPECIAL ROAD DISTRICT, OR FAIRVIEW R.F.P.D., OR
DAVID CROCKETT STEAM FIRE COMPANY #1, FAIRVIEW WATER DISTRICT, OR
LA FALCON HEIGHTS WATER AND SEWER, OR
DAYS CREEK R.F.P.D., OR FALCON-COVE BEACH WATER DISTRICT, OR
DAYTON FIRE DISTRICT, OR FALL RIVER ESTATES SPECIAL ROAD
DEAN MINARD WATER DISTRICT, OR DISTRICT, OR
DEE IRRIGATION DISTRICT, OR FARGO INTERCHANGE SERVICE DISTRICT, OR
DEER ISLAND DRAINAGE IMPROVEMENT FARMERS IRRIGATION DISTRICT, OR
COMPANY, OR FAT ELK DRAINAGE DISTRICT, OR
DELL BROGAN CEMETERY MAINTENANCE FERN RIDGE PUBLIC LIBRARY DISTRICT, OR
DISTRICT, OR FERN VALLEY ESTATES IMPROVEMENT
DEPOE BAY R.F.P.D., OR DISTRICT, OR
DESCHUTES COUNTY 911 SERVICE DISTRICT, FOR FAR ROAD DISTRICT, OR
OR FOREST GROVE R.F.P.D., OR
DESCHUTES COUNTY R.F.P.D. #2, OR FOREST VIEW SPECIAL ROAD DISTRICT, OR
DESCHUTES PUBLIC LIBRARY DISTRICT, OR FORT ROCK-SILVER LAKE S.W.C.D., OR
DESCHUTES S.W.C.D., OR FOUR RIVERS VECTOR CONTROL DISTRICT,
DESCHUTES VALLEY WATER DISTRICT, OR OR
DEVILS LAKE WATER IMPROVEMENT FOX CEMETERY MAINTENANCE DISTRICT, OR
DISTRICT, OR GARDINER R.F.P.D., OR
DEXTER R.F.P.D., OR GARDINER SANITARY DISTRICT, OR
DEXTER SANITARY DISTRICT, OR GARIBALDI R.F.P.D., OR
DORA-SITKUM R.F.P.D., OR GASTON R.F.P.D., OR
DOUGLAS COUNTY FIRE DISTRICT #2, OR GATES R.F.P.D., OR
DOUGLAS S.W.C.D., OR GEARHART R.F.P.D., OR
Version February 24, 2023
GILLIAM S.W.C.D., OR HIGH DESERT PARK & RECREATION DISTRICT,
GLENDALE AMBULANCE DISTRICT, OR OR
GLENDALE R.F.P.D., OR HIGHLAND SUBDIVISION WATER DISTRICT, OR
GLENEDEN BEACH SPECIAL ROAD DISTRICT, HONOLULU INTERNATIONAL AIRPORT
OR HOOD RIVER COUNTY LIBRARY DISTRICT, OR
GLENEDEN SANITARY DISTRICT, OR HOOD RIVER COUNTY TRANSPORTATION
GLENWOOD WATER DISTRICT, OR DISTRICT, OR
GLIDE - IDLEYLD SANITARY DISTRICT, OR HOOD RIVER S.W.C.D., OR
GLIDE R.F.P.D., OR HOOD RIVER VALLEY PARKS & RECREATION
GOLD BEACH - WEDDERBURN R.F.P.D., OR DISTRICT, OR
GOLD HILL IRRIGATION DISTRICT, OR HOODLAND FIRE DISTRICT #74
GOLDFINCH ROAD DISTRICT, OR HOODLAND FIRE DISTRICT #74, OR
GOSHEN R.F.P.D., OR HORSEFLY IRRIGATION DISTRICT, OR
GOVERNMENT CAMP ROAD DISTRICT, OR HOSKINS-KINGS VALLEY R.F.P.D., OR
GOVERNMENT CAMP SANITARY DISTRICT, OR HOUSING AUTHORITY OF PORTLAND
GRAND PRAIRIE WATER CONTROL DISTRICT, HUBBARD R.F.P.D., OR
OR HUDSON BAY DISTRICT IMPROVEMENT
GRAND RONDE SANITARY DISTRICT, OR COMPANY, OR
GRANT COUNTY TRANSPORTATION DISTRICT, I N (KAY) YOUNG DITCH DISTRICT
OR IMPROVEMENT COMPANY, OR
GRANT S.W.C.D., OR ICE FOUNTAIN WATER DISTRICT, OR
GRANTS PASS IRRIGATION DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR
GREATER BOWEN VALLEY R.F.P.D., OR IDANHA-DETROIT RURAL FIRE PROTECTION
GREATER ST. HELENS PARK & RECREATION DISTRICT, OR
DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT
GREATER TOLEDO POOL RECREATION ILLINOIS VALLEY R.F.P.D., OR
DISTRICT, OR ILLINOIS VALLEY S.W.C.D., OR
GREEN KNOLLS SPECIAL ROAD DISTRICT, OR IMBLER R.F.P.D., OR
GREEN SANITARY DISTRICT, OR INTERLACHEN WATER P.U.D., OR
GREENACRES R.F.P.D., OR IONE LIBRARY DISTRICT, OR
GREENBERRY IRRIGATION DISTRICT, OR IONE R.F.P.D. #6-604, OR
GREENSPRINGS RURAL FIRE DISTRICT, OR IRONSIDE CEMETERY MAINTENANCE
HAHLEN ROAD SPECIAL DISTRICT, OR DISTRICT, OR
HAINES CEMETERY MAINTENANCE DISTRICT, IRONSIDE RURAL ROAD DISTRICT #5, OR
OR IRRIGON PARK & RECREATION DISTRICT, OR
HAINES FIRE PROTECTION DISTRICT, OR IRRIGON R.F.P.D., OR
HALSEY-SHEDD R.F.P.D., OR ISLAND CITY AREA SANITATION DISTRICT, OR
HAMLET R.F.P.D., OR ISLAND CITY CEMETERY MAINTENANCE
HARBOR R.F.P.D., OR DISTRICT, OR
HARBOR SANITARY DISTRICT, OR JACK PINE VILLAGE SPECIAL ROAD DISTRICT,
HARBOR WATER P.U.D., OR OR
HARNEY COUNTY HEALTH DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #3, OR
HARNEY S.W.C.D., OR JACKSON COUNTY FIRE DISTRICT #4, OR
HARPER SOUTH SIDE IRRIGATION DISTRICT, JACKSON COUNTY FIRE DISTRICT #5, OR
OR JACKSON COUNTY LIBRARY DISTRICT, OR
HARRISBURG FIRE AND RESCUE, OR JACKSON COUNTY VECTOR CONTROL
HAUSER R.F.P.D., OR DISTRICT, OR
HAZELDELL RURAL FIRE DISTRICT, OR JACKSON S.W.C.D., OR
HEBO JOINT WATER-SANITARY AUTHORITY, JASPER KNOLLS WATER DISTRICT, OR
OR JEFFERSON COUNTY EMERGENCY MEDICAL
HECETA WATER P.U.D., OR SERVICE DISTRICT, OR
HELIX CEMETERY MAINTENANCE DISTRICT #4, JEFFERSON COUNTY FIRE DISTRICT #1, OR
OR JEFFERSON COUNTY LIBRARY DISTRICT, OR
HELIX PARK & RECREATION DISTRICT, OR JEFFERSON COUNTY S.W.C.D., OR
HELIX R.F.P.D. #7-411, OR JEFFERSON PARK & RECREATION DISTRICT,
HEPPNER CEMETERY MAINTENANCE OR
DISTRICT, OR JEFFERSON R.F.P.D., OR
HEPPNER R.F.P.D., OR JOB'S DRAINAGE DISTRICT, OR
HEPPNER WATER CONTROL DISTRICT, OR JOHN DAY WATER DISTRICT, OR
HEREFORD COMMUNITY HALL RECREATION JOHN DAY-CANYON CITY PARKS &
DISTRICT, OR RECREATION DISTRICT, OR
HERMISTON CEMETERY DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR
HERMISTON IRRIGATION DISTRICT, OR JORDAN VALLEY CEMETERY DISTRICT, OR
HIDDEN VALLEY MOBILE ESTATES JORDAN VALLEY IRRIGATION DISTRICT, OR
IMPROVEMENT DISTRICT, OR
Version February 24, 2023
JOSEPHINE COMMUNITY LIBRARY DISTRICT, LAKE COUNTY 4-H & EXTENSION SERVICE
OR DISTRICT, OR
JOSEPHINE COUNTY 4-H & EXTENSION LAKE COUNTY LIBRARY DISTRICT, OR
SERVICE DISTRICT, OR LAKE CREEK R.F.P.D. - JACKSON, OR
JOSEPHINE COUNTY 911 AGENCY, OR LAKE CREEK R.F.P.D. - LANE COUNTY, OR
JUNCTION CITY R.F.P.D., OR LAKE DISTRICT HOSPITAL, OR
JUNCTION CITY WATER CONTROL DISTRICT, LAKE GROVE R.F.P.D. NO. 57, OR
OR LAKE GROVE WATER DISTRICT, OR
JUNIPER BUTTE ROAD DISTRICT, OR LAKE LABISH WATER CONTROL DISTRICT, OR
JUNIPER CANYON WATER CONTROL DISTRICT, LAKE POINT SPECIAL ROAD DISTRICT, OR
OR LAKESIDE R.F.P.D. #4, OR
JUNIPER FLAT DISTRICT IMPROVEMENT LAKESIDE WATER DISTRICT, OR
COMPANY, OR LAKEVIEW R.F.P.D., OR
JUNIPER FLAT R.F.P.D., OR LAKEVIEW S.W.C.D., OR
JUNO NONPROFIT WATER IMPROVEMENT LAMONTAI IMPROVEMENT DISTRICT, OR
DISTRICT, OR LANE FIRE AUTHORITY, OR
KEATING R.F.P.D., OR LANE LIBRARY DISTRICT, OR
KEATING S.W.C.D., OR LANE TRANSIT DISTRICT, OR
KEIZER R.F.P.D., OR LANGELL VALLEY IRRIGATION DISTRICT, OR
KELLOGG RURAL FIRE DISTRICT, OR LANGLOIS PUBLIC LIBRARY, OR
KENO IRRIGATION DISTRICT, OR LANGLOIS R.F.P.D., OR
KENO PINES ROAD DISTRICT, OR LANGLOIS WATER DISTRICT, OR
KENO R.F.P.D., OR LAZY RIVER SPECIAL ROAD DISTRICT, OR
KENT WATER DISTRICT, OR LEBANON AQUATIC DISTRICT, OR
KERBY WATER DISTRICT, OR LEBANON R.F.P.D., OR
K-GB-LB WATER DISTRICT, OR LEWIS & CLARK R.F.P.D., OR
KILCHIS WATER DISTRICT, OR LINCOLN COUNTY LIBRARY DISTRICT, OR
KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, LINCOLN S.W.C.D., OR
OR LINN COUNTY EMERGENCY TELEPHONE
KLAMATH BASIN IMPROVEMENT DISTRICT, OR AGENCY, OR
KLAMATH COUNTY DRAINAGE SERVICE LINN S.W.C.D., OR
DISTRICT, OR LITTLE MUDDY CREEK WATER CONTROL, OR
KLAMATH COUNTY EXTENSION SERVICE LITTLE NESTUCCA DRAINAGE DISTRICT, OR
DISTRICT, OR LITTLE SWITZERLAND SPECIAL ROAD
KLAMATH COUNTY FIRE DISTRICT #1, OR DISTRICT, OR
KLAMATH COUNTY FIRE DISTRICT #3, OR LONE PINE IRRIGATION DISTRICT, OR
KLAMATH COUNTY FIRE DISTRICT #4, OR LONG PRAIRIE WATER DISTRICT, OR
KLAMATH COUNTY FIRE DISTRICT #5, OR LOOKINGGLASS OLALLA WATER CONTROL
KLAMATH COUNTY LIBRARY SERVICE DISTRICT, OR
DISTRICT, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR
KLAMATH COUNTY PREDATORY ANIMAL LORANE R.F.P.D., OR
CONTROL DISTRICT, OR LOST & BOULDER DITCH IMPROVEMENT
KLAMATH DRAINAGE DISTRICT, OR DISTRICT, OR
KLAMATH FALLS FOREST ESTATES SPECIAL LOST CREEK PARK SPECIAL ROAD DISTRICT,
ROAD DISTRICT UNIT #2, OR OR
KLAMATH INTEROPERABILITY RADIO GROUP, LOUISIANA PUBLIC SERVICE COMMISSION, LA
OR LOUISIANA WATER WORKS
KLAMATH IRRIGATION DISTRICT, OR LOWELL R.F.P.D., OR
KLAMATH RIVER ACRES SPECIAL ROAD LOWER MCKAY CREEK R.F.P.D., OR
DISTRICT, OR LOWER MCKAY CREEK WATER CONTROL
KLAMATH S.W.C.D., OR DISTRICT, OR
KLAMATH VECTOR CONTROL DISTRICT, OR LOWER POWDER RIVER IRRIGATION DISTRICT,
KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR OR
LA GRANDE CEMETERY MAINTENANCE LOWER SILETZ WATER DISTRICT, OR
DISTRICT, OR LOWER UMPQUA HOSPITAL DISTRICT, OR
LA GRANDE R.F.P.D., OR LOWER UMPQUA PARK & RECREATION
LA PINE PARK & RECREATION DISTRICT, OR DISTRICT, OR
LA PINE R.F.P.D., OR LOWER VALLEY WATER IMPROVEMENT
LABISH VILLAGE SEWAGE & DRAINAGE, OR DISTRICT, OR
LACOMB IRRIGATION DISTRICT, OR LUCE LONG DITCH DISTRICT IMPROVEMENT
LAFAYETTE AIRPORT COMMISSION, LA CO., OR
LAFOURCHE PARISH HEALTH UNIT – DHH-OPH LUSTED WATER DISTRICT, OR
REGION 3 LYONS R.F.P.D., OR
LAIDLAW WATER DISTRICT, OR LYONS-MEHAMA WATER DISTRICT, OR
LAKE CHINOOK FIRE & RESCUE, OR MADRAS AQUATIC CENTER DISTRICT, OR
Version February 24, 2023
MAKAI SPECIAL ROAD DISTRICT, OR MILTON-FREEWATER WATER CONTROL
MALHEUR COUNTY S.W.C.D., OR DISTRICT, OR
MALHEUR COUNTY VECTOR CONTROL MIROCO SPECIAL ROAD DISTRICT, OR
DISTRICT, OR MIST-BIRKENFELD R.F.P.D., OR
MALHEUR DISTRICT IMPROVEMENT COMPANY, MODOC POINT IRRIGATION DISTRICT, OR
OR MODOC POINT SANITARY DISTRICT, OR
MALHEUR DRAINAGE DISTRICT, OR MOHAWK VALLEY R.F.P.D., OR
MALHEUR MEMORIAL HEALTH DISTRICT, OR MOLALLA AQUATIC DISTRICT, OR
MALIN COMMUNITY CEMETERY MAINTENANCE MOLALLA R.F.P.D. #73, OR
DISTRICT, OR MONITOR R.F.P.D., OR
MALIN COMMUNITY PARK & RECREATION MONROE R.F.P.D., OR
DISTRICT, OR MONUMENT CEMETERY MAINTENANCE
MALIN IRRIGATION DISTRICT, OR DISTRICT, OR
MALIN R.F.P.D., OR MONUMENT S.W.C.D., OR
MAPLETON FIRE DEPARTMENT, OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR
MAPLETON WATER DISTRICT, OR MORO R.F.P.D., OR
MARCOLA WATER DISTRICT, OR MORROW COUNTY HEALTH DISTRICT, OR
MARION COUNTY EXTENSION & 4H SERVICE MORROW COUNTY UNIFIED RECREATION
DISTRICT, OR DISTRICT, OR
MARION COUNTY FIRE DISTRICT #1, OR MORROW S.W.C.D., OR
MARION JACK IMPROVEMENT DISTRICT, OR MOSIER FIRE DISTRICT, OR
MARION S.W.C.D., OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT,
MARY'S RIVER ESTATES ROAD DISTRICT, OR OR
MCDONALD FOREST ESTATES SPECIAL ROAD MT. ANGEL R.F.P.D., OR
DISTRICT, OR MT. HOOD IRRIGATION DISTRICT, OR
MCKAY ACRES IMPROVEMENT DISTRICT, OR MT. LAKI CEMETERY DISTRICT, OR
MCKAY DAM R.F.P.D. # 7-410, OR MT. VERNON R.F.P.D., OR
MCKENZIE FIRE & RESCUE, OR MULINO WATER DISTRICT #1, OR
MCKENZIE PALISADES WATER SUPPLY MULTNOMAH COUNTY DRAINAGE DISTRICT #1,
CORPORATION, OR OR
MCMINNVILLE R.F.P.D., OR MULTNOMAH COUNTY R.F.P.D. #10, OR
MCNULTY WATER P.U.D., OR MULTNOMAH COUNTY R.F.P.D. #14, OR
MEADOWS DRAINAGE DISTRICT, OR MULTNOMAH EDUCATION SERVICE DISTRICT
MEDFORD IRRIGATION DISTRICT, OR MYRTLE CREEK R.F.P.D., OR
MEDFORD R.F.P.D. #2, OR NEAH-KAH-NIE WATER DISTRICT, OR
MEDFORD WATER COMMISSION NEDONNA R.F.P.D., OR
MEDICAL SPRINGS R.F.P.D., OR NEHALEM BAY FIRE AND RESCUE, OR
MELHEUR COUNTY JAIL, OR NEHALEM BAY HEALTH DISTRICT, OR
MERLIN COMMUNITY PARK DISTRICT, OR NEHALEM BAY WASTEWATER AGENCY, OR
MERRILL CEMETERY MAINTENANCE DISTRICT, NESIKA BEACH-OPHIR WATER DISTRICT, OR
OR NESKOWIN REGIONAL SANITARY AUTHORITY,
MERRILL PARK DISTRICT, OR OR
MERRILL R.F.P.D., OR NESKOWIN REGIONAL WATER DISTRICT, OR
METRO REGIONAL GOVERNMENT NESTUCCA R.F.P.D., OR
METRO REGIONAL PARKS NETARTS WATER DISTRICT, OR
METROPOLITAN EXPOSITION RECREATION NETARTS-OCEANSIDE R.F.P.D., OR
COMMISSION NETARTS-OCEANSIDE SANITARY DISTRICT, OR
METROPOLITAN SERVICE DISTRICT (METRO) NEW BRIDGE WATER SUPPLY DISTRICT, OR
MID COUNTY CEMETERY MAINTENANCE NEW CARLTON FIRE DISTRICT, OR
DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY,
MID-COLUMBIA FIRE AND RESCUE, OR LA
MIDDLE FORK IRRIGATION DISTRICT, OR NEW PINE CREEK R.F.P.D., OR
MIDLAND COMMUNITY PARK, OR NEWBERG R.F.P.D., OR
MIDLAND DRAINAGE IMPROVEMENT DISTRICT, NEWBERRY ESTATES SPECIAL ROAD
OR DISTRICT, OR
MILES CROSSING SANITARY SEWER DISTRICT, NEWPORT R.F.P.D., OR
OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT
MILL CITY R.F.P.D. #2-303, OR COMPANY, OR
MILL FOUR DRAINAGE DISTRICT, OR NORTH ALBANY R.F.P.D., OR
MILLICOMA RIVER PARK & RECREATION NORTH BAY R.F.P.D. #9, OR
DISTRICT, OR NORTH CLACKAMAS PARKS & RECREATION
MILLINGTON R.F.P.D. #5, OR DISTRICT, OR
MILO VOLUNTEER FIRE DEPARTMENT, OR NORTH COUNTY RECREATION DISTRICT, OR
MILTON-FREEWATER AMBULANCE SERVICE NORTH DOUGLAS COUNTY FIRE & EMS, OR
AREA HEALTH DISTRICT, OR
Version February 24, 2023
NORTH DOUGLAS PARK & RECREATION PANORAMIC ACCESS SPECIAL ROAD
DISTRICT, OR DISTRICT, OR
NORTH GILLIAM COUNTY HEALTH DISTRICT, PANTHER CREEK ROAD DISTRICT, OR
OR PANTHER CREEK WATER DISTRICT, OR
NORTH GILLIAM COUNTY R.F.P.D., OR PARKDALE R.F.P.D., OR
NORTH LAKE HEALTH DISTRICT, OR PARKDALE SANITARY DISTRICT, OR
NORTH LEBANON WATER CONTROL DISTRICT, PENINSULA DRAINAGE DISTRICT #1, OR
OR PENINSULA DRAINAGE DISTRICT #2, OR
NORTH LINCOLN FIRE & RESCUE DISTRICT #1, PHILOMATH FIRE AND RESCUE, OR
OR PILOT ROCK CEMETERY MAINTENANCE
NORTH LINCOLN HEALTH DISTRICT, OR DISTRICT #5, OR
NORTH MORROW VECTOR CONTROL PILOT ROCK PARK & RECREATION DISTRICT,
DISTRICT, OR OR
NORTH SHERMAN COUNTY R.F.P.D, OR PILOT ROCK R.F.P.D., OR
NORTH UNIT IRRIGATION DISTRICT, OR PINE EAGLE HEALTH DISTRICT, OR
NORTHEAST OREGON HOUSING AUTHORITY, PINE FLAT DISTRICT IMPROVEMENT
OR COMPANY, OR
NORTHEAST WHEELER COUNTY HEALTH PINE GROVE IRRIGATION DISTRICT, OR
DISTRICT, OR PINE GROVE WATER DISTRICT-KLAMATH
NORTHERN WASCO COUNTY P.U.D., OR FALLS, OR
NORTHERN WASCO COUNTY PARK & PINE GROVE WATER DISTRICT-MAUPIN, OR
RECREATION DISTRICT, OR PINE VALLEY CEMETERY DISTRICT, OR
NYE DITCH USERS DISTRICT IMPROVEMENT, PINE VALLEY R.F.P.D., OR
OR PINEWOOD COUNTRY ESTATES SPECIAL
NYSSA ROAD ASSESSMENT DISTRICT #2, OR ROAD DISTRICT, OR
NYSSA RURAL FIRE DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY,
NYSSA-ARCADIA DRAINAGE DISTRICT, OR OR
OAK LODGE WATER SERVICES, OR PISTOL RIVER CEMETERY MAINTENANCE
OAKLAND R.F.P.D., OR DISTRICT, OR
OAKVILLE COMMUNITY CENTER, OR PISTOL RIVER FIRE DISTRICT, OR
OCEANSIDE WATER DISTRICT, OR PLEASANT HILL R.F.P.D., OR
OCHOCO IRRIGATION DISTRICT, OR PLEASANT HOME WATER DISTRICT, OR
OCHOCO WEST WATER AND SANITARY POCAHONTAS MINING AND IRRIGATION
AUTHORITY, OR DISTRICT, OR
ODELL SANITARY DISTRICT, OR POE VALLEY IMPROVEMENT DISTRICT, OR
OLD OWYHEE DITCH IMPROVEMENT DISTRICT, POE VALLEY PARK & RECREATION DISTRICT,
OR OR
OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, POE VALLEY VECTOR CONTROL DISTRICT, OR
OR POLK COUNTY FIRE DISTRICT #1, OR
ONTARIO LIBRARY DISTRICT, OR POLK S.W.C.D., OR
ONTARIO R.F.P.D., OR POMPADOUR WATER IMPROVEMENT
OPHIR R.F.P.D., OR DISTRICT, OR
OREGON COAST COMMUNITY ACTION PONDEROSA PINES EAST SPECIAL ROAD
OREGON HOUSING AND COMMUNITY DISTRICT, OR
SERVICES PORT OF ALSEA, OR
OREGON INTERNATIONAL PORT OF COOS PORT OF ARLINGTON, OR
BAY, OR PORT OF ASTORIA, OR
OREGON LEGISLATIVE ADMINISTRATION PORT OF BANDON, OR
OREGON OUTBACK R.F.P.D., OR PORT OF BRANDON, OR
OREGON POINT, OR PORT OF BROOKINGS HARBOR, OR
OREGON TRAIL LIBRARY DISTRICT, OR PORT OF CASCADE LOCKS, OR
OTTER ROCK WATER DISTRICT, OR PORT OF COQUILLE RIVER, OR
OWW UNIT #2 SANITARY DISTRICT, OR PORT OF GARIBALDI, OR
OWYHEE CEMETERY MAINTENANCE DISTRICT, PORT OF GOLD BEACH, OR
OR PORT OF HOOD RIVER, OR
OWYHEE IRRIGATION DISTRICT, OR PORT OF MORGAN CITY, LA
PACIFIC CITY JOINT WATER-SANITARY PORT OF MORROW, OR
AUTHORITY, OR PORT OF NEHALEM, OR
PACIFIC COMMUNITIES HEALTH DISTRICT, OR PORT OF NEWPORT, OR
PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, PORT OF PORT ORFORD, OR
OR PORT OF PORTLAND, OR
PALATINE HILL WATER DISTRICT, OR PORT OF SIUSLAW, OR
PALMER CREEK WATER DISTRICT PORT OF ST. HELENS, OR
IMPROVEMENT COMPANY, OR PORT OF THE DALLES, OR
PORT OF TILLAMOOK BAY, OR
Version February 24, 2023
PORT OF TOLEDO, OR ROGUE RIVER VALLEY IRRIGATION DISTRICT,
PORT OF UMATILLA, OR OR
PORT OF UMPQUA, OR ROGUE VALLEY SEWER SERVICES, OR
PORT ORFORD CEMETERY MAINTENANCE ROGUE VALLEY SEWER, OR
DISTRICT, OR ROGUE VALLEY TRANSPORTATION DISTRICT,
PORT ORFORD PUBLIC LIBRARY DISTRICT, OR OR
PORT ORFORD R.F.P.D., OR ROSEBURG URBAN SANITARY AUTHORITY, OR
PORTLAND DEVELOPMENT COMMISSION, OR ROSEWOOD ESTATES ROAD DISTRICT, OR
PORTLAND FIRE AND RESCUE ROW RIVER VALLEY WATER DISTRICT, OR
PORTLAND HOUSING CENTER, OR RURAL ROAD ASSESSMENT DISTRICT #3, OR
POWDER R.F.P.D., OR RURAL ROAD ASSESSMENT DISTRICT #4, OR
POWDER RIVER R.F.P.D., OR SAINT LANDRY PARISH TOURIST COMMISSION
POWDER VALLEY WATER CONTROL DISTRICT, SAINT MARY PARISH REC DISTRICT 2
OR SAINT MARY PARISH REC DISTRICT 3
POWERS HEALTH DISTRICT, OR SAINT TAMMANY FIRE DISTRICT 4, LA
PRAIRIE CEMETERY MAINTENANCE DISTRICT, SALEM AREA MASS TRANSIT DISTRICT, OR
OR SALEM MASS TRANSIT DISTRICT
PRINEVILLE LAKE ACRES SPECIAL ROAD SALEM SUBURBAN R.F.P.D., OR
DISTRICT #1, OR SALISHAN SANITARY DISTRICT, OR
PROSPECT R.F.P.D., OR SALMON RIVER PARK SPECIAL ROAD
QUAIL VALLEY PARK IMPROVEMENT DISTRICT, DISTRICT, OR
OR SALMON RIVER PARK WATER IMPROVEMENT
QUEENER IRRIGATION IMPROVEMENT DISTRICT, OR
DISTRICT, OR SALMONBERRY TRAIL INTERGOVERNMENTAL
RAINBOW WATER DISTRICT, OR AGENCY, OR
RAINIER CEMETERY DISTRICT, OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT,
RAINIER DRAINAGE IMPROVEMENT COMPANY, OR
OR SANDY DRAINAGE IMPROVEMENT COMPANY,
RALEIGH WATER DISTRICT, OR OR
REDMOND AREA PARK & RECREATION SANDY R.F.P.D. #72, OR
DISTRICT, OR SANTA CLARA R.F.P.D., OR
REDMOND FIRE AND RESCUE, OR SANTA CLARA WATER DISTRICT, OR
RIDDLE FIRE PROTECTION DISTRICT, OR SANTIAM WATER CONTROL DISTRICT, OR
RIDGEWOOD DISTRICT IMPROVEMENT SAUVIE ISLAND DRAINAGE IMPROVEMENT
COMPANY, OR COMPANY, OR
RIDGEWOOD ROAD DISTRICT, OR SAUVIE ISLAND VOLUNTEER FIRE DISTRICT
RIETH SANITARY DISTRICT, OR #30J, OR
RIETH WATER DISTRICT, OR SCAPPOOSE DRAINAGE IMPROVEMENT
RIMROCK WEST IMPROVEMENT DISTRICT, OR COMPANY, OR
RINK CREEK WATER DISTRICT, OR SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR
RIVER BEND ESTATES SPECIAL ROAD SCAPPOOSE R.F.P.D., OR
DISTRICT, OR SCIO R.F.P.D., OR
RIVER FOREST ACRES SPECIAL ROAD SCOTTSBURG R.F.P.D., OR
DISTRICT, OR SEAL ROCK R.F.P.D., OR
RIVER MEADOWS IMPROVEMENT DISTRICT, SEAL ROCK WATER DISTRICT, OR
OR SEWERAGE AND WATER BOARD OF NEW
RIVER PINES ESTATES SPECIAL ROAD ORLEANS, LA
DISTRICT, OR SHANGRI-LA WATER DISTRICT, OR
RIVER ROAD PARK & RECREATION DISTRICT, SHASTA VIEW IRRIGATION DISTRICT, OR
OR SHELLEY ROAD CREST ACRES WATER
RIVER ROAD WATER DISTRICT, OR DISTRICT, OR
RIVERBEND RIVERBANK WATER SHERIDAN FIRE DISTRICT, OR
IMPROVEMENT DISTRICT, OR SHERMAN COUNTY HEALTH DISTRICT, OR
RIVERDALE R.F.P.D. 11-JT, OR SHERMAN COUNTY S.W.C.D., OR
RIVERGROVE WATER DISTRICT, OR SHORELINE SANITARY DISTRICT, OR
RIVERSIDE MISSION WATER CONTROL SILETZ KEYS SANITARY DISTRICT, OR
DISTRICT, OR SILETZ R.F.P.D., OR
RIVERSIDE R.F.P.D. #7-406, OR SILVER FALLS LIBRARY DISTRICT, OR
RIVERSIDE WATER DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR
ROBERTS CREEK WATER DISTRICT, OR SILVER LAKE R.F.P.D., OR
ROCK CREEK DISTRICT IMPROVEMENT, OR SILVER SANDS SPECIAL ROAD DISTRICT, OR
ROCK CREEK WATER DISTRICT, OR SILVERTON R.F.P.D. NO. 2, OR
ROCKWOOD WATER P.U.D., OR SISTERS PARKS & RECREATION DISTRICT, OR
ROCKY POINT FIRE & EMS, OR SISTERS-CAMP SHERMAN R.F.P.D., OR
ROGUE RIVER R.F.P.D., OR SIUSLAW PUBLIC LIBRARY DISTRICT, OR
Version February 24, 2023
SIUSLAW S.W.C.D., OR SUTHERLIN VALLEY RECREATION DISTRICT,
SIUSLAW VALLEY FIRE AND RESCUE, OR OR
SIXES R.F.P.D., OR SUTHERLIN WATER CONTROL DISTRICT, OR
SKIPANON WATER CONTROL DISTRICT, OR SWALLEY IRRIGATION DISTRICT, OR
SKYLINE VIEW DISTRICT IMPROVEMENT SWEET HOME CEMETERY MAINTENANCE
COMPANY, OR DISTRICT, OR
SLEEPY HOLLOW WATER DISTRICT, OR SWEET HOME FIRE & AMBULANCE DISTRICT,
SMITH DITCH DISTRICT IMPROVEMENT OR
COMPANY, OR SWISSHOME-DEADWOOD R.F.P.D., OR
SOUTH CLACKAMAS TRANSPORTATION TABLE ROCK DISTRICT IMPROVEMENT
DISTRICT, OR COMPANY, OR
SOUTH COUNTY HEALTH DISTRICT, OR TALENT IRRIGATION DISTRICT, OR
SOUTH FORK WATER BOARD, OR TANGENT R.F.P.D., OR
SOUTH GILLIAM COUNTY CEMETERY TENMILE R.F.P.D., OR
DISTRICT, OR TERREBONNE DOMESTIC WATER DISTRICT,
SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR
OR THE DALLES IRRIGATION DISTRICT, OR
SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR THOMAS CREEK-WESTSIDE R.F.P.D., OR
SOUTH LAFOURCHE LEVEE DISTRICT, LA THREE RIVERS RANCH ROAD DISTRICT, OR
SOUTH LANE COUNTY FIRE & RESCUE, OR THREE SISTERS IRRIGATION DISTRICT, OR
SOUTH SANTIAM RIVER WATER CONTROL TIGARD TUALATIN AQUATIC DISTRICT, OR
DISTRICT, OR TIGARD WATER DISTRICT, OR
SOUTH SHERMAN FIRE DISTRICT, OR TILLAMOOK BAY FLOOD IMPROVEMENT
SOUTH SUBURBAN SANITARY DISTRICT, OR DISTRICT, OR
SOUTH WASCO PARK & RECREATION TILLAMOOK COUNTY EMERGENCY
DISTRICT, OR COMMUNICATIONS DISTRICT, OR
SOUTHERN COOS HEALTH DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR
SOUTHERN CURRY CEMETERY MAINTENANCE TILLAMOOK COUNTY TRANSPORTATION
DISTRICT, OR DISTRICT, OR
SOUTHVIEW IMPROVEMENT DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR
SOUTHWEST LINCOLN COUNTY WATER TILLAMOOK P.U.D., OR
DISTRICT, OR TILLER R.F.P.D., OR
SOUTHWESTERN POLK COUNTY R.F.P.D., OR TOBIN DITCH DISTRICT IMPROVEMENT
SOUTHWOOD PARK WATER DISTRICT, OR COMPANY, OR
SPECIAL ROAD DISTRICT #1, OR TOLEDO R.F.P.D., OR
SPECIAL ROAD DISTRICT #8, OR TONE WATER DISTRICT, OR
SPRING RIVER SPECIAL ROAD DISTRICT, OR TOOLEY WATER DISTRICT, OR
SPRINGFIELD UTILITY BOARD, OR TRASK DRAINAGE DISTRICT, OR
ST. PAUL R.F.P.D., OR TRI CITY R.F.P.D. #4, OR
STANFIELD CEMETERY DISTRICT #6, OR TRI-CITY WATER & SANITARY AUTHORITY, OR
STANFIELD IRRIGATION DISTRICT, OR TRI-COUNTY METROPOLITAN
STARR CREEK ROAD DISTRICT, OR TRANSPORTATION DISTRICT OF OREGON
STARWOOD SANITARY DISTRICT, OR TRIMET, OR
STAYTON FIRE DISTRICT, OR TUALATIN HILLS PARK & RECREATION
SUBLIMITY FIRE DISTRICT, OR DISTRICT
SUBURBAN EAST SALEM WATER DISTRICT, OR TUALATIN HILLS PARK & RECREATION
SUBURBAN LIGHTING DISTRICT, OR DISTRICT, OR
SUCCOR CREEK DISTRICT IMPROVEMENT TUALATIN S.W.C.D., OR
COMPANY, OR TUALATIN VALLEY FIRE & RESCUE
SUMMER LAKE IRRIGATION DISTRICT, OR TUALATIN VALLEY FIRE & RESCUE, OR
SUMMERVILLE CEMETERY MAINTENANCE TUALATIN VALLEY IRRIGATION DISTRICT, OR
DISTRICT, OR TUALATIN VALLEY WATER DISTRICT
SUMNER R.F.P.D., OR TUALATIN VALLEY WATER DISTRICT, OR
SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR
SUNDOWN SANITATION DISTRICT, OR TURNER FIRE DISTRICT, OR
SUNFOREST ESTATES SPECIAL ROAD TWIN ROCKS SANITARY DISTRICT, OR
DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT,
SUNNYSIDE IRRIGATION DISTRICT, OR OR
SUNRISE WATER AUTHORITY, OR TWO RIVERS S.W.C.D., OR
SUNRIVER SERVICE DISTRICT, OR TWO RIVERS SPECIAL ROAD DISTRICT, OR
SUNSET EMPIRE PARK & RECREATION TYGH VALLEY R.F.P.D., OR
DISTRICT, OR TYGH VALLEY WATER DISTRICT, OR
SUNSET EMPIRE TRANSPORTATION DISTRICT, UMATILLA COUNTY FIRE DISTRICT #1, OR
OR UMATILLA COUNTY S.W.C.D., OR
SURFLAND ROAD DISTRICT, OR
Version February 24, 2023
UMATILLA COUNTY SPECIAL LIBRARY WEST MULTNOMAH S.W.C.D., OR
DISTRICT, OR WEST SIDE R.F.P.D., OR
UMATILLA HOSPITAL DISTRICT, OR WEST SLOPE WATER DISTRICT, OR
UMATILLA R.F.P.D. #7-405, OR WEST UMATILLA MOSQUITO CONTROL
UMATILLA-MORROW RADIO AND DATA DISTRICT, OR
DISTRICT, OR WEST VALLEY FIRE DISTRICT, OR
UMPQUA S.W.C.D., OR WESTERN HEIGHTS SPECIAL ROAD DISTRICT,
UNION CEMETERY MAINTENANCE DISTRICT, OR
OR WESTERN LANE AMBULANCE DISTRICT, OR
UNION COUNTY SOLID WASTE DISPOSAL WESTLAND IRRIGATION DISTRICT, OR
DISTRICT, OR WESTON ATHENA MEMORIAL HALL PARK &
UNION COUNTY VECTOR CONTROL DISTRICT, RECREATION DISTRICT, OR
OR WESTON CEMETERY DISTRICT #2, OR
UNION GAP SANITARY DISTRICT, OR WESTPORT FIRE AND RESCUE, OR
UNION GAP WATER DISTRICT, OR WESTRIDGE WATER SUPPLY CORPORATION,
UNION HEALTH DISTRICT, OR OR
UNION R.F.P.D., OR WESTWOOD HILLS ROAD DISTRICT, OR
UNION S.W.C.D., OR WESTWOOD VILLAGE ROAD DISTRICT, OR
UNITY COMMUNITY PARK & RECREATION WHEELER S.W.C.D., OR
DISTRICT, OR WHITE RIVER HEALTH DISTRICT, OR
UPPER CLEVELAND RAPIDS ROAD DISTRICT, WIARD MEMORIAL PARK DISTRICT, OR
OR WICKIUP WATER DISTRICT, OR
UPPER MCKENZIE R.F.P.D., OR WILLAKENZIE R.F.P.D., OR
UPPER WILLAMETTE S.W.C.D., OR WILLAMALANE PARK & RECREATION DISTRICT,
VALE OREGON IRRIGATION DISTRICT, OR OR
VALE RURAL FIRE PROTECTION DISTRICT, OR WILLAMALANE PARK AND RECREATION
VALLEY ACRES SPECIAL ROAD DISTRICT, OR DISTRICT
VALLEY VIEW CEMETERY MAINTENANCE WILLAMETTE HUMANE SOCIETY
DISTRICT, OR WILLAMETTE RIVER WATER COALITION, OR
VALLEY VIEW WATER DISTRICT, OR WILLIAMS R.F.P.D., OR
VANDEVERT ACRES SPECIAL ROAD DISTRICT, WILLOW CREEK PARK DISTRICT, OR
OR WILLOW DALE WATER DISTRICT, OR
VERNONIA R.F.P.D., OR WILSON RIVER WATER DISTRICT, OR
VINEYARD MOUNTAIN PARK & RECREATION WINCHESTER BAY R.F.P.D., OR
DISTRICT, OR WINCHESTER BAY SANITARY DISTRICT, OR
VINEYARD MOUNTAIN SPECIAL ROAD WINCHUCK R.F.P.D., OR
DISTRICT, OR WINSTON-DILLARD R.F.P.D., OR
WALLA WALLA RIVER IRRIGATION DISTRICT, WINSTON-DILLARD WATER DISTRICT, OR
OR WOLF CREEK R.F.P.D., OR
WALLOWA COUNTY HEALTH CARE DISTRICT, WOOD RIVER DISTRICT IMPROVEMENT
OR COMPANY, OR
WALLOWA LAKE COUNTY SERVICE DISTRICT, WOODBURN R.F.P.D. NO. 6, OR
OR WOODLAND PARK SPECIAL ROAD DISTRICT,
WALLOWA LAKE IRRIGATION DISTRICT, OR OR
WALLOWA LAKE R.F.P.D., OR WOODS ROAD DISTRICT, OR
WALLOWA S.W.C.D., OR WRIGHT CREEK ROAD WATER IMPROVEMENT
WALLOWA VALLEY IMPROVEMENT DISTRICT DISTRICT, OR
#1, OR WY'EAST FIRE DISTRICT, OR
WAMIC R.F.P.D., OR YACHATS R.F.P.D., OR
WAMIC WATER & SANITARY AUTHORITY, OR YAMHILL COUNTY TRANSIT AREA, OR
WARMSPRINGS IRRIGATION DISTRICT, OR YAMHILL FIRE PROTECTION DISTRICT, OR
WASCO COUNTY S.W.C.D., OR YAMHILL SWCD, OR
WATER ENVIRONMENT SERVICES, OR YONCALLA PARK & RECREATION DISTRICT, OR
WATER WONDERLAND IMPROVEMENT YOUNGS RIVER-LEWIS & CLARK WATER
DISTRICT, OR DISTRICT, OR
WATERBURY & ALLEN DITCH IMPROVEMENT ZUMWALT R.F.P.D., OR
DISTRICT, OR
WATSECO-BARVIEW WATER DISTRICT, OR K-12 INCLUDING BUT NOT LIMITED TO:
WAUNA WATER DISTRICT, OR ACADIA PARISH SCHOOL BOARD
WEDDERBURN SANITARY DISTRICT, OR BEAVERTON SCHOOL DISTRICT
WEST EAGLE VALLEY WATER CONTROL BEND-LA PINE SCHOOL DISTRICT
DISTRICT, OR BOGALUSA HIGH SCHOOL, LA
WEST EXTENSION IRRIGATION DISTRICT, OR BOSSIER PARISH SCHOOL BOARD
WEST LABISH DRAINAGE & WATER CONTROL BROOKING HARBOR SCHOOL DISTRICT
IMPROVEMENT DISTRICT, OR CADDO PARISH SCHOOL DISTRICT
Version February 24, 2023
CALCASIEU PARISH SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT
CANBY SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21
CANYONVILLE CHRISTIAN ACADEMY NORTHWEST REGIONAL EDUCATION SERVICE
CASCADE SCHOOL DISTRICT DISTRICT
CASCADES ACADEMY OF CENTRAL OREGON ONTARIO MIDDLE SCHOOL
CENTENNIAL SCHOOL DISTRICT OREGON TRAIL SCHOOL DISTRICT NOA6
CENTRAL CATHOLIC HIGH SCHOOL ORLEANS PARISH SCHOOL DISTRICT
CENTRAL POINT SCHOOL DISTRICT NO.6 PHOENIX-TALENT SCHOOL DISTRICT NOA
CENTRAL SCHOOL DISTRICT 13J PLEASANT HILL SCHOOL DISTRICT
COOS BAY SCHOOL DISTRICT NO.9 PORTLAND JEWISH ACADEMY
CORVALLIS SCHOOL DISTRICT 509J PORTLAND PUBLIC SCHOOLS
COUNTY OF YAMHILL SCHOOL DISTRICT 29 RAPIDES PARISH SCHOOL DISTRICT
CULVER SCHOOL DISTRICT REDMOND SCHOOL DISTRICT
DALLAS SCHOOL DISTRICT NO.2 REYNOLDS SCHOOL DISTRICT
DAVID DOUGLAS SCHOOL DISTRICT ROGUE RIVER SCHOOL DISTRICT
DAYTON SCHOOL DISTRICT NO.8 ROSEBURG PUBLIC SCHOOLS
DE LA SALLE N CATHOLIC HS SCAPPOOSE SCHOOL DISTRICT 1J
DESCHUTES COUNTY SCHOOL DISTRICT NO.6 SAINT TAMMANY PARISH SCHOOL BOARD, LA
DOUGLAS EDUCATIONAL DISTRICT SERVICE SEASIDE SCHOOL DISTRICT 10
DUFUR SCHOOL DISTRICT NO.29 SHERWOOD SCHOOL DISTRICT 88J
EAST BATON ROUGE PARISH SCHOOL SILVER FALLS SCHOOL DISTRICT 4J
DISTRICT SOUTH LANE SCHOOL DISTRICT 45J3
ESTACADA SCHOOL DISTRICT NO.10B SOUTHERN OREGON EDUCATION SERVICE
FOREST GROVE SCHOOL DISTRICT DISTRICT
GEORGE MIDDLE SCHOOL SPRINGFIELD PUBLIC SCHOOLS
GLADSTONE SCHOOL DISTRICT SUTHERLIN SCHOOL DISTRICT
GRANTS PASS SCHOOL DISTRICT 7 SWEET HOME SCHOOL DISTRICT NO.55
GREATER ALBANY PUBLIC SCHOOL DISTRICT TERREBONNE PARISH SCHOOL DISTRICT
GRESHAM BARLOW JOINT SCHOOL DISTRICT THE CATLIN GABEL SCHOOL
HEAD START OF LANE COUNTY TIGARD-TUALATIN SCHOOL DISTRICT
HIGH DESERT EDUCATION SERVICE DISTRICT UMATILLA MORROW ESD
HILLSBORO SCHOOL DISTRICT WEST LINN WILSONVILLE SCHOOL DISTRICT
HOOD RIVER COUNTY SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT
JACKSON CO SCHOOL DIST NO.9 WOODBURN SCHOOL DISTRICT
JEFFERSON COUNTY SCHOOL DISTRICT 509-J YONCALLA SCHOOL DISTRICT
JEFFERSON PARISH SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING &
JEFFERSON SCHOOL DISTRICT SCIENCE (AMES), UT
JUNCTION CITY SCHOOLS, OR ALIANZA ACADEMY, UT
KLAMATH COUNTY SCHOOL DISTRICT ALPINE DISTRICT, UT
KLAMATH FALLS CITY SCHOOLS AMERICAN LEADERSHIP ACADEMY, UT
LAFAYETTE PARISH SCHOOL DISTRICT AMERICAN PREPARATORY ACADEMY, UT
LAKE OSWEGO SCHOOL DISTRICT 7J BAER CANYON HIGH SCHOOL FOR SPORTS &
LANE COUNTY SCHOOL DISTRICT 4J MEDICAL SCIENCES, UT
LINCOLN COUNTY SCHOOL DISTRICT BEAR RIVER CHARTER SCHOOL, UT
LINN CO. SCHOOL DIST. 95C BEAVER SCHOOL DISTRICT, UT
LIVINGSTON PARISH SCHOOL DISTRICT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY
LOST RIVER JR/SR HIGH SCHOOL (BSTA) , UT
LOWELL SCHOOL DISTRICT NO.71 BOX ELDER SCHOOL DISTRICT, UT
SALEM-KEIZER PUBLIC SCHOOLS 24J CBA CENTER, UT
MARION COUNTY SCHOOL DISTRICT 103 CACHE SCHOOL DISTRICT, UT
MARIST HIGH SCHOOL, OR CANYON RIM ACADEMY, UT
MCMINNVILLE SCHOOL DISTRICT NOAO CANYONS DISTRICT, UT
MEDFORD SCHOOL DISTRICT 549C CARBON SCHOOL DISTRICT, UT
MITCH CHARTER SCHOOL CHANNING HALL, UT
MONROE SCHOOL DISTRICT NO.1J CHARTER SCHOOL LEWIS ACADEMY, UT
MORROW COUNTY SCHOOL DIST, OR CITY ACADEMY, UT
MULTNOMAH EDUCATION SERVICE DISTRICT DAGGETT SCHOOL DISTRICT, UT
MULTISENSORY LEARNING ACADEMY DAVINCI ACADEMY, UT
MYRTLE PINT SCHOOL DISTRICT 41 DAVIS DISTRICT, UT
NEAH-KAH-NIE DISTRICT NO.56 DUAL IMMERSION ACADEMY, UT
NEWBERG PUBLIC SCHOOLS DUCHESNE SCHOOL DISTRICT, UT
NESTUCCA VALLEY SCHOOL DISTRICT NO.101 EARLY LIGHT ACADEMY AT DAYBREAK, UT
NOBEL LEARNING COMMUNITIES EAST HOLLYWOOD HIGH, UT
NORTH BEND SCHOOL DISTRICT 13 EDITH BOWEN LABORATORY SCHOOL, UT
NORTH CLACKAMAS SCHOOL DISTRICT EMERSON ALCOTT ACADEMY, UT
Version February 24, 2023
EMERY SCHOOL DISTRICT, UT SALT LAKE SCHOOL DISTRICT, UT
ENTHEOS ACADEMY, UT SALT LAKE SCHOOL FOR THE PERFORMING
EXCELSIOR ACADEMY, UT ARTS, UT
FAST FORWARD HIGH, UT SAN JUAN SCHOOL DISTRICT, UT
FREEDOM ACADEMY, UT SEVIER SCHOOL DISTRICT, UT
GARFIELD SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT
GATEWAY PREPARATORY ACADEMY, UT SOUTH SANPETE SCHOOL DISTRICT, UT
GEORGE WASHINGTON ACADEMY, UT SOUTH SUMMIT SCHOOL DISTRICT, UT
GOOD FOUNDATION ACADEMY, UT SPECTRUM ACADEMY, UT
GRAND SCHOOL DISTRICT, UT SUCCESS ACADEMY, UT
GRANITE DISTRICT, UT SUCCESS SCHOOL, UT
GUADALUPE SCHOOL, UT SUMMIT ACADEMY, UT
HAWTHORN ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT
INTECH COLLEGIATE HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT
IRON SCHOOL DISTRICT, UT THOMAS EDISON - NORTH, UT
ITINERIS EARLY COLLEGE HIGH, UT TIMPANOGOS ACADEMY, UT
JOHN HANCOCK CHARTER SCHOOL, UT TINTIC SCHOOL DISTRICT, UT
JORDAN DISTRICT, UT TOOELE SCHOOL DISTRICT, UT
JUAB SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE
KANE SCHOOL DISTRICT, UT PERFORMING ARTS, UT
KARL G MAESER PREPARATORY ACADEMY, UT UINTAH RIVER HIGH, UT
LAKEVIEW ACADEMY, UT UINTAH SCHOOL DISTRICT, UT
LEGACY PREPARATORY ACADEMY, UT UTAH CONNECTIONS ACADEMY, UT
LIBERTY ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT
LINCOLN ACADEMY, UT UTAH ELECTRONIC HIGH SCHOOL, UT
LOGAN SCHOOL DISTRICT, UT UTAH SCHOOLS FOR DEAF & BLIND, UT
MARIA MONTESSORI ACADEMY, UT UTAH STATE OFFICE OF EDUCATION, UT
MERIT COLLEGE PREPARATORY ACADEMY, UT UTAH VIRTUAL ACADEMY, UT
MILLARD SCHOOL DISTRICT, UT VENTURE ACADEMY, UT
MOAB CHARTER SCHOOL, UT VISTA AT ENTRADA SCHOOL OF PERFORMING
MONTICELLO ACADEMY, UT ARTS AND TECHNOLOGY, UT
MORGAN SCHOOL DISTRICT, UT WALDEN SCHOOL OF LIBERAL ARTS, UT
MOUNTAINVILLE ACADEMY, UT WASATCH PEAK ACADEMY, UT
MURRAY SCHOOL DISTRICT, UT WASATCH SCHOOL DISTRICT, UT
NAVIGATOR POINTE ACADEMY, UT WASHINGTON SCHOOL DISTRICT, UT
NEBO SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT
NO UT ACAD FOR MATH ENGINEERING & WEBER SCHOOL DISTRICT, UT
SCIENCE (NUAMES), UT WEILENMANN SCHOOL OF DISCOVERY, UT
NOAH WEBSTER ACADEMY, UT
NORTH DAVIS PREPARATORY ACADEMY, UT HIGHER EDUCATION
NORTH SANPETE SCHOOL DISTRICT, UT ARGOSY UNIVERSITY
NORTH STAR ACADEMY, UT BATON ROUGE COMMUNITY COLLEGE, LA
NORTH SUMMIT SCHOOL DISTRICT, UT BIRTHINGWAY COLLEGE OF MIDWIFERY
ODYSSEY CHARTER SCHOOL, UT BLUE MOUNTAIN COMMUNITY COLLEGE
OGDEN PREPARATORY ACADEMY, UT BRIGHAM YOUNG UNIVERSITY - HAWAII
OGDEN SCHOOL DISTRICT, UT CENTRAL OREGON COMMUNITY COLLEGE
OPEN CLASSROOM, UT CENTENARY COLLEGE OF LOUISIANA
OPEN HIGH SCHOOL OF UTAH, UT CHEMEKETA COMMUNITY COLLEGE
OQUIRRH MOUNTAIN CHARTER SCHOOL, UT CLACKAMAS COMMUNITY COLLEGE
PARADIGM HIGH SCHOOL, UT COLLEGE OF THE MARSHALL ISLANDS
PARK CITY SCHOOL DISTRICT, UT COLUMBIA GORGE COMMUNITY COLLEGE
PINNACLE CANYON ACADEMY, UT CONCORDIA UNIVERSITY
PIUTE SCHOOL DISTRICT, UT GEORGE FOX UNIVERSITY
PROVIDENCE HALL, UT KLAMATH COMMUNITY COLLEGE DISTRICT
PROVO SCHOOL DISTRICT, UT LANE COMMUNITY COLLEGE
QUAIL RUN PRIMARY SCHOOL, UT LEWIS AND CLARK COLLEGE
QUEST ACADEMY, UT LINFIELD COLLEGE
RANCHES ACADEMY, UT LINN-BENTON COMMUNITY COLLEGE
REAGAN ACADEMY, UT LOUISIANA COLLEGE, LA
RENAISSANCE ACADEMY, UT LOUISIANA STATE UNIVERSITY
RICH SCHOOL DISTRICT, UT LOUISIANA STATE UNIVERSITY HEALTH
ROCKWELL CHARTER HIGH SCHOOL, UT SERVICES
SALT LAKE ARTS ACADEMY, UT MARYLHURST UNIVERSITY
SALT LAKE CENTER FOR SCIENCE MT. HOOD COMMUNITY COLLEGE
EDUCATION, UT MULTNOMAH BIBLE COLLEGE
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NATIONAL COLLEGE OF NATURAL MEDICINE COLLEGE OF EASTERN UTAH, UT
NORTHWEST CHRISTIAN COLLEGE UTAH VALLEY UNIVERSITY, UT
OREGON HEALTH AND SCIENCE UNIVERSITY SALT LAKE COMMUNITY COLLEGE, UT
OREGON INSTITUTE OF TECHNOLOGY UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
OREGON STATE UNIVERSITY
OREGON UNIVERSITY SYSTEM STATE AGENCIES
PACIFIC UNIVERSITY ADMIN. SERVICES OFFICE
PIONEER PACIFIC COLLEGE BOARD OF MEDICAL EXAMINERS
PORTLAND COMMUNITY COLLEGE HAWAII CHILD SUPPORT ENFORCEMENT
PORTLAND STATE UNIVERSITY AGENCY
REED COLLEGE HAWAII DEPARTMENT OF TRANSPORTATION
RESEARCH CORPORATION OF THE HAWAII HEALTH SYSTEMS CORPORATION
UNIVERSITY OF HAWAII OFFICE OF MEDICAL ASSISTANCE PROGRAMS
ROGUE COMMUNITY COLLEGE OFFICE OF THE STATE TREASURER
SOUTHEASTERN LOUISIANA UNIVERSITY OREGON BOARD OF ARCHITECTS
SOUTHERN OREGON UNIVERSITY (OREGON OREGON CHILD DEVELOPMENT COALITION
UNIVERSITY SYSTEM) OREGON DEPARTMENT OF EDUCATION
SOUTHWESTERN OREGON COMMUNITY OREGON DEPARTMENT OF FORESTRY
COLLEGE OREGON DEPT OF TRANSPORTATION
TULANE UNIVERSITY OREGON DEPT. OF EDUCATION
TILLAMOOK BAY COMMUNITY COLLEGE OREGON LOTTERY
UMPQUA COMMUNITY COLLEGE OREGON OFFICE OF ENERGY
UNIVERSITY OF HAWAII BOARD OF REGENTS OREGON STATE BOARD OF NURSING
UNIVERSITY OF HAWAII-HONOLULU OREGON STATE DEPT OF CORRECTIONS
COMMUNITY COLLEGE OREGON STATE POLICE
UNIVERSITY OF OREGON-GRADUATE SCHOOL OREGON TOURISM COMMISSION
UNIVERSITY OF PORTLAND OREGON TRAVEL INFORMATION COUNCIL
UNIVERSITY OF NEW ORLEANS SANTIAM CANYON COMMUNICATION CENTER
WESTERN OREGON UNIVERSITY SEIU LOCAL 503, OPEU
WESTERN STATES CHIROPRACTIC COLLEGE SOH- JUDICIARY CONTRACTS AND PURCH
WILLAMETTE UNIVERSITY STATE DEPARTMENT OF DEFENSE, STATE OF
XAVIER UNIVERSITY HAWAII
UTAH SYSTEM OF HIGHER EDUCATION, UT STATE OF HAWAII
UNIVERSITY OF UTAH, UT STATE OF HAWAII, DEPT. OF EDUCATION
UTAH STATE UNIVERSITY, UT STATE OF LOUISIANA
WEBER STATE UNIVERSITY, UT STATE OF LOUISIANA DEPT. OF EDUCATION
SOUTHERN UTAH UNIVERSITY, UT STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT
SNOW COLLEGE, UT ATTORNEY
DIXIE STATE COLLEGE, UT STATE OF UTAH
HEART OF APPALACHIA REGION (VIRGINIA) to include:
CITIES & TOWNS COUNTIES
Bluefield, VA Buchanan County, VA
Grundy, VA Dickenson County, VA
Norton, VA Lee County, VA
Town of Tazewell, VA Russell County, VA
Big Stone Gap, VA Scott County, VA
Clintwood, VA Tazewell County, VA
St. Paul, VA Wise County, VA
BLUE RIDGE HIGHLANDS REGION (VIRGINA) to include:
CITIES & TOWNS Damascus, VA
Abingdon, VA Galax, VA
Blacksburg, VA Marion, VA
Bristol, VA Pulaski, VA
Christiansburg, VA Radford, VA
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Wytheville, VA Montgomery County, VA
COUNTIES Patrick County, VA
Bland County, VA Pulaski County, VA
Carroll County, VA Smyth County, VA
Floyd County, VA Washington County, VA
Giles County, VA Wythe County, VA
Grayson County, VA
CENTRAL VIRGINIA REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Appomattox, VA Albemarie County, VA
Ashland, VA Amelia County, VA
Blackstone, VA Amherst County, VA
Charlottesville, VA Appomattox County, VA
Colonial Heights, VA Buckingham County, VA
Chester, VA Campbell County, VA
Farmville, VA Chesterfield County, VA
Hopewell, VA Cumberland County, VA
Lynchburg, VA Dinwiddie County, VA
Petersburg, VA Fluvanna County, VA
Richmond, VA Goochland County, VA
Scottsville, VA Greene County, VA
Wintergreen, VA Hanover County, VA
Henrico County, VA
Louisa County, VA
Madison County, VA
Nelson County, VA
Nottoway County, VA
Orange County, VA
Powhatan County, VA
Prince Edward County, VA
Prince George County, VA
Sussex County, VA
TIDEWATER REGION (WHICH ALSO INCLUDES THE CHESAPEAKE BAY REGION) (VIRGINA)
to include:
CITIES & TOWNS COUNTIES
Kilmarnock, VA Middlesex County, VA
Warsaw, VA Lancaster County, VA
Urbanna, VA Northumberland County, VA
West Point, VA Richmond County, VA
Colonial Beach, VA King William County, VA
Tappahannock, VA King & Queen County, VA
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Gloucester, VA Mathews County, VA
Irvington, VA Westmoreland County, VA
Essex County, VA
Gloucester County, VA
King George County, VA
COASTAL VIRGINIA - EASTERN SHORE REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Accomac, VA Northampton County, VA
Cape Charles, VA Accomack County, VA
Chincoteague Island, VA
Exmore, VA
Onanock, VA
Tangier Island, VA
Wachapreague, VA
Tidewater COASTAL VIRGINIA - HAMPTON ROADS REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Charles City, VA Charles City County, VA
Chesapeake, VA Isle of Wight County, VA
Franklin, VA James City County, VA
Hampton, VA New Kent County, VA
Newport News, VA Southampton County, VA
Norfolk, VA Surry County, VA
Poquoson, VA York County, VA
Portsmouth, VA
Smithfield, VA
Suffolk, VA
Virginia Beach, VA
Williamsburg, VA
Yorktown, VA
NORTHERN VIRGNIA REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Alexandria, VA Rappanhannock County, VA
Arlington, VA Fauquier County, VA
Centreville, VA Stafford County, VA
Chantilly, VA Spotsylvania County, VA
Clifton, VA Caroline County, VA
Culpeper, VA Prince William County, VA
Dulles, VA Fairfax County, VA
Falls Church, VA Loudoun County, VA
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Fairfax, VA Culpeper County, VA
Fredericksburg, VA
Herndon, VA
Leesburg, VA
Lorton, VA
Manassas Park, VA
Manassas, VA
Marshall, VA
McLean, VA
Middleburg, VA
Occoquan, VA
Purcellville, VA
Reston, VA
Spotsylvania, VA
Springfield, VA
Triangle, VA
Vienna, VA
Warrenton, VA
Woodbridge, VA
Washington, VA
SHENANDOAH VALLEY REGION (VIRGINA) to include:
CITIES & TOWNS
Berryville, VA Shenandoah, VA
Buena Vista, VA Staunton, VA
Front Royal, VA Waynesboro, VA
Harrisonburg, VA Winchester, VA
Lexington, VA
Luray, VA
Natural Bridge VA
COUNTIES
Augusta County, VA
Clarke County, VA
Frederick County, VA
Page County, VA
Rockbridge County, VA
Rockingham County, VA
Shenandoah County, VA
Warren County, VA
SOUTHERN VIRGINIA (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Danville, VA Brunswick County, VA
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Emporia, VA Charlotte County, VA
Martinsville, VA Greensville County, VA
South Boston, VA Henry County, VA
South Hill, VA Halifax County, VA
Clarksville, VA Lunenburg County, VA
Mecklenburg County, VA
Pittsylvania County, VA
VIRGINIA MOUNTAINS REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Bedford, VA Alleghany County, VA
Buchanan, VA Bath County, VA
Clifton Forge, VA Bedford County, VA
Covington, VA Botetourt County, VA
Fincastle, VA Craig County, VA
Hot Springs, VA Franklin County, VA
New Castle, VA Highland County, VA
Roanoke, VA Roanoke County, VA
Rocky Mount, VA
Salem, VA
Troutville, VA
Vinton, VA
Warm Springs, VA
SCHOOL DISTRICTS (VIRGINA) to include:
Accomack County Public Schools, VA Lunenburg County Public Schools, VA
Albemarle County Public Schools, VA Lynchburg City Public Schools, VA
Alexandria City Public Schools, VA Madison County Public Schools, VA
Alleghany County Public Schools, VA Manassas City Public Schools, VA
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Manassas Park City Public Schools, VA
Amelia County Public Schools, VA
Amherst County Public Schools, VA Martinsville City Public Schools, VA
Appomattox County Public Schools, VA Mathews County Public Schools, VA
Arlington Public Schools, VA Mecklenburg County Public Schools, VA
Augusta County Public Schools, VA Middlesex County Public Schools, VA
Bath County Public Schools, VA Montgomery County Public Schools, VA
Bedford City Public Schools, VA Nelson County Public Schools, VA
Bedford County Public Schools, VA New Kent County Public Schools, VA
Bland County Public Schools, VA Newport News Public Schools, VA Norfolk
Botetourt County Public Schools, VA Public Schools, VA
Bristol Public Schools, VA Northampton County Public Schools, VA
Brunswick County Public Schools, VA Northumberland County Public Schools, VA
Buchanan County Public Schools, VA Norton City Schools, VA
Buckingham County Public Schools, VA Nottoway County Public Schools, VA
Buena Vista City Public Schools, VA Orange County Public Schools, VA
Campbell County Public Schools, VA Page County Public Schools, VA
Caroline County Public Schools, VA Patrick County Public Schools, VA
Carroll County Public Schools, VA Petersburg City Public Schools, VA
Charles City County Public Schools, VA Pittsylvania County Public Schools, VA
Charlotte County Public Schools, VA Poquoson City Public Schools, VA
Charlottesville City Schools, VA Portsmouth Public Schools, VA
Chesapeake Public Schools, VA Powhatan County Public Schools, VA
Chesterfield County Public Schools, VA Prince Edward County Public Schools, VA
Clarke County Public Schools, VA Prince George County Public Schools, VA
Colonial Beach Public Schools, VA Prince William County Public Schools, VA
Colonial Heights Public Schools, VA Pulaski County Public Schools, VA Radford
Covington City Public Schools, VA City Schools, VA Rappahannock County
Craig County Public Schools, VA Public Schools, VA Richmond County
Culpeper County Public Schools, VA Public Schools, VA Richmond Public
Cumberland County Public Schools, VA Schools, VA
Danville Public Schools, VA Roanoke City Public Schools, VA Roanoke
Dickenson County Public Schools, VA County Public Schools, VA Rockbridge
Dinwiddie County Public Schools, VA County Public Schools, VA Rockingham
Essex County Public Schools, VA County Public Schools, VA Russell County
Fairfax County Public Schools, VA Public Schools, VA Salem City Schools, VA
Falls Church City Public Schools, VA Scott County Public Schools, VA
Fauquier County Public Schools, VA Shenandoah County Public Schools, VA
Floyd County Public Schools, VA Smyth County Public Schools, VA
Fluvanna County Public Schools, VA Southampton County Public Schools, VA
Franklin City Public Schools, VA Spotsylvania County Public Schools, VA
Franklin County Public Schools, VA Stafford County Public Schools, VA
Frederick County Public Schools, VA Staunton City Public Schools, VA Suffolk
Fredericksburg City Schools, VA Public Schools, VA
Galax City Public Schools, VA Surry County Public Schools, VA
Giles County Public Schools, VA Sussex County Public Schools, VA
Gloucester County Public Schools, VA
Version February 24, 2023
Goochland County Public Schools, VA Tazewell County Public Schools, VA
Grayson County Public Schools, VA Greene Virginia Beach City Public Schools, VA
County Public Schools, VA Greensville Warren County Public Schools, VA
County Public Schools, VA Halifax County Winchester Public Schools, VA
Public Schools, VA Hampton City Schools, Wise County Public Schools, VA
VA Wythe County Public Schools, VA
Hanover County Public Schools, VA York County School Division, VA
Harrisonburg City Public Schools, VA Waynesboro Public Schools, VA
Henrico County Public Schools, VA Henry Westmoreland County Public Schools, VA
County Public Schools, VA Highland West Point Public Schools, VA
County Public Schools, VA Hopewell City Williamsburg-James City County Public Schools, VA
Public Schools, VA
Isle of Wight County Public Schools, VA
King and Queen County Public Schools, VA
King George County Public Schools, VA
King William County Public Schools, VA
Lancaster County Public Schools, VA
Lee County Public Schools, VA Lexington
City Schools, VA
Loudoun County Public Schools, VA Louisa
County Public Schools, VA Washington
County Public Schools, VA
Version February 24, 2023