7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
Solicitation Number 24-16
Request for Competitive Sealed Proposal (“RFCSP”)
by
Region 4 Education Service Center (“ESC”)
for
Job Order Contracting Services
SUBMITTAL DEADLINE: Thursday, November 21, 2024, 2:00 PM CENTRAL
TIME
Only online proposals will be accepted. Proposals must be submitted via Region 4 ESC’s online
procurement system Ion Wave Technologies, Inc. at https://region4esc.ionwave.net. No hardcopies,
email, or fax responses will be accepted.
Questions regarding this RFCSP must be submitted electronically using
https://region4esc.ionwave.net no later than November 8, 2024. All questions and answers will be
available at https://region4esc.ionwave.net. Offerors are responsible for viewing Ion Wave
Technologies, Inc. to review all questions and answers prior to submitting proposals. Oral
communications concerning this RFCSP shall not be binding and shall in no way excuse an Offeror of
the obligations set forth in this proposal.
VIRTUAL 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 November 7, 2024 at 10:00 am CST via Zoom
Meeting at https://esc4.zoom.us/j/98164592949 or tel:+12532158782,,98164592949 Meeting ID:
981 6459 2949
The purpose of this conference is to clarify the contents of this RFCSP in order to prevent any
misunderstanding of Region 4 ESC’s position. Any doubt as to the requirements of this RFCSP 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 RFCSP. Oral statements or instructions will not constitute an addendum to this RFCSP.
Publication Date: October 10, 2024
Version April 24, 2024
I. SCOPE OF WORK
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
suppliers with the intent to enter into a Contract for Job Order Contracting 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 perform the work outlined in this
solicitation in the State of Texas as well as additional states Offeror(s) are able to perform
work. In addition, a Contractor does not necessarily need to have their primary business
operations located in Texas but due to the type of service, would need to have any and all
applicable licenses and any other requirements as deemed by the State of Texas. While this
solicitation specifically covers Job Order Contracting Services, each awarded Offeror may offer
their complete product and service offering, or balance of line.
Offerors are encouraged to submit an offering on any and all products or services available in
any and all states that they currently perform in their normal course of business, including but
not limited to various trades such as General Construction; Mechanical, Electrical, Plumbing
(MEP), and Civil/Site. Offeror’s are also encouraged to submit products and/or services related
to Disaster and Non-Disaster Restoration Services and other offerings and solutions . Region
4 ESC reserves the right to accept or reject any or all balance of line items offered; Architect
and Engineering Services will not be accepted in the State of Texas and the scope of work will
not include the construction of a brand-new building facility that previously did not exist. The
intent of the anticipated resulting contracts of this solicitation is to generate more
comprehensive Job Order Contracting Services contracts replacing the need for later re-
solicitations of other Region 4 ESC JOC related contracts including: Disaster and Non-Disaster
Restoration of Operational Services. Both current and new Job Order Contract and Disaster
and Non-Disaster Restoration of Operational Services related suppliers are strongly
encouraged to submit.
The governing body of Region 4 ESC and/or its designated representative have determined
that the Competitive Sealed Proposals method of procurement will provide the best value for
Region 4 ESC for this project. This procurement shall conform to Section 2269 of the Texas
Government Code. Region 4 ESC anticipates selecting one (1) or more successful Contractors
that will offer the “best value” to Region 4 ESC based on the published evaluation criteria.
Job Order Contracting Services will consist of contracts with contractors for the purpose of
performing “Job Order Service Work Order Assignments” (“WO” in the singular and “WOs” in
the plural) on a recurring basis. 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 RFCSP. Additionally, Offerors may provide additional alternative pricing options for
agencies to utilize to help ensure the best pricing is available; allowability of alternative pricing
mechanisms will depend on the Participating Public Agency and will require approval by
Participating Public Agency. Offeror’s must have actual project experience with unit price book
cost estimating.
The maximum aggregate contract price is $50,000,000.00 and will be the amount allocated to
Region 4 ESC’s Job Order Contracting Services; each Participating Public Agency shall have
a separate maximum aggregate contract price of $50,000,000.00. There is no guarantee that
this amount will be distributed on a proportionate basis between the selected Contractors;
there is no guarantee of the number of WOs or the dollar value of the WOs. All WOs that will
be issued under this contract are unspecified at the time of bidding. Offeror’s who exercise the
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bid guarantee off a Work Order cap in lieu of the maximum aggregate contract price are limited
to a Word Order cap of $1,000,000 per WO issued. Offeror’s are not limited to the number of
Word Orders issued at each Participating Public Agency as long as the maximum aggregate
contract price is not exceed at that Participating Public Agency. WOs issued under this contract
may be in response to an emergency or disaster recovery situation and eligible for federal
funding; WOs issued in response to an emergency or disaster recovery situation are subject
to and must comply with all federal requirements applicable to the funding including, but not
limited to, the Special Conditions section of this solicitation.
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).
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.”
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 offer their comprehensive job order contracting program nationally. The Job Order
Contracting program may include products and services associated with labor, materials,
equipment, and supervision for maintenance, repair, alteration, renovation, remediation or
minor construction and general construction, or any other general construction services which
Participating Public Agencies may elect to use; Participating Public Agencies may also choose
to restrict certain products or services or elect to negotiate certain terms to conform to their
purchasing and contracting requirements. Participating Public Agencies may sign a
supplemental or usage agreement with the awarded Offeror substantially based on the terms
and conditions of the Region 4 ESC contract.
PROJECT DESCRIPTION AND BUDGET
Contractor(s) shall furnish all labor, materials, equipment, and supervision for maintenance,
repair, alteration, renovation, remediation or minor construction of Region 4 ESC and
Participating Public Agencies through the Job Order Contracting Services.
Minor construction may include the demolition and/or construction within an existing facility.
Repair is defined as work that involves the reparation of a broken system, component, or sub-
component of a building such as doors, electrical outlets, plumbing, flooring, sheetrock, and/or
air conditioning systems, etc. Rehabilitation is defined as work that involves the restoration of
a space, floor, system or component of a system in order to restore functionality. Alteration is
defined as work that involves changing a structure in terms of layout or function.
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Unless otherwise specified and agreed to in writing by Region 4 ESC or the Participating Public
Agency, Contractor shall be responsible for providing all, and coefficients will be calculated to
include general, administrative, and other overhead costs, to include but is not limited to: labor,
salaries, profit, materials, tools, instruments, supplies, equipment, transportation, mobilization,
demobilization, insurance, subcontracts, bonds, overhead supervision, project overhead,
management, general and administrative expenses, reports, vehicle expenses, computer
software, incidentals, and quality control necessary to perform construction management and
construction work for the minor construction, repair, rehabilitation, alteration of facilities, and
any other costs set forth.
“Project overhead” in the above paragraph is further defined to comprise the following: waste
or excess materials, disposal of waste materials, daily and final site clean-up, incidentals,
fasteners, costs for purchase of equipment and vehicles, and material delivery costs.
“Disposal of waste materials” in the above paragraph pertains to waste normally generated
during construction. Demolition waste is not to be included in the coefficient and therefore
should be included as needed in individual work orders.
“Salaries” in the above paragraph shall be deemed to be prevailing wage rates if/as adopted
for the member procuring the work if such rates are normally required for the work to be done.
Refer to the “Standard JOC Note” included in the RSMeans Construction Procurement Catalog
for a detailed explanation of the costs that are included in the coefficients.
Job Order Contracting Services Work Orders (“WO”) will define the Work by applicable
Statements of Scope, Drawings and Specifications and other details and the Contract Amounts
will be determined by applying a Contractor Coefficient to the unit prices contained in the
standardized Unit Price Book (UPB) and other criteria described in the Contract Documents.
Any individual WO may require the coordination of and performance by multiple trades and
disciplines.
The WO Proposal Request will identify individual WO requirements. The Contractor will attend
a project site visit, develop a proposal with a line-item cost estimate, using the UPB, and submit
to Region 4 ESC or Participating Public Agency for approval. The WO will also address
liquidated damages as it relates to a specific assignment and the amount to be assessed for
failure to achieve Substantial and/or Final Completion of the work within the specified time.
Upon approval of a WO, Region 4 ESC or Participating Public Agency will issue a notice to
proceed and the Contractor will provide all materials, labor, tools, equipment, supervision,
project management, safety, and quality control to successfully and timely complete the WO.
Division one of the UPB will only be allowed on a case-by-case basis with written approval by
the Participating Public Agency. If allowed, division one items will be listed as a separate line
item, marked as a division one item, and with a statement providing a summary as to why it is
necessary.
Any WOs 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.
The anticipated full term of the contract is up to 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 Master Agreement. All local agreements may have a full potential term
(any combination of initial and renewal periods) not to exceed five (5) years.
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Items that are not found in the UPB will be listed as “non-pre-priced”. This does not include
previously discussed design and engineering costs. The Contractor will provide three prices to
establish the average bare cost for each item and add in the Overhead and Profit (OH/P) based
upon the contractor’s coefficient; if three prices cannot be established, adequate justification
will need to be provided to the Participating Public Agency and the Participating Public Agency
may choose to allow an exception. This line item will then be negotiated with Region 4 ESC or
the Participating Public Agency and as approved the item will then be added to the price book
for future projects and no longer is non-pre-priced. The need for this special treatment needs
to be addressed in the line item estimate and agreed to by Region 4 ESC or the Participating
Public Agency. WOs issued under this contract may be in response to an emergency or
disaster recovery situation and eligible for federal funding. Services issued in response to an
emergency or disaster recovery situation: may not include cost plus a percentage of cost as
this form of contract; may include pricing based on time and materials only if a ceiling price is
included that the contract exceeds at its own risk; are subject to and must comply with all
federal requirements applicable to the funding including, but not limited to the Federal Funds
Certifications located in Appendix E, Exhibit F of this solicitation.
Example Trade Descriptions and Work:
General Construction Trade Category
The General Construction Trade Category could include but is not limited to:
• General Construction
• Mitigation
• Remodeling
• Additions
• Other related equipment and services
Mechanical, Electrical, Plumbing Trade Category
The Mechanical, Electrical, Plumbing Trade Category could include but is not limited to:
• Low voltage
• Lighting
• Mechanical systems
• Fire suppression
• Water supply
• Sewer infrastructure
• Natural and liquid propane gas distribution systems
• Other related equipment and services
Civil/Site Construction Trade Category
The Civil/Site Construction Trade Category could include but is not limited to:
• Concrete, asphalt, paving
• Earthwork
• Landscaping and irrigation
• Water sewer underground infrastructure
Disaster and Non-Disaster Restoration and Operational Services
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Restoration Services, including but not limited to:
• Monitoring damaged structures
o Initial assessment and evaluation
o Continued monitoring throughout restoration process
• Moisture reading
• Water cleanup and drying
• Smoke and odor removal
• Work progress
• Checking equipment operation
• Removal of damaged elements and detailed inspection that considers extent of
damage and quantities of affected materials
o Professional testing equipment to be used
o Comprehensive inspections may include but are not limited to:
Identifying and evaluating health & safety hazards
Determining source of damages
Determining job scope
Evaluating inventories
Assessing structural materials
Documenting pre-existing conditions not related to current loss
• Electronic restoration
• Anticipating secondary damage and attending to other structural components
• Structural cleaning and refinishing
• Occupant evaluation to determine if building(s) or areas are safe to enter and/or
estimate the duration for when building(s) or areas are safe
Construction/Reconstruction/Renovation, including but not limited to:
• Estimation services
• Preconstruction services
• Board up services
• Coordination with property owners
• Utility disconnection and deactivation
• Demolition of existing structure
• Salvage services • Site preparation
• Project management, construction management, and general contracting services
• Repairing remodeling and renovation services to include roofing
• Equipment replacement
Mobile/Lodging and Mobile Command Facilities, including but not limited to:
• Providing mobile command post vehicle for use in support of utility incidents, projects,
and events which may require substantial field coordination or emergency
management
• Providing mobile/lodging services for displaced occupants
Environmental Response, including but not limited to:
• Asbestos removal
• Maintenance and clean-up
• Emergency removal
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• Disposal of friable and non-friable material which may include asbestos-containing or
contaminated equipment and clothing
• Collection, management, and disposal/recycling materials (to include hazardous
materials)
• Mold removal and abatement
Debris Removal, including but not limited to:
• Road clearance
• Right of way vegetative and non-vegetative debris removal
• Construction and demolition debris removal
• Demolition, removal, transport, and disposal of nonregulated asbestos-containing
material
• Removal and disposal of all household hazardous waste (i.e. used electronics, white
goods, and scrap tires)
• Removal of any unsound and unsafe structure
Industrial Hygiene Services, including but not limited to:
• HVAC system cleaning
• Indoor air quality management
• Personnel and area monitoring for chemical and physical hazards
• Sample analysis
• Inspections and surveys
• Compliance sampling and monitoring
• Remediation support
• Wastewater sampling
• Fugitive emission monitoring
• Solid waste characterization, classification, disposal
• Soil sampling and monitoring
• Groundwater and surface water sampling/monitoring
• Drinking water sampling
• Ground water evacuation
• Product recovery measurement
• Data management and environmental site assessments
• Hazard assessment
• Project safety supervision (short and long term)
• Safety assessment and training
• Prevention program assessment and training
Prevailing Wage Requirements
The awarded Contractor(s) and all subcontractor(s) agree to comply with all laws regarding
prevailing wage rates including, but not limited to, Texas Government Code Chapter 2258,
applicable to the construction of a public work, and any related federal requirements, including
the Davis-Bacon Act, applicable to this RFCSP and/or member agencies. The Participating
Public Agency shall notify the awarded Contractor of the applicable pricing/prevailing wage
rates and must apply any local wage rates requested. The awarded Contractor and any
subcontractor(s) shall comply with the prevailing wage rates set by the member agency.
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HUB, MWBE, and SBE Participation
Region 4 ESC encourages the use of HUB, MWBE, and SBE both as prime and
subcontractors. However, these entities must meet the same minimum standards and
requirements as the prime contractor. When federal funds are expended, Contractor is
required to take all affirmative steps as outlined in the Special Conditions sections.
Insurance
The awarded Contractor(s) will be required to furnish a certificate(s) of insurance from a
company or companies lawfully authorized to transact insurance business in the state where
the work will be performed and rated at least B++6 in the company’s current A.M. Best
Company rating meeting minimum insurance requirements including:
• Commercial General Liability $1,000,000 each occurrence
• $2,000,000 Products/Completed Operations
• $2,000,000 General Aggregate
• Automotive Liability $1,000,000 each occurrence
• Workers’ Compensation $1,000,000 each accident
• $1,000,000 disease for each employee
• $1,000,000 disease policy limit
• Builders’ Risk (Property) Required for all individual job orders over $100,000 – for the
amount of the job order
Bid Guarantee
All 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 Texas and authorized to underwrite bonds in the
amount of the bid bond.
The bid bond may be based off the maximum aggregate contract price which provides the
Offeror to not have a Work Order cap. The 5% amount of not less than 5% of the total bid bond
is a requirement for many agencies and funding sources, such as FEMA, so it is encouraged
that Offeror’s use the maximum aggregate when submitting. However, to provide flexibility and
encourage participation, an alternative option is provided where the 5% may be based on a
Work Order cap instead of the maximum aggregate contract price. See paragraph 4, Section
I. Scope of Work for more details.
Payment and Performance Bond
A payment and performance bond are both required for one hundred percent (100%) of the
contract amount and shall name the Participating Public Agency as an oblige. A “performance
bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s
obligations under such contract. A “payment bond” is one executed in connection with a
contract to assure payment as required by law of all persons supplying labor and material in
the execution of the work provided in the contract. The Awarded Offeror(s) shall pay premiums
for required bonds. Obtaining of bonds by the Awarded Offeror(s) may be a condition
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precedent to effectuation of the Master Agreement between the Participating Public Agency
and Awarded Supplier. If additional work is authorized, the amount of the bonds shall be
increased to cover the value of the increased contract sum. Individual jobs or work orders may
be bonded individually if allowable by the Participating Public Agency.
NATIONAL CONTRACT
Region 4 ESC, as the Principal Procurement Agency, defined in APPENDIX E, has partnered
with OMNIA Partners, Public Sector, Inc., a Delaware corporation (“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 APPENDIX E, or as otherwise
agreed to. APPENDIX E 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’
public sector subsidiaries and affiliates, our participants have access to competitively solicited
and publicly awarded cooperative agreements. For all public sector contracts, the lead agency
contracting process continues to be the foundation on which we were established. 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
Supplier , OMNIA Partners provides marketing and administrative support for the Supplier 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. 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 Supplier benefits from a contract that generally allows Participating Public
Agencies to directly purchase goods and services without the Supplier's need to respond to
additional competitive solicitations. As such, the Supplier must be able to accommodate a
nationwide demand for services and to fulfill obligations as a nationwide Supplier and respond
to the OMNIA Partners documents (APPENDIX E).
While no minimum volume is guaranteed to the Contractor, the estimated annual volume of
Job Order Contracting Services purchased under the Master Agreement through OMNIA
Partners is approximately $200M. 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.
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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.
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.
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 be applied, 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.
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II. CALENDAR OF EVENTS (ALL DATES ARE TENTATIVE AND SUBJECT TO
CHANGE):
Event Date
Issue RFCSP October 10, 2024
Pre-proposal Conference November 7, 2024
Deadline for receipt of questions via IonWave November 8, 2024
Issue Addenda (if required) November 12, 2024
Proposal Due Date November 21, 2024
Approval from Region 4 ESC February 25, 2025
Contract Effective Date March 1, 2025
RFCSP Page 11
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. Restricted and Prohibited Communications with Region 4 ESC: During the period between the date
Region 4 ESC issues this RFCSP 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 RFCSP, 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 RFCSP 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 RFCSP
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 RFCSP process. Except as provided in the above
stated exceptions, the following communications regarding this RFCSP 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:
• Communications with Region 4 ESC’s purchasing staff specifically named and
authorized to conduct and receive such communications under this RFCSP 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
RFCSP Page 12
Board policies, on a matter other than this RFCSP or in connection with a presentation
requested by Region 4 ESC’s representatives.
3. 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.
4. Additional Agreements: If an Offeror requires additional agreements. i.e. master service
agreement, end user licensing agreement, etc. a copy of the proposed agreement must be
included with proposal. Any additional agreements provided by the Offeror are complimentary
to the terms and conditions stated herein are for the use of Participating Agencies and shall
not replace Appendix A
5. Open Records Policy: Proposals submitted in response to this RFCSP 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.
6. 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 RFCSP.
c) Offeror is not currently delinquent in the payment of any franchise taxes.
d) The individual signing the submittal is an authorized agent for the Offeror and has the
authority to bind the Offeror to the Contract.
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7. 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 RFCSP, 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.
8. 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 RFCSP 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 RFCSP, extend the deadline for submission of proposals,
or withdraw the RFCSP 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 RFCSP.
9. 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.
10. 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
withdrawal request has been accepted unless, and until, they receive written acknowledgment
and acceptance of their proposal withdrawal.
11. Offer and Acceptance Period: In order to allow for an adequate evaluation, Region 4 ESC
requires a proposal in response to this RFCSP to be valid and irrevocable for one-hundred
twenty (120) days after the proposal due date and time.
12. 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.
13. 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 RFCSP requirements.
RFCSP Page 14
14. 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).
15. 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.
16. 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.
17. 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.
18. 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.
19. 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 RFCSP response eliminates the need
for a formal signing process.
RFCSP Page 15
20. 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.
21. 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.
22. 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 Jorgannie Carter, 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 RFCSP 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.
RFCSP Page 16
IV. EVALUATION PROCESS AND CRITERIA
1. 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. In evaluating the responses, the following predetermined criteria is considered:
a) Price (40 Points)
b) Offeror’s Experience and Reputation (30 Points)
c) Offeror’s Proposed Personnel (20 Points)
d) Offeror’s Financial Capability is Appropriate to the Size and Scope of the Project (10
Points)
2. Offeror’s proposal should, at a minimum, include the following for Region 4 ESC’s evaluation:
a) Price
i. The proposal with the lowest coefficient for Texas Statewide Normal Working
Hours (7:00 am - 6:00 pm, Monday-Friday) will receive forty (40) points (see
Appendix D). Proposals will receive a percentage of the forty (40) points based on
a comparison with the lowest coefficient price proposal for Normal Working Hours
as described below in this subsection (i).
Computation Steps:
Step 1. Determine lowest coefficient for Texas Statewide Normal Working
Hours and award 40 points for price.
Step 2. Calculate the ratio between the lowest coefficient for Texas
Statewide Normal Working Hours and each proposal. Multiply the ratio by 40
to obtain the points earned.
Offeror must submit a “Coefficient” to cover general, administrative, and other
overhead costs, not included in the Unit Price Book (“UPB”), which for the
purposes of this contract is the RSMeans Construction Procurement Catalog,
including all updates. The Offeror’s “Coefficient” is a numerical value, to two (2)
decimal places, that the Offeror proposes as a multiplier to the UPB, after Texas’
Cost Index Adjustment.
Offerors are required to submit its Coefficient for both Normal Working Hours
(7:00 am - 6:00 pm, Monday-Friday) and Non-Normal Working Hours (6:00 pm -
7:00 am, Monday-Friday, Holidays and Weekends) as required in the Price
Proposal Form (Appendix D).
ii. Offeror’s shall provide Normal Working Hours and Non-Normal Working Hours
coefficients for additional regions and/or cities outside of Texas where they are
able to perform their normal course of business.
iii. Offeror’s proposed coefficient(s) shall remain the same throughout the term of the
contract and at all renewal options.
RFCSP Page 17
iv. Offeror shall provide pricing and information about any and all products or services
available in any and all states that they currently perform in their normal course of
business. Include any fees, warranties, discounts, or rebates available.
v. For any products or services being offered outside of the UPB and general Job
Order Contracting Services, 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.
vi.
vii. Describe how future product introductions will be priced and align with Contract
pricing proposed.
viii. Additional pricing and/or discounts may be included. Products and services
proposed are to be priced separately with all ineligible items identified.
ix. Provide any additional information relevant to this section.
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.
b) Offeror’s Experience and Reputation
i. Include a detailed response to Appendix E, 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 E, 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
Administration Agreement by providing a redlined copy of Appendix E, Exhibit B,
OMNIA Partners Administration Agreement.
iii. Include completed Appendix E, Exhibits F. Federal Funds Certifications and G.
New Jersey Business Compliance.
iv. Describe how Offeror responds to emergency orders.
v. If Offeror is a provider of disaster and non-disaster, mitigation, or restoration
services, describe the products and services provided under this service. Describe
RFCSP Page 18
Offeror’s pricing for these products and services and if they can be covered under
the UPB; if no, describe any alternative or separate pricing for these
products/services.
vi. Describe Offeror’s ability to meet service and warranty needs.
vii. Describe Offeror’s customer service/problem resolution process. Include hours of
operation, number of services, etc.
viii. 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.
ix. Describe Offeror’s contract implementation/customer transition plan.
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. Indicate whether the Offeror is or has ever been debarred.
xiii. Offeror’s reputation in the marketplace.
xiv. Reputation of products and services in the marketplace.
xv. Indicate any proposed subcontractors, their description of work, and an estimate
of the contract amount that would go to each proposed subcontractor (estimate
should be expressed in a percentage).
xvi. Provide 5 successful contracts or completed individual job orders performed within
the last 5 years performing job order contracting services; indicate which, if any,
were contracted with public agencies. No more than 2 of the 5 contracts are to
have been performed by subcontractors proposed as part of the response to this
solicitation. Contracts are to provide reference information that at a minimum
includes: entity name who performed the contract (whether it was the Offer or a
proposed sub-contractor), contact name of the primary customer reference of the
contract, contact’s title, previously verified contact phone and email, location (city
and state) of where the work was performed, description of services, start and end
date of the contract, aggregate contract price, key employees, any safety issues,
and any change orders, and whether the work is for a contract or completed
individual job order. If Offeror chooses to submit a completed job order instead of
a contract to show their experience, Offeror cannot choose more than 1 individual
job order per contract. If Offeror chooses to submit a contract that has not been
completed, contracts should be ongoing for at least 1 year. Offerors should not
submit for an individual job order that has not been completed.
xvii. Provide any additional information relevant to this section.
c) Offeror’s Proposed Personnel
i. Provide an organizational chart that include leadership, key personnel, and
subcontractors. Describe the experience and qualification of key proposed
personnel to include a resume for each employee the Offeror deems as key. Each
resume should at a minimum include: name of personnel, proposed title and role
RFCSP Page 19
as it relates to the scope of work identified in this solicitation, and past work
experience to include any experience working in the government sector. Resumes
should be no more than 1 page each and may include subcontractor employees.
For key proposed personnel who are subcontractors, the word ‘subcontractor’ and
the name of the subcontractor should be identified at the top of their resume.
ii. Identify any proposed personnel who worked on the projects listed under section
xviii., of b. Offeror’s Experience and Reputation, and describe which projects they
worked on and their role in the project.
iii. For the full product and service offering, indicate if any
distributors/dealers/resellers/subsidiaries/partners (“affiliates”) will be used to fulfill
the contract. If applicable, submit a list of those affiliates authorized to sell under
the proposed contract. Where and how does Offeror propose to maintain an
authorized affiliate list so it may be accessed by Participating Agencies? How often
does the supplier propose to update the affiliate list? Confirm the Offeror reviews
the financial health, debarment status and overall general capacity of authorized
affiliates. Offerors who use authorized affiliates are responsible for ensuring
authorized affiliates are performing in accordance with the contract.
iv. Provide any additional information relevant to this section.
d) Offeror’s Financial Capability is Appropriate to the Size and Scope of the Project
i. Provide a statement of the Company’s bonding capacity from a state licensed
surety company or companies holding a Certificate of Authority to transact
business in the state where the work will be performed. These will be required for
each Task Order issued throughout the contract period.
ii. Describe past litigation, bankruptcy, reorganization, state investigations of entity or
current officers and directors.
iii. List all projects in the last 5 years that have gone to claim, litigation, the Owner’s
decision, mediation or arbitration with the Owner. List outcome of the Owner’s
decision, litigation or arbitration. List any construction projects Offeror failed to
complete because of financial reasons, labor disputes, failure of your employees
to perform, or any other reason.
iv. Company’s Dun & Bradstreet (D&B) number.
v. Provide a statement to the Company’s insurability from a company or companies
lawfully authorized to transact insurance business in the state where the work will
be performed and rated at least B++6 in the company’s current A.M. Best
Company rating. The awarded JOC Contractor will be required to furnish a
certificate(s) of insurance meeting minimum insurance requirements including:
• Commercial General Liability $1,000,000 each occurrence
• $2,000,000 Products/Completed Operations
• $2,000,000 General Aggregate
• Automotive Liability $1,000,000 each occurrence
RFCSP Page 20
• Workers’ Compensation $1,000,000 each accident
• $1,000,000 disease for each employee
• $1,000,000 disease policy limit
• Builders’ Risk (Property) Required for all individual job orders over
$100,000 – for the amount of the job order
vi. 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 RFCSP.
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.
RFCSP Page 21
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 Competitive Sealed Proposals Number ______
for _______ (“RFCSP”), 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 RFCSP 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 initial term of the Contract is for a period of two (2) years unless
terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the
right in its sole discretion to renew the Contract for an additional term of up to three (3) years
or for a lesser period of time as determined by Region 4 ESC by providing written notice to
the Contractor of Region 4 ESC’s intent to renew thirty (30) days prior to the expiration of the
original term. Contractor acknowledges and understands Region 4 ESC is under no obligation
whatsoever to extend the term of this Contract. Notwithstanding the forgoing paragraph, the
term of the Contract, including any extension of the original term, shall be further extended
until the expiration of any Purchase Order issued under the Contract for a period of up to one
year beyond the Contract term.
2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this
agreement, and described in the RFCSP, incorporated herein by reference as though fully set
forth herein.
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3) Form of Contract. The form of Contract shall be the RFCSP, 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. RFCSP 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.
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;
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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
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.
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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 for a period of up to one year beyond the term 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.
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
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4
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
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
CONTRACT
5
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.
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
6
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
RFCSP 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 RFCSP shall
prevail.
Check one of the following responses:
Offeror takes no exceptions to the terms and conditions of the RFCSP 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 RFCSP 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 RFCSP 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 RFCSP 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
DOC #6 Questionnaire
DOC #7 Bid Guarantee
DOC #8 Price Proposal Form (Appendix D)
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 C, DOC # 6
QUESTIONNAIRE
Please provide responses to the following questions that address your company’s operations,
organization, structure and processes for providing products and services.
1. Coverage
Has a list of states, where services are being offered, been attached to the end of this
Questionnaire? For each state where services are offered, provide where services are being
offered and applicable licenses; attach documents to the end of this Questionnaire.
Yes No
Does your company cover all areas within the state of Texas? If not, provide a list of all
counties where services are being offered and attach to the end of this Questionnaire.
Yes No
2. Trades
Indicate which trades are being offered under the Job Order Contracting program:
General Construction
Mechanical, Electrical, and Plumbing
Civil/Site Construction
Other: _________________________________________________________
3. Disaster and Non-Disaster Products and Services
• Are disaster and non-disaster, mitigation, or restoration services being offered?:
Yes No
4. Diversity Programs
• Do you currently have a diversity program or any diversity partners that you do
business with? Yes No
(If the answer is yes, attach a statement detailing the structure of your program, along with
a list of your diversity alliances and a copy of their certifications.)
5. Diverse Vendor Certification Participation
Region 4 ESC encourages the use of under-utilized businesses (HUB), minority and women
business enterprises (MWBE), and small and/or disadvantages business enterprises (SBE)
both as prime and subcontractors. Offerors shall indicate below whether or not they and/or
any of their subcontractors (and if so which) hold certification in any of the classified areas
and include proof of such certification with their response.
a. Minority Women Business Enterprise
Respondent certifies that this firm is an MWBE Yes No
List certifying agency: _______________________________________________
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE)
Respondent certifies that this firm is a SBE or DBE Yes No
List certifying agency: _______________________________________________
c. Historically Underutilized Businesses (HUB)
Respondent certifies that this firm is a HUB Yes No
List certifying agency: _______________________________________________
d. Historically Underutilized Business Zone Enterprise (HUBZone)
Respondent certifies that this firm is a HUBZone Yes No
List certifying agency: _______________________________________________
e. Other
Respondent certifies that this firm is a recognized diversity Yes No
certificate holder
List certifying agency: _______________________________________________
6. Has Offeror made and is Offeror committed to continuing to take all affirmative steps set forth in
2 CFR 200.321 as it relates to the scope of work outlined in this solicitation? Yes No
Appendix C, DOC # 7
Bid Guarantee
Version January 17, 2024
Appendix C, DOC # 8
Appendix D
Price Proposal Form
Contractors are to submit a proposal for a statewide coefficient. The matrix below is set-up with
two (2) columns that address the following:
• COEFFICIENTS NORMAL WORKING HOURS; the priced coefficients for each region that you
are willing to work in shall be listed for regular hours (7:00 am - 6:00 pm, Monday-Friday); and
• COEFFICENT NON-NORMAL WORKING HOURS; the priced coefficient for each region that
you are willing to work for weekends, holidays and hours outside of regular working hours. The
coefficient must be rounded to the nearest second decimal place, e.g. .793 would be rounded
to .79.
If Contractors wish to offer states outside of the state of Texas under this RFCSP, they may add
additional lines as necessary to the table below.
Region 4 ESC reserves the right to add additional pricing books as deemed necessary.
Coefficients:
Normal Working Non-Normal Working
Hours Coefficient Hours Coefficient
Note: Provide coefficients for any additional states offered.
Not to Exceed Pricing
• Region 4 ESC requests pricing be submitted as not to exceed for any participating entity.
• Unlike fixed pricing the awarded vendor can adjust submitted pricing lower if needed but,
cannot exceed original pricing submitted for solicitation.
• Participating Public Agencies may require that Contractors use the City Cost Index to
calculate pricing and may require that the Contractor confirm that the proper City Cost Index
is applied with a representative of the member agency.
APPENDIX E
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 Supplier’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 October 4, 2024
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
The Region 4 Education Service Center (ESC) (hereinafter defined and referred to as
“Principal Procurement Agency”), on behalf of itself and OMNIA Partners, Public
Sector, Inc., a Delaware corporation (“OMNIA Partners”), is requesting proposals
for Job Order Contracting 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 October 4, 2024
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
Version October 4, 2024
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:
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 2% 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 $200M 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 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,
Version October 4, 2024
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 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 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 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
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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
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
As part of the attributes in Ion Wave, Offeror’s are to supply the following information, to
the best of their ability, in order for the Principal Procurement Agency to determine the
Offeror’s ability 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.
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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;
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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
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. Given the public nature of the solicitation and contract, OMNIA Partners makes
solicitation and contract documentation, including pricing documents, available on
its website so Participating Public Agencies may easily conduct their due
diligence. Describe any portions of the response that should not be available on the
website and why those portions should not be available.
B. 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
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C. 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
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
D. 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.
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E. 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.
F. 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
G. 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
H. 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
I. 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.
J. 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.
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K. 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.
L. 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.
M. 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”).
$_______.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.
N. 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 October 4, 2024
Exhibit B
Administration Agreement, Example
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this ___ day of
______ 20__, between OMNIA Partners, Public Sector, Inc., a Delaware corporation (“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.
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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. Furthermore, 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.
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. Supplier acknowledges that, in connection with its access to OMNIA Partners
confidential information and/or supply of data to OMNIA Partners, when applicable, 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
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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 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 6 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.
7. 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
8. This Agreement shall be in effect so long as the Master Agreement remains in effect,
provided, however, that the provisions of Sections 3 – 7 and 10 – 21, 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
9. 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.
10. 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
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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 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
11. An “Administrative Fee” shall be defined and due to OMNIA Partners from Supplier
in the amount of two percent (2%) (“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.
12. 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.
13. Administrative Fee payments are to be paid by Supplier to OMNIA Partners at the
frequency and on the due date stated in Section 12, 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.
14. 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 material 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’
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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
15. 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.
16. 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.
17. 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.
18. 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:
____________________
____________________
____________________
____________________
19. 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.
20. 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
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deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply
to any other occasion.
21. 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.
22. 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.
23. 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 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] OMNIA PARTNERS, PUBLIC
SECTOR, INC.
Signature Signature
Sarah E. Vavra
Name Name
Sr. Vice President, Public Sector
Contracting
Title Title
Date Date
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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 OMNIA Partners, Public Sector, Inc., a
Delaware corporation f/k/a National Intergovernmental Purchasing Alliance Company;
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 agencies (“Participating Public
Agencies”), as defined in each Master Agreement (as defined below), 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
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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 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:
OMNIA PARTNERS, PUBLIC SECTOR,
INC.
Authorized Signature Signature
Sarah E. Vavra
Name Name
Sr. Vice President, Public Sector Contracting
Title and Agency Name Title
Date Date
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Exhibit D
Principal Procurement Agency Certificate, Example
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a Principal Procurement Agency (as defined below) for OMNIA Partners, Public
Sector, Inc., a Delaware corporation (“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 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.
(a) Definitions. As used in this provision—
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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
(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.
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(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
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of
2018 (50 U.S.C. 4817).
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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.
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(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 Agency expends federal funds for any
purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases,
awarded by the Participating Agency and the Participating 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 Agency expends federal funds, the Participating Agency reserves all
rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract
by either party.
Does offeror agree? YES Initials of Authorized Representative of
offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the
right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a
breach or default of the agreement by Offeror as detailed in the terms of the contract.
Does offeror agree? YES Initials of Authorized Representative of
offeror
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet 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 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 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
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Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency.
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all
contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.
Does offeror agree? YES Initials of Authorized Representative of offeror
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by
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 Agency expends federal funds, offeror certifies that offeror will be in
compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for
all contracts by Participating Agency resulting from this procurement process.
Does offeror agree? YES Initials of Authorized Representative of offeror
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “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 Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to
comply with all applicable requirements as referenced in Federal Rule (F) above.
Does offeror agree? YES Initials of Authorized Representative of offeror
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), 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.
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror
agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does offeror agree? YES Initials of Authorized Representative of offeror
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(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 Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals
becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any
federal department or agency, the offeror will notify the Participating Agency.
Does offeror agree? YES Initials of Authorized Representative of offeror
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
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 Agency, the offeror certifies that during
the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement
process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31
U.S.C. 1352). The undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Federal 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 Federal 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 of Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
(3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language
of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify
and disclose accordingly.
Does offeror agree? YES Initials of Authorized Representative of offeror
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RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror
certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that
offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees
submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that
it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
Does offeror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit
Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to
provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.
Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and
open competition. Additionally:
(1) The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not
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 TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) -
BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK
CERTIFICATE OF COMPLIANCE
(select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49
CFR 661.11.
Check for YES:
OR
Certificate of Non-Compliance with 49 USC §5323(j)
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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 TRASIT 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 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
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COMMUNITY DEVELOPMENT BLOCK GRANTS
Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work may include
Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing
and Urban Development. When such funding is provided, Offeror shall comply with all terms, conditions and requirements
enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever
is the more restrictive requirement. When using Federal Funding, Offeror shall comply with all wage and latest reporting provisions
of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract.
Does offeror agree? YES Initials of Authorized Representative of 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: _____________________________
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FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where
products and services are needed for the immediate and initial response to emergency situations such as,
but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage
decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By
submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special
Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities.
“Contract” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL
CONDITIONS is also referred to and defined as the “Master Agreement”.
“Contractor” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL
CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.
Conflicts of 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 Socioeconomic 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
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
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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).
b. Key Definitions.
i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-
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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
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.
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(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
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
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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, intercity Passenger Rail Program, and Rehabilitation of High Hazard Potential
Dams 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
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
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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:
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.
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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.
(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
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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,
developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
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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.
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
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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.
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. §
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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
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
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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
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, 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 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. The contractor shall include this
provision in any subcontracts”.
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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.”
d. In the event FTA or DOT funding is used by a Participating Public Agency, Contractor further
acknowledges U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, and apply
to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make,
or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which
this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes,
or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification,
the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
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Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected
with a project that is financed in whole or in part with Federal assistance originally awarded by FTA
under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties
of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except
to identify the subcontractor who will be subject to the provisions.
19. CLEAN WATER STATE REVOLVING FUNDS (CWSRF) AND DRINKING WATER STATE REVOLVING
FUNDS (DWSRF)
Should agencies be utilizing Clean Water State Revolving or Drinking Water State Revolving Funds, the
following may apply as indicated by the Participating Public Agency:
a. Neither the State, the U.S. EPA, nor any of its departments, agencies, or employees, are or will
be a party to resulting work or local agreements when CWSRF or DWSRF are utilized.
b. All laborers and mechanics employed by contractors and subcontractors on projects on projects
funded directly by or assisted in whole or in part by and through the Clean Water State
Revolving Funds (CWSRF) or the Drinking Water State Revolving Funds (DWSRF) shall be paid
wages at rates not less than those prevailing on projects of a character similar in the locality as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40,
United States Code. Wages to be paid on this project will be governed by the Department of
Labor Wage General Decision or Decisions included in the bid documents for this project.
c. Equal Opportunity in Employment – All qualified applicants will receive consideration for
employment without regard to race, color, religion, sex (including pregnancy), sexual orientation,
gender identity, national origin, age (40 or older), disability or genetic information. Bidders on this
work will be required to comply with the Department of Labor regulations at 41 CFR Part 60-4,
relating to Construction Contractors -- Affirmative Action Requirements, which include the
President's Executive Order No. 11246, as amended by Executive Order 11375 and Executive
Order No. 13672, in the award and administration of contracts awarded under TWDB financial
assistance agreements. Failure by the Contractor to carry out these requirements is a material
breach, which may result in the termination of the awarded financial assistance.
d. Contractors shall comply with all record keeping and reporting requirements under the Clean
Water Act/Safe Drinking Water Act, including any reports required by a Federal agency or the
Finance Authority such as performance indicators of program deliverables, information on costs
and project progress. The Participate understands that (i) each contract and subcontract related
to the Project is subject to audit by appropriate federal and state entities and (ii) failure to comply
with the Clean Water Act/Safe Drinking Water Act and this Agreement may be a default
hereunder that results in a repayment of the Loan in advance of the maturity of the Bonds and/or
other remedial actions. The Davis-Bacon prevailing wage requirements apply to Contractors and
Subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the
construction, alteration or repair (including painting) of a treatment works project under the
CWSRF or a construction project under the DWSRF.
e. For prime contracts in excess of $100,000, Contractors and Subcontractors must also, under the
provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and
mechanics, including guards and watchmen, at least one and one-half times their regular rate of
pay for all hours worked over 40 in a workweek. The Fair Labor Standards Act may also apply to
Davis-Bacon covered contracts.
f. Any contracts or subcontracts in excess of $2,000 must include the provisions of Davis-Bacon
Wage Rate Requirements.
Version October 4, 2024
g. Any local agreements or work awarded under this solicitation are subject to the American Iron
and Steel (AIS) requirements of Section 608 of the Federal Water Pollution Control Act if
CWSRF or DWSRF are involved. As such, the Contractor hereby represents and warrants to
and for the benefit of the Participating Public Agency that (a) the Contractor has reviewed and
understands the American Iron and Steel Requirement, (b) all of the iron and steel products
used in CWSRF or DWSRF related projects will be and/or have been produced in the United
States in a manner that complies with the American Iron and Steel Requirement, unless a waiver
of the requirement is approved, and (c) the Contractor will provide any further verified
information, certification or assurance of compliance with this paragraph, or information
necessary to support a waiver of the American Iron and Steel Requirement, as may be
requested by the Participating Public Agency. Notwithstanding any other provision of this
Agreement, any failure to comply with this paragraph by the Contractor shall permit the
Participating Public Agency to enforce this Agreement and recover as damages against the
Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the
Participating Public Agency resulting from any such failure (including without limitation any
impairment or loss of funding, whether in whole or in part.
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.
FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) SPECIAL CONDITIONS
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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 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 (a)(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
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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 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.
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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 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
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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;
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
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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, 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
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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
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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-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;
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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 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
FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) SPECIAL CONDITIONS
Version May 4, 2023
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.
FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) SPECIAL CONDITIONS
Version May 4, 2023
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
DOC #7 Certification of Non‐Involvement in Prohibited Activities in Russia or Belarus
DOC #8 New Jersey Business Registration Certificate
DOC #9 EEOAA Evidence
DOC #10 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.
Version October 4, 2024
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 Entity Home Address (for Individuals) or Business Address
Version October 4, 2024
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 Corresponding Home Address (for Individuals) or Business Address
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 (Print): Title:
Signature: Date:
DOC #2
Version October 4, 2024
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 with any other
Description:
bidder or Owner representative or otherwise taken any action in
restraint of free and competitive bidding.
Version October 4, 2024
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 October 4, 2024
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 October 4, 2024
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 October 4, 2024
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 October 4, 2024
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 October 4, 2024
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 October 4, 2024
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 October 4, 2024
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 October 4, 2024
DOC #6
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM
STATE OF NEW JERSEY
DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY
33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230
BID SOLICITATION # AND TITLE: ______________________________________________________________________
VENDOR NAME: ____________________________________________________________________________________
Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter 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. The Chapter 25 list is found on the Division’s website at
https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the
Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided
by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking
debarment or suspension of the party.
CHECK THE APPROPRIATE 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), 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.
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 State of New Jersey is relying on the information contained herein, and that the Vendor is
under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to
the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be
subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s)
resulting from this certification void and unenforceable.
____________________________________ ________________________________
Signature Date
_____________________________________________________
Print Name and Title
DPP Rev. 12.13.2021
Version October 4, 2024
DOC #7
CERTIFICATION OF NON‐INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to enter into or renew a contract with a State
agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not
the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take
any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering
damages, declaring the party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign Assets Control (OFAC) Specially
Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to
A. Russia and/or Belarus.
OR
That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals
B. and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked
Persons list. However, the Vendor is engaged in activity related to Russia and/or Belarus consistent with federal law, regulation, license
C. or exemption. A detailed description of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set
forth below.
(Attach Additional Sheets If
Necessary.)
Signature of Vendor’s Authorized Representative Date
Print Name and Title of Vendor’s Authorized Representative Vendor’s FEIN
Vendor’s Name Vendor’s Phone Number
Vendor’s Address (Street Address) Vendor’s Fax Number
Vendor’s Address (City/State/Zip Code) Vendor’s Email Address
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company, business association, sole
proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a
government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any
parent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2). NJ Rev. 1.22.2024
Version October 4, 2024
DOC #8
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 October 4, 2024
DOC #9
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.pdf
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 #10
MACBRIDE-PRINCIPLES
STATE OF NEW JERSEY
DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE
AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON,
NEW JERSEY 08625-0230
BID SOLICITATION # AND TITLE: __________________________________________________________
VENDOR NAME: _______________________________________________________________________
Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder is required to provide a certification in compliance with the MacBride Principles
and Northern Ireland Act of 1989. Pursuant to N.J.S.A. 52:34-12.2, Vendor/Bidder must complete the certification below by checking one of the
two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement
does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of
the State to award the purchase, contract or agreement to another Vendor/ Bidder that has completed the certification and has submitted a bid
within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principles that are the subject of this
law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions,
seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:
CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or
OR
The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance
with the MacBride principles of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5)
and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring
of its compliance with those principles.
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments
hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein,
and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the
State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my
contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.
Signature Date
Print Name and Title
DPP Rev. 12.13.2021
Version October 4, 2024
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 Carolina State of Texas
State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah
State of California State of Iowa State of Missouri State of Ohio State of Vermont
State of Colorado State of Kansas State of Montana State of Oklahoma Commonwealth of
Virginia
State of Connecticut Commonwealth of State of Nebraska State of Oregon State of Washington
Kentucky
State of Delaware State of Louisiana State of Nevada Commonwealth of State of West
Pennsylvania Virginia
State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin
State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming
District of Columbia U.S. Territories
Lists of political subdivisions and local governments in the above referenced states, districts, and territories may be found at
http://www.usa.gov/state-governments and https://www.usa.gov/local-governments.
Certain Public Agencies and Political Subdivisions:
CITIES, TOWNS, VILLAGES AND BOROUGHS CITY OF HILLSBORO, OR
INCLUDING BUT NOT LIMITED TO: CITY OF INDEPENDENCE, OR
BAKER CITY GOLF COURSE, OR CITY AND COUNTY OF HONOLULU, HI
CITY OF ADAIR VILLAGE, OR CITY OF KENNER, LA
CITY OF ASHLAND, OR CITY OF LA GRANDE, OR
CITY OF AUMSVILLE, OR CITY OF LAFAYETTE, LA
CITY OF AURORA, OR CITY OF LAKE CHARLES, OR
CITY OF BAKER, OR CITY OF LEBANON, OR
CITY OF BATON ROUGE, LA CITY OF MCMINNVILLE, OR
CITY OF BEAVERTON, OR CITY OF MEDFORD, OR
CITY OF BEND, OR CITY OF METAIRIE, LA
CITY OF BOARDMAN, OR CITY OF MILL CITY, OR
CITY OF BONANAZA, OR CITY OF MILWAUKIE, OR
CITY OF BOSSIER CITY, LA CITY OF MONROE, LA
CITY OF BROOKINGS, OR CITY OF MOSIER, OR
CITY OF BURNS, OR CITY OF NEW ORLEANS, LA
CITY OF CANBY, OR CITY OF NORTH PLAINS, OR
CITY OF CANYONVILLE, OR CITY OF OREGON CITY, OR
CITY OF CLATSKANIE, OR CITY OF PILOT ROCK, OR
CITY OF COBURG, OR CITY OF PORTLAND, OR
CITY OF CONDON, OR CITY OF POWERS, OR
CITY OF COQUILLE, OR CITY OF PRINEVILLE, OR
CITY OF CORVALLI, OR CITY OF REDMOND, OR
CITY OF CORVALLIS PARKS AND RECREATION CITY OF REEDSPORT, OR
DEPARTMENT, OR CITY OF RIDDLE, OR
CITY OF COTTAGE GROVE, OR CITY OF ROGUE RIVER, OR
CITY OF DONALD, OR CITY OF ROSEBURG, OR
CITY OF EUGENE, OR CITY OF SALEM, OR
CITY OF FOREST GROVE, OR CITY OF SANDY, OR
CITY OF GOLD HILL, OR CITY OF SCAPPOOSE, OR
CITY OF GRANTS PASS, OR CITY OF SHADY COVE, OR
CITY OF GRESHAM, OR CITY OF SHERWOOD, OR
Version October 4, 2024
CITY OF SHREVEPORT, LA ELMO, UT
CITY OF SILVERTON, OR ELSINORE, UT
CITY OF SPRINGFIELD, OR ELWOOD, UT
CITY OF ST. HELENS, OR EMERY, UT
CITY OF ST. PAUL, OR ENOCH, UT
CITY OF SULPHUR, LA ENTERPRISE, UT
CITY OF TIGARD, OR EPHRAIM, UT
CITY OF TROUTDALE, OR ESCALANTE, UT
CITY OF TUALATIN, OR EUREKA, UT
CITY OF WALKER, LA FAIRFIELD, UT
CITY OF WARRENTON, OR FAIRVIEW, UT
CITY OF WEST LINN, OR FARMINGTON, UT
CITY OF WILSONVILLE, OR FARR WEST, UT
CITY OF WINSTON, OR FAYETTE, UT
CITY OF WOODBURN, OR FERRON, UT
LEAGUE OF OREGON CITES FIELDING, UT
THE CITY OF HAPPY VALLEY OREGON FILLMORE, UT
ALPINE, UT FOUNTAIN GREEN, UT
ALTA, UT FRANCIS, UT
ALTAMONT, UT FRUIT HEIGHTS, UT
ALTON, UT GARDEN CITY, UT
AMALGA, UT GARLAND, UT
AMERICAN FORK CITY, UT GENOLA, UT
ANNABELLA, UT GLENDALE, UT
ANTIMONY, UT GLENWOOD, UT
APPLE VALLEY, UT GOSHEN, UT
AURORA, UT GRANTSVILLE, UT
BALLARD, UT GREEN RIVER, UT
BEAR RIVER CITY, UT GUNNISON, UT
BEAVER, UT HANKSVILLE, UT
BICKNELL, UT HARRISVILLE, UT
BIG WATER, UT HATCH, UT
BLANDING, UT HEBER CITY CORPORATION, UT
BLUFFDALE, UT HELPER, UT
BOULDER, UT HENEFER, UT
CITY OF BOUNTIFUL, UT HENRIEVILLE, UT
BRIAN HEAD, UT HERRIMAN, UT
BRIGHAM CITY CORPORATION, UT HIDEOUT, UT
BRYCE CANYON CITY, UT HIGHLAND, UT
CANNONVILLE, UT HILDALE, UT
CASTLE DALE, UT HINCKLEY, UT
CASTLE VALLEY, UT HOLDEN, UT
CITY OF CEDAR CITY, UT HOLLADAY, UT
CEDAR FORT, UT HONEYVILLE, UT
CITY OF CEDAR HILLS, UT HOOPER, UT
CENTERFIELD, UT HOWELL, UT
CENTERVILLE CITY CORPORATION, UT HUNTINGTON, UT
CENTRAL VALLEY, UT HUNTSVILLE, UT
CHARLESTON, UT CITY OF HURRICANE, UT
CIRCLEVILLE, UT HYDE PARK, UT
CLARKSTON, UT HYRUM, UT
CLAWSON, UT INDEPENDENCE, UT
CLEARFIELD, UT IVINS, UT
CLEVELAND, UT JOSEPH, UT
CLINTON CITY CORPORATION, UT JUNCTION, UT
COALVILLE, UT KAMAS, UT
CORINNE, UT KANAB, UT
CORNISH, UT KANARRAVILLE, UT
COTTONWOOD HEIGHTS, UT KANOSH, UT
DANIEL, UT KAYSVILLE, UT
DELTA, UT KINGSTON, UT
DEWEYVILLE, UT KOOSHAREM, UT
DRAPER CITY, UT LAKETOWN, UT
DUCHESNE, UT LA VERKIN, UT
EAGLE MOUNTAIN, UT LAYTON, UT
EAST CARBON, UT LEAMINGTON, UT
ELK RIDGE, UT LEEDS, UT
Version October 4, 2024
LEHI CITY CORPORATION, UT RIVERTON CITY, UT
LEVAN, UT ROCKVILLE, UT
LEWISTON, UT ROCKY RIDGE, UT
LINDON, UT ROOSEVELT CITY CORPORATION, UT
LOA, UT ROY, UT
LOGAN CITY, UT RUSH VALLEY, UT
LYMAN, UT CITY OF ST. GEORGE, UT
LYNNDYL, UT SALEM, UT
MANILA, UT SALINA, UT
MANTI, UT SALT LAKE CITY CORPORATION, UT
MANTUA, UT SANDY, UT
MAPLETON, UT SANTA CLARA, UT
MARRIOTT-SLATERVILLE, UT SANTAQUIN, UT
MARYSVALE, UT SARATOGA SPRINGS, UT
MAYFIELD, UT SCIPIO, UT
MEADOW, UT SCOFIELD, UT
MENDON, UT SIGURD, UT
MIDVALE CITY INC., UT SMITHFIELD, UT
MIDWAY, UT SNOWVILLE, UT
MILFORD, UT CITY OF SOUTH JORDAN, UT
MILLVILLE, UT SOUTH OGDEN, UT
MINERSVILLE, UT CITY OF SOUTH SALT LAKE, UT
MOAB, UT SOUTH WEBER, UT
MONA, UT SPANISH FORK, UT
MONROE, UT SPRING CITY, UT
CITY OF MONTICELLO, UT SPRINGDALE, UT
MORGAN, UT SPRINGVILLE, UT
MORONI, UT STERLING, UT
MOUNT PLEASANT, UT STOCKTON, UT
MURRAY CITY CORPORATION, UT SUNNYSIDE, UT
MYTON, UT SUNSET CITY CORP, UT
NAPLES, UT SYRACUSE, UT
NEPHI, UT TABIONA, UT
NEW HARMONY, UT CITY OF TAYLORSVILLE, UT
NEWTON, UT TOOELE CITY CORPORATION, UT
NIBLEY, UT TOQUERVILLE, UT
NORTH LOGAN, UT TORREY, UT
NORTH OGDEN, UT TREMONTON CITY, UT
NORTH SALT LAKE CITY, UT TRENTON, UT
OAK CITY, UT TROPIC, UT
OAKLEY, UT UINTAH, UT
OGDEN CITY CORPORATION, UT VERNAL CITY, UT
OPHIR, UT VERNON, UT
ORANGEVILLE, UT VINEYARD, UT
ORDERVILLE, UT VIRGIN, UT
OREM, UT WALES, UT
PANGUITCH, UT WALLSBURG, UT
PARADISE, UT WASHINGTON CITY, UT
PARAGONAH, UT WASHINGTON TERRACE, UT
PARK CITY, UT WELLINGTON, UT
PAROWAN, UT WELLSVILLE, UT
PAYSON, UT WENDOVER, UT
PERRY, UT WEST BOUNTIFUL, UT
PLAIN CITY, UT WEST HAVEN, UT
PLEASANT GROVE CITY, UT WEST JORDAN, UT
PLEASANT VIEW, UT WEST POINT, UT
PLYMOUTH, UT WEST VALLEY CITY, UT
PORTAGE, UT WILLARD, UT
PRICE, UT WOODLAND HILLS, UT
PROVIDENCE, UT WOODRUFF, UT
PROVO, UT WOODS CROSS, UT
RANDOLPH, UT
REDMOND, UT COUNTIES AND PARISHES INCLUDING BUT NOT
RICHFIELD, UT LIMITED TO:
RICHMOND, UT ASCENSION PARISH, LA
RIVERDALE, UT ASCENSION PARISH, LA, CLEAR OF COURT
RIVER HEIGHTS, UT CADDO PARISH, LA
Version October 4, 2024
CALCASIEU PARISH, LA WHEELER COUNTY, OR
CALCASIEU PARISH SHERIFF’S OFFICE, LA YAMHILL COUNTY, OR
CITY AND COUNTY OF HONOLULU, HI COUNTY OF BOX ELDER, UT
CLACKAMAS COUNTY, OR COUNTY OF CACHE, UT
CLACKAMAS COUNTY DEPT OF TRANSPORTATION, COUNTY OF RICH, UT
OR COUNTY OF WEBER, UT
CLATSOP COUNTY, OR COUNTY OF MORGAN, UT
COLUMBIA COUNTY, OR COUNTY OF DAVIS, UT
COOS COUNTY, OR COUNTY OF SUMMIT, UT
COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF DAGGETT, UT
COUNTY OF HAWAII, OR COUNTY OF SALT LAKE, UT
CROOK COUNTY, OR COUNTY OF TOOELE, UT
CROOK COUNTY ROAD DEPARTMENT, OR COUNTY OF UTAH, UT
CURRY COUNTY, OR COUNTY OF WASATCH, UT
DESCHUTES COUNTY, OR COUNTY OF DUCHESNE, UT
DOUGLAS COUNTY, OR COUNTY OF UINTAH, UT
EAST BATON ROUGE PARISH, LA COUNTY OF CARBON, UT
GILLIAM COUNTY, OR COUNTY OF SANPETE, UT
GRANT COUNTY, OR COUNTY OF JUAB, UT
HARNEY COUNTY, OR COUNTY OF MILLARD, UT
HARNEY COUNTY SHERIFFS OFFICE, OR COUNTY OF SEVIER, UT
HAWAII COUNTY, HI COUNTY OF EMERY, UT
HOOD RIVER COUNTY, OR COUNTY OF GRAND, UT
JACKSON COUNTY, OR COUNTY OF BEVER, UT
JEFFERSON COUNTY, OR COUNTY OF PIUTE, UT
JEFFERSON PARISH, LA COUNTY OF WAYNE, UT
JOSEPHINE COUNTY GOVERNMENT, OR COUNTY OF SAN JUAN, UT
LAFAYETTE CONSOLIDATED GOVERNMENT, LA COUNTY OF GARFIELD, UT
LAFAYETTE PARISH, LA COUNTY OF KANE, UT
LAFAYETTE PARISH CONVENTION & VISITORS COUNTY OF IRON, UT
COMMISSION COUNTY OF WASHINGTON, UT
LAFOURCHE PARISH, LA
KAUAI COUNTY, HI OTHER AGENCIES INCLUDING ASSOCIATIONS,
KLAMATH COUNTY, OR BOARDS, DISTRICTS, COMMISSIONS, COUNCILS,
LAKE COUNTY, OR PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT
LANE COUNTY, OR AUTHORITIES, RESERVATIONS AND UTILITIES
LINCOLN COUNTY, OR INCLUDING BUT NOT LIMITED TO:
LINN COUNTY, OR ADAIR R.F.P.D., OR
LIVINGSTON PARISH, LA ADEL WATER IMPROVEMENT DISTRICT, OR
MALHEUR COUNTY, OR ADRIAN R.F.P.D., OR
MAUI COUNTY, HI AGNESS COMMUNITY LIBRARY, OR
MARION COUNTY, SALEM, OR AGNESS-ILLAHE R.F.P.D., OR
MORROW COUNTY, OR AGRICULTURE EDUCATION SERVICE EXTENSION
MULTNOMAH COUNTY, OR DISTRICT, OR
MULTNOMAH COUNTY BUSINESS AND ALDER CREEK-BARLOW WATER DISTRICT NO. 29,
COMMUNITY SERVICES, OR OR
MULTNOMAH COUNTY SHERIFFS OFFICE, OR ALFALFA FIRE DISTRICT, OR
MULTNOMAH LAW LIBRARY, OR ALSEA R.F.P.D., OR
ORLEANS PARISH, LA ALSEA RIVIERA WATER IMPROVEMENT DISTRICT,
PLAQUEMINES PARISH, LA OR
POLK COUNTY, OR AMITY FIRE DISTRICT, OR
RAPIDES PARISH, LA ANTELOPE MEADOWS SPECIAL ROAD DISTRICT, OR
SAINT CHARLES PARISH, LA APPLE ROGUE DISTRICT IMPROVEMENT COMPANY,
SAINT CHARLES PARISH PUBLIC SCHOOLS, LA OR
SAINT LANDRY PARISH, LA APPLEGATE VALLEY R.F.P.D. #9, OR
SAINT TAMMANY PARISH, LA ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT,
SHERMAN COUNTY, OR OR
TERREBONNE PARISH, LA ARCH CAPE SANITARY DISTRICT, OR
TILLAMOOK COUNTY, OR ARNOLD IRRIGATION DISTRICT, OR
TILLAMOOK COUNTY SHERIFF'S OFFICE, OR ASH CREEK WATER CONTROL DISTRICT, OR
TILLAMOOK COUNTY GENERAL HOSPITAL, OR ATHENA CEMETERY MAINTENANCE DISTRICT, OR
UMATILLA COUNTY, OR AUMSVILLE R.F.P.D., OR
UNION COUNTY, OR AURORA R.F.P.D., OR
WALLOWA COUNTY, OR AZALEA R.F.P.D., OR
WASCO COUNTY, OR BADGER IMPROVEMENT DISTRICT, OR
WASHINGTON COUNTY, OR BAILEY-SPENCER R.F.P.D., OR
WEST BATON ROUGE PARISH, LA BAKER COUNTY LIBRARY DISTRICT, OR
Version October 4, 2024
BAKER R.F.P.D., OR BUNKER HILL SANITARY DISTRICT, OR
BAKER RIVERTON ROAD DISTRICT, OR BURLINGTON WATER DISTRICT, OR
BAKER VALLEY IRRIGATION DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR
BAKER VALLEY S.W.C.D., OR BURNT RIVER S.W.C.D., OR
BAKER VALLEY VECTOR CONTROL DISTRICT, OR CALAPOOIA R.F.P.D., OR
BANDON CRANBERRY WATER CONTROL DISTRICT, CAMAS VALLEY R.F.P.D., OR
OR CAMELLIA PARK SANITARY DISTRICT, OR
BANDON R.F.P.D., OR CAMMANN ROAD DISTRICT, OR
BANKS FIRE DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR
BANKS FIRE DISTRICT #13, OR CANBY AREA TRANSIT, OR
BAR L RANCH ROAD DISTRICT, OR CANBY R.F.P.D. #62, OR
BARLOW WATER IMPROVEMENT DISTRICT, OR CANBY UTILITY BOARD, OR
BASIN AMBULANCE SERVICE DISTRICT, OR CANNON BEACH R.F.P.D., OR
BASIN TRANSIT SERVICE TRANSPORTATION CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR
DISTRICT, OR CAPE FERRELO R.F.P.D., OR
BATON ROUGE WATER COMPANY CAPE FOULWEATHER SANITARY DISTRICT, OR
BAY AREA HEALTH DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR
BAYSHORE SPECIAL ROAD DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR
BEAR VALLEY SPECIAL ROAD DISTRICT, OR CASCADE VIEW ESTATES TRACT 2, OR
BEAVER CREEK WATER CONTROL DISTRICT, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR
BEAVER DRAINAGE IMPROVEMENT COMPANY, CEDAR TRAILS SPECIAL ROAD DISTRICT, OR
INC., OR CEDAR VALLEY - NORTH BANK R.F.P.D., OR
BEAVER SLOUGH DRAINAGE DISTRICT, OR CENTRAL CASCADES FIRE AND EMS, OR
BEAVER SPECIAL ROAD DISTRICT, OR CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA
BEAVER WATER DISTRICT, OR CENTRAL LINCOLN P.U.D., OR
BELLE MER S.I.G.L. TRACTS SPECIAL ROAD CENTRAL OREGON COAST FIRE & RESCUE
DISTRICT, OR DISTRICT, OR
BEND METRO PARK AND RECREATION DISTRICT CENTRAL OREGON INTERGOVERNMENTAL
BENTON S.W.C.D., OR COUNCIL
BERNDT SUBDIVISION WATER IMPROVEMENT CENTRAL OREGON IRRIGATION DISTRICT, OR
DISTRICT, OR CHAPARRAL WATER CONTROL DISTRICT, OR
BEVERLY BEACH WATER DISTRICT, OR CHARLESTON FIRE DISTRICT, OR
BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, CHARLESTON SANITARY DISTRICT, OR
LA CHARLOTTE ANN WATER DISTRICT, OR
BIG BEND IRRIGATION DISTRICT, OR CHEHALEM PARK & RECREATION DISTRICT, OR
BIGGS SERVICE DISTRICT, OR CHEHALEM PARK AND RECREATION DISTRICT
BLACK BUTTE RANCH DEPARTMENT OF POLICE CHEMULT R.F.P.D., OR
SERVICES, OR CHENOWITH WATER P.U.D., OR
BLACK BUTTE RANCH R.F.P.D., OR CHERRIOTS, OR
BLACK MOUNTAIN WATER DISTRICT, OR CHETCO COMMUNITY PUBLIC LIBRARY DISTRICT,
BLODGETT-SUMMIT R.F.P.D., OR OR
BLUE MOUNTAIN HOSPITAL DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR
BLUE MOUNTAIN TRANSLATOR DISTRICT, OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR
BLUE RIVER PARK & RECREATION DISTRICT, OR CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR
BLUE RIVER WATER DISTRICT, OR CHR DISTRICT IMPROVEMENT COMPANY, OR
BLY R.F.P.D., OR CHRISTMAS VALLEY DOMESTIC WATER DISTRICT,
BLY VECTOR CONTROL DISTRICT, OR OR
BLY WATER AND SANITARY DISTRICT, OR CHRISTMAS VALLEY PARK & RECREATION
BOARDMAN CEMETERY MAINTENANCE DISTRICT, DISTRICT, OR
OR CHRISTMAS VALLEY R.F.P.D., OR
BOARDMAN PARK AND RECREATION DISTRICT CITY OF BOGALUSA SCHOOL BOARD, LA
BOARDMAN R.F.P.D., OR CLACKAMAS COUNTY FIRE DISTRICT #1, OR
BONANZA BIG SPRINGS PARK & RECREATION CLACKAMAS COUNTY SERVICE DISTRICT #1, OR
DISTRICT, OR CLACKAMAS COUNTY VECTOR CONTROL
BONANZA MEMORIAL PARK CEMETERY DISTRICT, DISTRICT, OR
OR CLACKAMAS RIVER WATER
BONANZA R.F.P.D., OR CLACKAMAS RIVER WATER, OR
BONANZA-LANGELL VALLEY VECTOR CONTROL CLACKAMAS S.W.C.D., OR
DISTRICT, OR CLATSKANIE DRAINAGE IMPROVEMENT
BORING WATER DISTRICT #24, OR COMPANY, OR
BOULDER CREEK RETREAT SPECIAL ROAD CLATSKANIE LIBRARY DISTRICT, OR
DISTRICT, OR CLATSKANIE P.U.D., OR
BRIDGE R.F.P.D., OR CLATSKANIE PARK & RECREATION DISTRICT, OR
BROOKS COMMUNITY SERVICE DISTRICT, OR CLATSKANIE PEOPLE'S UTILITY DISTRICT
BROWNSVILLE R.F.P.D., OR CLATSKANIE R.F.P.D., OR
BUELL-RED PRAIRIE WATER DISTRICT, OR CLATSOP CARE CENTER HEALTH DISTRICT, OR
BUNKER HILL R.F.P.D. #1, OR CLATSOP COUNTY S.W.C.D., OR
Version October 4, 2024
CLATSOP DRAINAGE IMPROVEMENT COMPANY #15, CURRY PUBLIC LIBRARY DISTRICT, OR
INC., OR DALLAS CEMETERY DISTRICT #4, OR
CLEAN WATER SERVICES DARLEY DRIVE SPECIAL ROAD DISTRICT, OR
CLEAN WATER SERVICES, OR DAVID CROCKETT STEAM FIRE COMPANY #1, LA
CLOVERDALE R.F.P.D., OR DAYS CREEK R.F.P.D., OR
CLOVERDALE SANITARY DISTRICT, OR DAYTON FIRE DISTRICT, OR
CLOVERDALE WATER DISTRICT, OR DEAN MINARD WATER DISTRICT, OR
COALEDO DRAINAGE DISTRICT, OR DEE IRRIGATION DISTRICT, OR
COBURG FIRE DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT
COLESTIN RURAL FIRE DISTRICT, OR COMPANY, OR
COLTON R.F.P.D., OR DELL BROGAN CEMETERY MAINTENANCE
COLTON WATER DISTRICT #11, OR DISTRICT, OR
COLUMBIA 911 COMMUNICATIONS DISTRICT, OR DEPOE BAY R.F.P.D., OR
COLUMBIA COUNTY 4-H & EXTENSION SERVICE DESCHUTES COUNTY 911 SERVICE DISTRICT, OR
DISTRICT, OR DESCHUTES COUNTY R.F.P.D. #2, OR
COLUMBIA DRAINAGE VECTOR CONTROL, OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR
COLUMBIA IMPROVEMENT DISTRICT, OR DESCHUTES S.W.C.D., OR
COLUMBIA R.F.P.D., OR DESCHUTES VALLEY WATER DISTRICT, OR
COLUMBIA RIVER FIRE & RESCUE, OR DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR
COLUMBIA RIVER PUD, OR DEXTER R.F.P.D., OR
COLUMBIA S.W.C.D., OR DEXTER SANITARY DISTRICT, OR
COLUMBIA S.W.C.D., OR DORA-SITKUM R.F.P.D., OR
CONFEDERATED TRIBES OF THE UMATILLA INDIAN DOUGLAS COUNTY FIRE DISTRICT #2, OR
RESERVATION DOUGLAS S.W.C.D., OR
COOS COUNTY AIRPORT DISTRICT, OR DRAKES CROSSING R.F.P.D., OR
COOS COUNTY AIRPORT DISTRICT, OR DRRH SPECIAL ROAD DISTRICT #6, OR
COOS COUNTY AREA TRANSIT SERVICE DISTRICT, DRY GULCH DITCH DISTRICT IMPROVEMENT
OR COMPANY, OR
COOS COUNTY AREA TRANSIT SERVICE DISTRICT, DUFUR RECREATION DISTRICT, OR
OR DUMBECK LANE DOMESTIC WATER SUPPLY, OR
COOS FOREST PROTECTIVE ASSOCIATION DUNDEE R.F.P.D., OR
COOS S.W.C.D., OR DURKEE COMMUNITY BUILDING PRESERVATION
COQUILLE R.F.P.D., OR DISTRICT, OR
COQUILLE VALLEY HOSPITAL DISTRICT, OR EAGLE POINT IRRIGATION DISTRICT, OR
CORBETT WATER DISTRICT, OR EAGLE VALLEY CEMETERY MAINTENANCE
CORNELIUS R.F.P.D., OR DISTRICT, OR
CORP RANCH ROAD WATER IMPROVEMENT, OR EAGLE VALLEY R.F.P.D., OR
CORVALLIS R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR
COUNTRY CLUB ESTATES SPECIAL WATER EAST FORK IRRIGATION DISTRICT, OR
DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR
COUNTRY CLUB WATER DISTRICT, OR EAST SALEM SERVICE DISTRICT, OR
COUNTRY ESTATES ROAD DISTRICT, OR EAST UMATILLA CHEMICAL CONTROL DISTRICT,
COVE CEMETERY MAINTENANCE DISTRICT, OR OR
COVE ORCHARD SEWER SERVICE DISTRICT, OR EAST UMATILLA COUNTY AMBULANCE AREA
COVE R.F.P.D., OR HEALTH DISTRICT, OR
CRESCENT R.F.P.D., OR EAST UMATILLA COUNTY R.F.P.D., OR
CRESCENT SANITARY DISTRICT, OR EAST VALLEY WATER DISTRICT, OR
CRESCENT WATER SUPPLY AND IMPROVEMENT ELGIN COMMUNITY PARKS & RECREATION
DISTRICT, OR DISTRICT, OR
CROOK COUNTY AGRICULTURE EXTENSION ELGIN HEALTH DISTRICT, OR
SERVICE DISTRICT, OR ELGIN R.F.P.D., OR
CROOK COUNTY CEMETERY DISTRICT, OR ELKTON ESTATES PHASE II SPECIAL ROAD
CROOK COUNTY FIRE AND RESCUE, OR DISTRICT, OR
CROOK COUNTY PARKS & RECREATION DISTRICT, ELKTON R.F.P.D., OR
OR EMERALD P.U.D., OR
CROOK COUNTY S.W.C.D., OR ENTERPRISE IRRIGATION DISTRICT, OR
CROOK COUNTY VECTOR CONTROL DISTRICT, OR ESTACADA CEMETERY MAINTENANCE DISTRICT,
CROOKED RIVER RANCH R.F.P.D., OR OR
CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, ESTACADA R.F.P.D. #69, OR
OR EUGENE R.F.P.D. # 1, OR
CRYSTAL SPRINGS WATER DISTRICT, OR EUGENE WATER AND ELECTRIC BOARD
CURRY COUNTY 4-H & EXTENSION SERVICE EVANS VALLEY FIRE DISTRICT #6, OR
DISTRICT, OR FAIR OAKS R.F.P.D., OR
CURRY COUNTY PUBLIC TRANSIT SERVICE FAIRVIEW R.F.P.D., OR
DISTRICT, OR FAIRVIEW WATER DISTRICT, OR
CURRY COUNTY S.W.C.D., OR FALCON HEIGHTS WATER AND SEWER, OR
CURRY HEALTH DISTRICT, OR FALCON-COVE BEACH WATER DISTRICT, OR
Version October 4, 2024
FALL RIVER ESTATES SPECIAL ROAD DISTRICT, OR HEPPNER CEMETERY MAINTENANCE DISTRICT, OR
FARGO INTERCHANGE SERVICE DISTRICT, OR HEPPNER R.F.P.D., OR
FARMERS IRRIGATION DISTRICT, OR HEPPNER WATER CONTROL DISTRICT, OR
FAT ELK DRAINAGE DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION
FERN RIDGE PUBLIC LIBRARY DISTRICT, OR DISTRICT, OR
FERN VALLEY ESTATES IMPROVEMENT DISTRICT, HERMISTON CEMETERY DISTRICT, OR
OR HERMISTON IRRIGATION DISTRICT, OR
FOR FAR ROAD DISTRICT, OR HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT
FOREST GROVE R.F.P.D., OR DISTRICT, OR
FOREST VIEW SPECIAL ROAD DISTRICT, OR HIGH DESERT PARK & RECREATION DISTRICT, OR
FORT ROCK-SILVER LAKE S.W.C.D., OR HIGHLAND SUBDIVISION WATER DISTRICT, OR
FOUR RIVERS VECTOR CONTROL DISTRICT, OR HONOLULU INTERNATIONAL AIRPORT
FOX CEMETERY MAINTENANCE DISTRICT, OR HOOD RIVER COUNTY LIBRARY DISTRICT, OR
GARDINER R.F.P.D., OR HOOD RIVER COUNTY TRANSPORTATION DISTRICT,
GARDINER SANITARY DISTRICT, OR OR
GARIBALDI R.F.P.D., OR HOOD RIVER S.W.C.D., OR
GASTON R.F.P.D., OR HOOD RIVER VALLEY PARKS & RECREATION
GATES R.F.P.D., OR DISTRICT, OR
GEARHART R.F.P.D., OR HOODLAND FIRE DISTRICT #74
GILLIAM S.W.C.D., OR HOODLAND FIRE DISTRICT #74, OR
GLENDALE AMBULANCE DISTRICT, OR HORSEFLY IRRIGATION DISTRICT, OR
GLENDALE R.F.P.D., OR HOSKINS-KINGS VALLEY R.F.P.D., OR
GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR HOUSING AUTHORITY OF PORTLAND
GLENEDEN SANITARY DISTRICT, OR HUBBARD R.F.P.D., OR
GLENWOOD WATER DISTRICT, OR HUDSON BAY DISTRICT IMPROVEMENT COMPANY,
GLIDE - IDLEYLD SANITARY DISTRICT, OR OR
GLIDE R.F.P.D., OR I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT
GOLD BEACH - WEDDERBURN R.F.P.D., OR COMPANY, OR
GOLD HILL IRRIGATION DISTRICT, OR ICE FOUNTAIN WATER DISTRICT, OR
GOLDFINCH ROAD DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR
GOSHEN R.F.P.D., OR IDANHA-DETROIT RURAL FIRE PROTECTION
GOVERNMENT CAMP ROAD DISTRICT, OR DISTRICT, OR
GOVERNMENT CAMP SANITARY DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT
GRAND PRAIRIE WATER CONTROL DISTRICT, OR ILLINOIS VALLEY R.F.P.D., OR
GRAND RONDE SANITARY DISTRICT, OR ILLINOIS VALLEY S.W.C.D., OR
GRANT COUNTY TRANSPORTATION DISTRICT, OR IMBLER R.F.P.D., OR
GRANT S.W.C.D., OR INTERLACHEN WATER P.U.D., OR
GRANTS PASS IRRIGATION DISTRICT, OR IONE LIBRARY DISTRICT, OR
GREATER BOWEN VALLEY R.F.P.D., OR IONE R.F.P.D. #6-604, OR
GREATER ST. HELENS PARK & RECREATION IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR
DISTRICT, OR IRONSIDE RURAL ROAD DISTRICT #5, OR
GREATER TOLEDO POOL RECREATION DISTRICT, IRRIGON PARK & RECREATION DISTRICT, OR
OR IRRIGON R.F.P.D., OR
GREEN KNOLLS SPECIAL ROAD DISTRICT, OR ISLAND CITY AREA SANITATION DISTRICT, OR
GREEN SANITARY DISTRICT, OR ISLAND CITY CEMETERY MAINTENANCE DISTRICT,
GREENACRES R.F.P.D., OR OR
GREENBERRY IRRIGATION DISTRICT, OR JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR
GREENSPRINGS RURAL FIRE DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #3, OR
HAHLEN ROAD SPECIAL DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #4, OR
HAINES CEMETERY MAINTENANCE DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #5, OR
HAINES FIRE PROTECTION DISTRICT, OR JACKSON COUNTY LIBRARY DISTRICT, OR
HALSEY-SHEDD R.F.P.D., OR JACKSON COUNTY VECTOR CONTROL DISTRICT, OR
HAMLET R.F.P.D., OR JACKSON S.W.C.D., OR
HARBOR R.F.P.D., OR JASPER KNOLLS WATER DISTRICT, OR
HARBOR SANITARY DISTRICT, OR JEFFERSON COUNTY EMERGENCY MEDICAL
HARBOR WATER P.U.D., OR SERVICE DISTRICT, OR
HARNEY COUNTY HEALTH DISTRICT, OR JEFFERSON COUNTY FIRE DISTRICT #1, OR
HARNEY S.W.C.D., OR JEFFERSON COUNTY LIBRARY DISTRICT, OR
HARPER SOUTH SIDE IRRIGATION DISTRICT, OR JEFFERSON COUNTY S.W.C.D., OR
HARRISBURG FIRE AND RESCUE, OR JEFFERSON PARK & RECREATION DISTRICT, OR
HAUSER R.F.P.D., OR JEFFERSON R.F.P.D., OR
HAZELDELL RURAL FIRE DISTRICT, OR JOB'S DRAINAGE DISTRICT, OR
HEBO JOINT WATER-SANITARY AUTHORITY, OR JOHN DAY WATER DISTRICT, OR
HECETA WATER P.U.D., OR JOHN DAY-CANYON CITY PARKS & RECREATION
HELIX CEMETERY MAINTENANCE DISTRICT #4, OR DISTRICT, OR
HELIX PARK & RECREATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR
HELIX R.F.P.D. #7-411, OR JORDAN VALLEY CEMETERY DISTRICT, OR
Version October 4, 2024
JORDAN VALLEY IRRIGATION DISTRICT, OR LAKE GROVE R.F.P.D. NO. 57, OR
JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR LAKE GROVE WATER DISTRICT, OR
JOSEPHINE COUNTY 4-H & EXTENSION SERVICE LAKE LABISH WATER CONTROL DISTRICT, OR
DISTRICT, OR LAKE POINT SPECIAL ROAD DISTRICT, OR
JOSEPHINE COUNTY 911 AGENCY, OR LAKESIDE R.F.P.D. #4, OR
JUNCTION CITY R.F.P.D., OR LAKESIDE WATER DISTRICT, OR
JUNCTION CITY WATER CONTROL DISTRICT, OR LAKEVIEW R.F.P.D., OR
JUNIPER BUTTE ROAD DISTRICT, OR LAKEVIEW S.W.C.D., OR
JUNIPER CANYON WATER CONTROL DISTRICT, OR LAMONTAI IMPROVEMENT DISTRICT, OR
JUNIPER FLAT DISTRICT IMPROVEMENT COMPANY, LANE FIRE AUTHORITY, OR
OR LANE LIBRARY DISTRICT, OR
JUNIPER FLAT R.F.P.D., OR LANE TRANSIT DISTRICT, OR
JUNO NONPROFIT WATER IMPROVEMENT LANGELL VALLEY IRRIGATION DISTRICT, OR
DISTRICT, OR LANGLOIS PUBLIC LIBRARY, OR
KEATING R.F.P.D., OR LANGLOIS R.F.P.D., OR
KEATING S.W.C.D., OR LANGLOIS WATER DISTRICT, OR
KEIZER R.F.P.D., OR LAZY RIVER SPECIAL ROAD DISTRICT, OR
KELLOGG RURAL FIRE DISTRICT, OR LEBANON AQUATIC DISTRICT, OR
KENO IRRIGATION DISTRICT, OR LEBANON R.F.P.D., OR
KENO PINES ROAD DISTRICT, OR LEWIS & CLARK R.F.P.D., OR
KENO R.F.P.D., OR LINCOLN COUNTY LIBRARY DISTRICT, OR
KENT WATER DISTRICT, OR LINCOLN S.W.C.D., OR
KERBY WATER DISTRICT, OR LINN COUNTY EMERGENCY TELEPHONE AGENCY,
K-GB-LB WATER DISTRICT, OR OR
KILCHIS WATER DISTRICT, OR LINN S.W.C.D., OR
KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, OR LITTLE MUDDY CREEK WATER CONTROL, OR
KLAMATH BASIN IMPROVEMENT DISTRICT, OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR
KLAMATH COUNTY DRAINAGE SERVICE DISTRICT, LITTLE SWITZERLAND SPECIAL ROAD DISTRICT, OR
OR LONE PINE IRRIGATION DISTRICT, OR
KLAMATH COUNTY EXTENSION SERVICE DISTRICT, LONG PRAIRIE WATER DISTRICT, OR
OR LOOKINGGLASS OLALLA WATER CONTROL
KLAMATH COUNTY FIRE DISTRICT #1, OR DISTRICT, OR
KLAMATH COUNTY FIRE DISTRICT #3, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR
KLAMATH COUNTY FIRE DISTRICT #4, OR LORANE R.F.P.D., OR
KLAMATH COUNTY FIRE DISTRICT #5, OR LOST & BOULDER DITCH IMPROVEMENT DISTRICT,
KLAMATH COUNTY LIBRARY SERVICE DISTRICT, OR
OR LOST CREEK PARK SPECIAL ROAD DISTRICT, OR
KLAMATH COUNTY PREDATORY ANIMAL LOUISIANA PUBLIC SERVICE COMMISSION, LA
CONTROL DISTRICT, OR LOUISIANA WATER WORKS
KLAMATH DRAINAGE DISTRICT, OR LOWELL R.F.P.D., OR
KLAMATH FALLS FOREST ESTATES SPECIAL ROAD LOWER MCKAY CREEK R.F.P.D., OR
DISTRICT UNIT #2, OR LOWER MCKAY CREEK WATER CONTROL
KLAMATH INTEROPERABILITY RADIO GROUP, OR DISTRICT, OR
KLAMATH IRRIGATION DISTRICT, OR LOWER POWDER RIVER IRRIGATION DISTRICT, OR
KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT, LOWER SILETZ WATER DISTRICT, OR
OR LOWER UMPQUA HOSPITAL DISTRICT, OR
KLAMATH S.W.C.D., OR LOWER UMPQUA PARK & RECREATION DISTRICT,
KLAMATH VECTOR CONTROL DISTRICT, OR OR
KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR LOWER VALLEY WATER IMPROVEMENT DISTRICT,
LA GRANDE CEMETERY MAINTENANCE DISTRICT, OR
OR LUCE LONG DITCH DISTRICT IMPROVEMENT CO.,
LA GRANDE R.F.P.D., OR OR
LA PINE PARK & RECREATION DISTRICT, OR LUSTED WATER DISTRICT, OR
LA PINE R.F.P.D., OR LYONS R.F.P.D., OR
LABISH VILLAGE SEWAGE & DRAINAGE, OR LYONS-MEHAMA WATER DISTRICT, OR
LACOMB IRRIGATION DISTRICT, OR MADRAS AQUATIC CENTER DISTRICT, OR
LAFAYETTE AIRPORT COMMISSION, LA MAKAI SPECIAL ROAD DISTRICT, OR
LAFOURCHE PARISH HEALTH UNIT – DHH-OPH MALHEUR COUNTY S.W.C.D., OR
REGION 3 MALHEUR COUNTY VECTOR CONTROL DISTRICT,
LAIDLAW WATER DISTRICT, OR OR
LAKE CHINOOK FIRE & RESCUE, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, OR
LAKE COUNTY 4-H & EXTENSION SERVICE MALHEUR DRAINAGE DISTRICT, OR
DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR
LAKE COUNTY LIBRARY DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE
LAKE CREEK R.F.P.D. - JACKSON, OR DISTRICT, OR
LAKE CREEK R.F.P.D. - LANE COUNTY, OR MALIN COMMUNITY PARK & RECREATION
LAKE DISTRICT HOSPITAL, OR DISTRICT, OR
Version October 4, 2024
MALIN IRRIGATION DISTRICT, OR MORROW COUNTY UNIFIED RECREATION
MALIN R.F.P.D., OR DISTRICT, OR
MAPLETON FIRE DEPARTMENT, OR MORROW S.W.C.D., OR
MAPLETON WATER DISTRICT, OR MOSIER FIRE DISTRICT, OR
MARCOLA WATER DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR
MARION COUNTY EXTENSION & 4H SERVICE MT. ANGEL R.F.P.D., OR
DISTRICT, OR MT. HOOD IRRIGATION DISTRICT, OR
MARION COUNTY FIRE DISTRICT #1, OR MT. LAKI CEMETERY DISTRICT, OR
MARION JACK IMPROVEMENT DISTRICT, OR MT. VERNON R.F.P.D., OR
MARION S.W.C.D., OR MULINO WATER DISTRICT #1, OR
MARY'S RIVER ESTATES ROAD DISTRICT, OR MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OR
MCDONALD FOREST ESTATES SPECIAL ROAD MULTNOMAH COUNTY R.F.P.D. #10, OR
DISTRICT, OR MULTNOMAH COUNTY R.F.P.D. #14, OR
MCKAY ACRES IMPROVEMENT DISTRICT, OR MULTNOMAH EDUCATION SERVICE DISTRICT
MCKAY DAM R.F.P.D. # 7-410, OR MYRTLE CREEK R.F.P.D., OR
MCKENZIE FIRE & RESCUE, OR NEAH-KAH-NIE WATER DISTRICT, OR
MCKENZIE PALISADES WATER SUPPLY NEDONNA R.F.P.D., OR
CORPORATION, OR NEHALEM BAY FIRE AND RESCUE, OR
MCMINNVILLE R.F.P.D., OR NEHALEM BAY HEALTH DISTRICT, OR
MCNULTY WATER P.U.D., OR NEHALEM BAY WASTEWATER AGENCY, OR
MEADOWS DRAINAGE DISTRICT, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR
MEDFORD IRRIGATION DISTRICT, OR NESKOWIN REGIONAL SANITARY AUTHORITY, OR
MEDFORD R.F.P.D. #2, OR NESKOWIN REGIONAL WATER DISTRICT, OR
MEDFORD WATER COMMISSION NESTUCCA R.F.P.D., OR
MEDICAL SPRINGS R.F.P.D., OR NETARTS WATER DISTRICT, OR
MELHEUR COUNTY JAIL, OR NETARTS-OCEANSIDE R.F.P.D., OR
MERLIN COMMUNITY PARK DISTRICT, OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR
MERRILL CEMETERY MAINTENANCE DISTRICT, OR NEW BRIDGE WATER SUPPLY DISTRICT, OR
MERRILL PARK DISTRICT, OR NEW CARLTON FIRE DISTRICT, OR
MERRILL R.F.P.D., OR NEW ORLEANS REDEVELOPMENT AUTHORITY, LA
METRO REGIONAL GOVERNMENT NEW PINE CREEK R.F.P.D., OR
METRO REGIONAL PARKS NEWBERG R.F.P.D., OR
METROPOLITAN EXPOSITION RECREATION NEWBERRY ESTATES SPECIAL ROAD DISTRICT, OR
COMMISSION NEWPORT R.F.P.D., OR
METROPOLITAN SERVICE DISTRICT (METRO) NEWT YOUNG DITCH DISTRICT IMPROVEMENT
MID COUNTY CEMETERY MAINTENANCE DISTRICT, COMPANY, OR
OR NORTH ALBANY R.F.P.D., OR
MID-COLUMBIA FIRE AND RESCUE, OR NORTH BAY R.F.P.D. #9, OR
MIDDLE FORK IRRIGATION DISTRICT, OR NORTH CLACKAMAS PARKS & RECREATION
MIDLAND COMMUNITY PARK, OR DISTRICT, OR
MIDLAND DRAINAGE IMPROVEMENT DISTRICT, OR NORTH COUNTY RECREATION DISTRICT, OR
MILES CROSSING SANITARY SEWER DISTRICT, OR NORTH DOUGLAS COUNTY FIRE & EMS, OR
MILL CITY R.F.P.D. #2-303, OR NORTH DOUGLAS PARK & RECREATION DISTRICT,
MILL FOUR DRAINAGE DISTRICT, OR OR
MILLICOMA RIVER PARK & RECREATION DISTRICT, NORTH GILLIAM COUNTY HEALTH DISTRICT, OR
OR NORTH GILLIAM COUNTY R.F.P.D., OR
MILLINGTON R.F.P.D. #5, OR NORTH LAKE HEALTH DISTRICT, OR
MILO VOLUNTEER FIRE DEPARTMENT, OR NORTH LEBANON WATER CONTROL DISTRICT, OR
MILTON-FREEWATER AMBULANCE SERVICE AREA NORTH LINCOLN FIRE & RESCUE DISTRICT #1, OR
HEALTH DISTRICT, OR NORTH LINCOLN HEALTH DISTRICT, OR
MILTON-FREEWATER WATER CONTROL DISTRICT, NORTH MORROW VECTOR CONTROL DISTRICT, OR
OR NORTH SHERMAN COUNTY R.F.P.D, OR
MIROCO SPECIAL ROAD DISTRICT, OR NORTH UNIT IRRIGATION DISTRICT, OR
MIST-BIRKENFELD R.F.P.D., OR NORTHEAST OREGON HOUSING AUTHORITY, OR
MODOC POINT IRRIGATION DISTRICT, OR NORTHEAST WHEELER COUNTY HEALTH DISTRICT,
MODOC POINT SANITARY DISTRICT, OR OR
MOHAWK VALLEY R.F.P.D., OR NORTHERN WASCO COUNTY P.U.D., OR
MOLALLA AQUATIC DISTRICT, OR NORTHERN WASCO COUNTY PARK & RECREATION
MOLALLA R.F.P.D. #73, OR DISTRICT, OR
MONITOR R.F.P.D., OR NYE DITCH USERS DISTRICT IMPROVEMENT, OR
MONROE R.F.P.D., OR NYSSA ROAD ASSESSMENT DISTRICT #2, OR
MONUMENT CEMETERY MAINTENANCE DISTRICT, NYSSA RURAL FIRE DISTRICT, OR
OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR
MONUMENT S.W.C.D., OR OAK LODGE WATER SERVICES, OR
MOOREA DRIVE SPECIAL ROAD DISTRICT, OR OAKLAND R.F.P.D., OR
MORO R.F.P.D., OR OAKVILLE COMMUNITY CENTER, OR
MORROW COUNTY HEALTH DISTRICT, OR OCEANSIDE WATER DISTRICT, OR
Version October 4, 2024
OCHOCO IRRIGATION DISTRICT, OR PORT OF ASTORIA, OR
OCHOCO WEST WATER AND SANITARY PORT OF BANDON, OR
AUTHORITY, OR PORT OF BRANDON, OR
ODELL SANITARY DISTRICT, OR PORT OF BROOKINGS HARBOR, OR
OLD OWYHEE DITCH IMPROVEMENT DISTRICT, OR PORT OF CASCADE LOCKS, OR
OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR PORT OF COQUILLE RIVER, OR
ONTARIO LIBRARY DISTRICT, OR PORT OF GARIBALDI, OR
ONTARIO R.F.P.D., OR PORT OF GOLD BEACH, OR
OPHIR R.F.P.D., OR PORT OF HOOD RIVER, OR
OREGON COAST COMMUNITY ACTION PORT OF MORGAN CITY, LA
OREGON HOUSING AND COMMUNITY SERVICES PORT OF MORROW, OR
OREGON INTERNATIONAL PORT OF COOS BAY, OR PORT OF NEHALEM, OR
OREGON LEGISLATIVE ADMINISTRATION PORT OF NEWPORT, OR
OREGON OUTBACK R.F.P.D., OR PORT OF PORT ORFORD, OR
OREGON POINT, OR PORT OF PORTLAND, OR
OREGON TRAIL LIBRARY DISTRICT, OR PORT OF SIUSLAW, OR
OTTER ROCK WATER DISTRICT, OR PORT OF ST. HELENS, OR
OWW UNIT #2 SANITARY DISTRICT, OR PORT OF THE DALLES, OR
OWYHEE CEMETERY MAINTENANCE DISTRICT, OR PORT OF TILLAMOOK BAY, OR
OWYHEE IRRIGATION DISTRICT, OR PORT OF TOLEDO, OR
PACIFIC CITY JOINT WATER-SANITARY PORT OF UMATILLA, OR
AUTHORITY, OR PORT OF UMPQUA, OR
PACIFIC COMMUNITIES HEALTH DISTRICT, OR PORT ORFORD CEMETERY MAINTENANCE
PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR DISTRICT, OR
PALATINE HILL WATER DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR
PALMER CREEK WATER DISTRICT IMPROVEMENT PORT ORFORD R.F.P.D., OR
COMPANY, OR PORTLAND DEVELOPMENT COMMISSION, OR
PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR PORTLAND FIRE AND RESCUE
PANTHER CREEK ROAD DISTRICT, OR PORTLAND HOUSING CENTER, OR
PANTHER CREEK WATER DISTRICT, OR POWDER R.F.P.D., OR
PARKDALE R.F.P.D., OR POWDER RIVER R.F.P.D., OR
PARKDALE SANITARY DISTRICT, OR POWDER VALLEY WATER CONTROL DISTRICT, OR
PENINSULA DRAINAGE DISTRICT #1, OR POWERS HEALTH DISTRICT, OR
PENINSULA DRAINAGE DISTRICT #2, OR PRAIRIE CEMETERY MAINTENANCE DISTRICT, OR
PHILOMATH FIRE AND RESCUE, OR PRINEVILLE LAKE ACRES SPECIAL ROAD DISTRICT
PILOT ROCK CEMETERY MAINTENANCE DISTRICT #1, OR
#5, OR PROSPECT R.F.P.D., OR
PILOT ROCK PARK & RECREATION DISTRICT, OR QUAIL VALLEY PARK IMPROVEMENT DISTRICT, OR
PILOT ROCK R.F.P.D., OR QUEENER IRRIGATION IMPROVEMENT DISTRICT,
PINE EAGLE HEALTH DISTRICT, OR OR
PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR RAINBOW WATER DISTRICT, OR
PINE GROVE IRRIGATION DISTRICT, OR RAINIER CEMETERY DISTRICT, OR
PINE GROVE WATER DISTRICT-KLAMATH FALLS, RAINIER DRAINAGE IMPROVEMENT COMPANY, OR
OR RALEIGH WATER DISTRICT, OR
PINE GROVE WATER DISTRICT-MAUPIN, OR REDMOND AREA PARK & RECREATION DISTRICT,
PINE VALLEY CEMETERY DISTRICT, OR OR
PINE VALLEY R.F.P.D., OR REDMOND FIRE AND RESCUE, OR
PINEWOOD COUNTRY ESTATES SPECIAL ROAD RIDDLE FIRE PROTECTION DISTRICT, OR
DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT COMPANY,
PIONEER DISTRICT IMPROVEMENT COMPANY, OR OR
PISTOL RIVER CEMETERY MAINTENANCE RIDGEWOOD ROAD DISTRICT, OR
DISTRICT, OR RIETH SANITARY DISTRICT, OR
PISTOL RIVER FIRE DISTRICT, OR RIETH WATER DISTRICT, OR
PLEASANT HILL R.F.P.D., OR RIMROCK WEST IMPROVEMENT DISTRICT, OR
PLEASANT HOME WATER DISTRICT, OR RINK CREEK WATER DISTRICT, OR
POCAHONTAS MINING AND IRRIGATION DISTRICT, RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR
OR RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR
POE VALLEY IMPROVEMENT DISTRICT, OR RIVER MEADOWS IMPROVEMENT DISTRICT, OR
POE VALLEY PARK & RECREATION DISTRICT, OR RIVER PINES ESTATES SPECIAL ROAD DISTRICT, OR
POE VALLEY VECTOR CONTROL DISTRICT, OR RIVER ROAD PARK & RECREATION DISTRICT, OR
POLK COUNTY FIRE DISTRICT #1, OR RIVER ROAD WATER DISTRICT, OR
POLK S.W.C.D., OR RIVERBEND RIVERBANK WATER IMPROVEMENT
POMPADOUR WATER IMPROVEMENT DISTRICT, OR DISTRICT, OR
PONDEROSA PINES EAST SPECIAL ROAD DISTRICT, RIVERDALE R.F.P.D. 11-JT, OR
OR RIVERGROVE WATER DISTRICT, OR
PORT OF ALSEA, OR RIVERSIDE MISSION WATER CONTROL DISTRICT,
PORT OF ARLINGTON, OR OR
Version October 4, 2024
RIVERSIDE R.F.P.D. #7-406, OR SIUSLAW PUBLIC LIBRARY DISTRICT, OR
RIVERSIDE WATER DISTRICT, OR SIUSLAW S.W.C.D., OR
ROBERTS CREEK WATER DISTRICT, OR SIUSLAW VALLEY FIRE AND RESCUE, OR
ROCK CREEK DISTRICT IMPROVEMENT, OR SIXES R.F.P.D., OR
ROCK CREEK WATER DISTRICT, OR SKIPANON WATER CONTROL DISTRICT, OR
ROCKWOOD WATER P.U.D., OR SKYLINE VIEW DISTRICT IMPROVEMENT
ROCKY POINT FIRE & EMS, OR COMPANY, OR
ROGUE RIVER R.F.P.D., OR SLEEPY HOLLOW WATER DISTRICT, OR
ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT COMPANY,
ROGUE VALLEY SEWER SERVICES, OR OR
ROGUE VALLEY SEWER, OR SOUTH CLACKAMAS TRANSPORTATION DISTRICT,
ROGUE VALLEY TRANSPORTATION DISTRICT, OR OR
ROSEBURG URBAN SANITARY AUTHORITY, OR SOUTH COUNTY HEALTH DISTRICT, OR
ROSEWOOD ESTATES ROAD DISTRICT, OR SOUTH FORK WATER BOARD, OR
ROW RIVER VALLEY WATER DISTRICT, OR SOUTH GILLIAM COUNTY CEMETERY DISTRICT, OR
RURAL ROAD ASSESSMENT DISTRICT #3, OR SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR
RURAL ROAD ASSESSMENT DISTRICT #4, OR SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR
SAINT LANDRY PARISH TOURIST COMMISSION SOUTH LAFOURCHE LEVEE DISTRICT, LA
SAINT MARY PARISH REC DISTRICT 2 SOUTH LANE COUNTY FIRE & RESCUE, OR
SAINT MARY PARISH REC DISTRICT 3 SOUTH SANTIAM RIVER WATER CONTROL
SAINT TAMMANY FIRE DISTRICT 4, LA DISTRICT, OR
SALEM AREA MASS TRANSIT DISTRICT, OR SOUTH SHERMAN FIRE DISTRICT, OR
SALEM MASS TRANSIT DISTRICT SOUTH SUBURBAN SANITARY DISTRICT, OR
SALEM SUBURBAN R.F.P.D., OR SOUTH WASCO PARK & RECREATION DISTRICT, OR
SALISHAN SANITARY DISTRICT, OR SOUTHERN COOS HEALTH DISTRICT, OR
SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR SOUTHERN CURRY CEMETERY MAINTENANCE
SALMON RIVER PARK WATER IMPROVEMENT DISTRICT, OR
DISTRICT, OR SOUTHVIEW IMPROVEMENT DISTRICT, OR
SALMONBERRY TRAIL INTERGOVERNMENTAL SOUTHWEST LINCOLN COUNTY WATER DISTRICT,
AGENCY, OR OR
SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR SOUTHWESTERN POLK COUNTY R.F.P.D., OR
SANDY DRAINAGE IMPROVEMENT COMPANY, OR SOUTHWOOD PARK WATER DISTRICT, OR
SANDY R.F.P.D. #72, OR SPECIAL ROAD DISTRICT #1, OR
SANTA CLARA R.F.P.D., OR SPECIAL ROAD DISTRICT #8, OR
SANTA CLARA WATER DISTRICT, OR SPRING RIVER SPECIAL ROAD DISTRICT, OR
SANTIAM WATER CONTROL DISTRICT, OR SPRINGFIELD UTILITY BOARD, OR
SAUVIE ISLAND DRAINAGE IMPROVEMENT ST. PAUL R.F.P.D., OR
COMPANY, OR STANFIELD CEMETERY DISTRICT #6, OR
SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J, STANFIELD IRRIGATION DISTRICT, OR
OR STARR CREEK ROAD DISTRICT, OR
SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY, STARWOOD SANITARY DISTRICT, OR
OR STAYTON FIRE DISTRICT, OR
SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR SUBLIMITY FIRE DISTRICT, OR
SCAPPOOSE R.F.P.D., OR SUBURBAN EAST SALEM WATER DISTRICT, OR
SCIO R.F.P.D., OR SUBURBAN LIGHTING DISTRICT, OR
SCOTTSBURG R.F.P.D., OR SUCCOR CREEK DISTRICT IMPROVEMENT
SEAL ROCK R.F.P.D., OR COMPANY, OR
SEAL ROCK WATER DISTRICT, OR SUMMER LAKE IRRIGATION DISTRICT, OR
SEWERAGE AND WATER BOARD OF NEW ORLEANS, SUMMERVILLE CEMETERY MAINTENANCE
LA DISTRICT, OR
SHANGRI-LA WATER DISTRICT, OR SUMNER R.F.P.D., OR
SHASTA VIEW IRRIGATION DISTRICT, OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR
SHELLEY ROAD CREST ACRES WATER DISTRICT, SUNDOWN SANITATION DISTRICT, OR
OR SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR
SHERIDAN FIRE DISTRICT, OR SUNNYSIDE IRRIGATION DISTRICT, OR
SHERMAN COUNTY HEALTH DISTRICT, OR SUNRISE WATER AUTHORITY, OR
SHERMAN COUNTY S.W.C.D., OR SUNRIVER SERVICE DISTRICT, OR
SHORELINE SANITARY DISTRICT, OR SUNSET EMPIRE PARK & RECREATION DISTRICT,
SILETZ KEYS SANITARY DISTRICT, OR OR
SILETZ R.F.P.D., OR SUNSET EMPIRE TRANSPORTATION DISTRICT, OR
SILVER FALLS LIBRARY DISTRICT, OR SURFLAND ROAD DISTRICT, OR
SILVER LAKE IRRIGATION DISTRICT, OR SUTHERLIN VALLEY RECREATION DISTRICT, OR
SILVER LAKE R.F.P.D., OR SUTHERLIN WATER CONTROL DISTRICT, OR
SILVER SANDS SPECIAL ROAD DISTRICT, OR SWALLEY IRRIGATION DISTRICT, OR
SILVERTON R.F.P.D. NO. 2, OR SWEET HOME CEMETERY MAINTENANCE DISTRICT,
SISTERS PARKS & RECREATION DISTRICT, OR OR
SISTERS-CAMP SHERMAN R.F.P.D., OR SWEET HOME FIRE & AMBULANCE DISTRICT, OR
Version October 4, 2024
SWISSHOME-DEADWOOD R.F.P.D., OR UNION R.F.P.D., OR
TABLE ROCK DISTRICT IMPROVEMENT COMPANY, UNION S.W.C.D., OR
OR UNITY COMMUNITY PARK & RECREATION
TALENT IRRIGATION DISTRICT, OR DISTRICT, OR
TANGENT R.F.P.D., OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR
TENMILE R.F.P.D., OR UPPER MCKENZIE R.F.P.D., OR
TERREBONNE DOMESTIC WATER DISTRICT, OR UPPER WILLAMETTE S.W.C.D., OR
THE DALLES IRRIGATION DISTRICT, OR VALE OREGON IRRIGATION DISTRICT, OR
THOMAS CREEK-WESTSIDE R.F.P.D., OR VALE RURAL FIRE PROTECTION DISTRICT, OR
THREE RIVERS RANCH ROAD DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR
THREE SISTERS IRRIGATION DISTRICT, OR VALLEY VIEW CEMETERY MAINTENANCE
TIGARD TUALATIN AQUATIC DISTRICT, OR DISTRICT, OR
TIGARD WATER DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR
TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT, VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR
OR VERNONIA R.F.P.D., OR
TILLAMOOK COUNTY EMERGENCY VINEYARD MOUNTAIN PARK & RECREATION
COMMUNICATIONS DISTRICT, OR DISTRICT, OR
TILLAMOOK COUNTY S.W.C.D., OR VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT,
TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR
OR WALLA WALLA RIVER IRRIGATION DISTRICT, OR
TILLAMOOK FIRE DISTRICT, OR WALLOWA COUNTY HEALTH CARE DISTRICT, OR
TILLAMOOK P.U.D., OR WALLOWA LAKE COUNTY SERVICE DISTRICT, OR
TILLER R.F.P.D., OR WALLOWA LAKE IRRIGATION DISTRICT, OR
TOBIN DITCH DISTRICT IMPROVEMENT COMPANY, WALLOWA LAKE R.F.P.D., OR
OR WALLOWA S.W.C.D., OR
TOLEDO R.F.P.D., OR WALLOWA VALLEY IMPROVEMENT DISTRICT #1,
TONE WATER DISTRICT, OR OR
TOOLEY WATER DISTRICT, OR WAMIC R.F.P.D., OR
TRASK DRAINAGE DISTRICT, OR WAMIC WATER & SANITARY AUTHORITY, OR
TRI CITY R.F.P.D. #4, OR WARMSPRINGS IRRIGATION DISTRICT, OR
TRI-CITY WATER & SANITARY AUTHORITY, OR WASCO COUNTY S.W.C.D., OR
TRI-COUNTY METROPOLITAN TRANSPORTATION WATER ENVIRONMENT SERVICES, OR
DISTRICT OF OREGON WATER WONDERLAND IMPROVEMENT DISTRICT,
TRIMET, OR OR
TUALATIN HILLS PARK & RECREATION DISTRICT WATERBURY & ALLEN DITCH IMPROVEMENT
TUALATIN HILLS PARK & RECREATION DISTRICT, DISTRICT, OR
OR WATSECO-BARVIEW WATER DISTRICT, OR
TUALATIN S.W.C.D., OR WAUNA WATER DISTRICT, OR
TUALATIN VALLEY FIRE & RESCUE WEDDERBURN SANITARY DISTRICT, OR
TUALATIN VALLEY FIRE & RESCUE, OR WEST EAGLE VALLEY WATER CONTROL DISTRICT,
TUALATIN VALLEY IRRIGATION DISTRICT, OR OR
TUALATIN VALLEY WATER DISTRICT WEST EXTENSION IRRIGATION DISTRICT, OR
TUALATIN VALLEY WATER DISTRICT, OR WEST LABISH DRAINAGE & WATER CONTROL
TUMALO IRRIGATION DISTRICT, OR IMPROVEMENT DISTRICT, OR
TURNER FIRE DISTRICT, OR WEST MULTNOMAH S.W.C.D., OR
TWIN ROCKS SANITARY DISTRICT, OR WEST SIDE R.F.P.D., OR
TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR WEST SLOPE WATER DISTRICT, OR
TWO RIVERS S.W.C.D., OR WEST UMATILLA MOSQUITO CONTROL DISTRICT,
TWO RIVERS SPECIAL ROAD DISTRICT, OR OR
TYGH VALLEY R.F.P.D., OR WEST VALLEY FIRE DISTRICT, OR
TYGH VALLEY WATER DISTRICT, OR WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR
UMATILLA COUNTY FIRE DISTRICT #1, OR WESTERN LANE AMBULANCE DISTRICT, OR
UMATILLA COUNTY S.W.C.D., OR WESTLAND IRRIGATION DISTRICT, OR
UMATILLA COUNTY SPECIAL LIBRARY DISTRICT, WESTON ATHENA MEMORIAL HALL PARK &
OR RECREATION DISTRICT, OR
UMATILLA HOSPITAL DISTRICT, OR WESTON CEMETERY DISTRICT #2, OR
UMATILLA R.F.P.D. #7-405, OR WESTPORT FIRE AND RESCUE, OR
UMATILLA-MORROW RADIO AND DATA DISTRICT, WESTRIDGE WATER SUPPLY CORPORATION, OR
OR WESTWOOD HILLS ROAD DISTRICT, OR
UMPQUA S.W.C.D., OR WESTWOOD VILLAGE ROAD DISTRICT, OR
UNION CEMETERY MAINTENANCE DISTRICT, OR WHEELER S.W.C.D., OR
UNION COUNTY SOLID WASTE DISPOSAL DISTRICT, WHITE RIVER HEALTH DISTRICT, OR
OR WIARD MEMORIAL PARK DISTRICT, OR
UNION COUNTY VECTOR CONTROL DISTRICT, OR WICKIUP WATER DISTRICT, OR
UNION GAP SANITARY DISTRICT, OR WILLAKENZIE R.F.P.D., OR
UNION GAP WATER DISTRICT, OR WILLAMALANE PARK & RECREATION DISTRICT, OR
UNION HEALTH DISTRICT, OR WILLAMALANE PARK AND RECREATION DISTRICT
Version October 4, 2024
WILLAMETTE HUMANE SOCIETY HILLSBORO SCHOOL DISTRICT
WILLAMETTE RIVER WATER COALITION, OR HOOD RIVER COUNTY SCHOOL DISTRICT
WILLIAMS R.F.P.D., OR JACKSON CO SCHOOL DIST NO.9
WILLOW CREEK PARK DISTRICT, OR JEFFERSON COUNTY SCHOOL DISTRICT 509-J
WILLOW DALE WATER DISTRICT, OR JEFFERSON PARISH SCHOOL DISTRICT
WILSON RIVER WATER DISTRICT, OR JEFFERSON SCHOOL DISTRICT
WINCHESTER BAY R.F.P.D., OR JUNCTION CITY SCHOOLS, OR
WINCHESTER BAY SANITARY DISTRICT, OR KLAMATH COUNTY SCHOOL DISTRICT
WINCHUCK R.F.P.D., OR KLAMATH FALLS CITY SCHOOLS
WINSTON-DILLARD R.F.P.D., OR LAFAYETTE PARISH SCHOOL DISTRICT
WINSTON-DILLARD WATER DISTRICT, OR LAKE OSWEGO SCHOOL DISTRICT 7J
WOLF CREEK R.F.P.D., OR LANE COUNTY SCHOOL DISTRICT 4J
WOOD RIVER DISTRICT IMPROVEMENT COMPANY, LINCOLN COUNTY SCHOOL DISTRICT
OR LINN CO. SCHOOL DIST. 95C
WOODBURN R.F.P.D. NO. 6, OR LIVINGSTON PARISH SCHOOL DISTRICT
WOODLAND PARK SPECIAL ROAD DISTRICT, OR LOST RIVER JR/SR HIGH SCHOOL
WOODS ROAD DISTRICT, OR LOWELL SCHOOL DISTRICT NO.71
WRIGHT CREEK ROAD WATER IMPROVEMENT SALEM-KEIZER PUBLIC SCHOOLS 24J
DISTRICT, OR MARION COUNTY SCHOOL DISTRICT 103
WY'EAST FIRE DISTRICT, OR MARIST HIGH SCHOOL, OR
YACHATS R.F.P.D., OR MCMINNVILLE SCHOOL DISTRICT NOAO
YAMHILL COUNTY TRANSIT AREA, OR MEDFORD SCHOOL DISTRICT 549C
YAMHILL FIRE PROTECTION DISTRICT, OR MITCH CHARTER SCHOOL
YAMHILL SWCD, OR MONROE SCHOOL DISTRICT NO.1J
YONCALLA PARK & RECREATION DISTRICT, OR MORROW COUNTY SCHOOL DIST, OR
YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT, MULTNOMAH EDUCATION SERVICE DISTRICT
OR MULTISENSORY LEARNING ACADEMY
ZUMWALT R.F.P.D., OR MYRTLE PINT SCHOOL DISTRICT 41
NEAH-KAH-NIE DISTRICT NO.56
K-12 INCLUDING BUT NOT LIMITED TO: NEWBERG PUBLIC SCHOOLS
ACADIA PARISH SCHOOL BOARD NESTUCCA VALLEY SCHOOL DISTRICT NO.101
BEAVERTON SCHOOL DISTRICT NOBEL LEARNING COMMUNITIES
BEND-LA PINE SCHOOL DISTRICT NORTH BEND SCHOOL DISTRICT 13
BOGALUSA HIGH SCHOOL, LA NORTH CLACKAMAS SCHOOL DISTRICT
BOSSIER PARISH SCHOOL BOARD NORTH DOUGLAS SCHOOL DISTRICT
BROOKING HARBOR SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21
CADDO PARISH SCHOOL DISTRICT NORTHWEST REGIONAL EDUCATION SERVICE
CALCASIEU PARISH SCHOOL DISTRICT DISTRICT
CANBY SCHOOL DISTRICT ONTARIO MIDDLE SCHOOL
CANYONVILLE CHRISTIAN ACADEMY OREGON TRAIL SCHOOL DISTRICT NOA6
CASCADE SCHOOL DISTRICT ORLEANS PARISH SCHOOL DISTRICT
CASCADES ACADEMY OF CENTRAL OREGON PHOENIX-TALENT SCHOOL DISTRICT NOA
CENTENNIAL SCHOOL DISTRICT PLEASANT HILL SCHOOL DISTRICT
CENTRAL CATHOLIC HIGH SCHOOL PORTLAND JEWISH ACADEMY
CENTRAL POINT SCHOOL DISTRICT NO.6 PORTLAND PUBLIC SCHOOLS
CENTRAL SCHOOL DISTRICT 13J RAPIDES PARISH SCHOOL DISTRICT
COOS BAY SCHOOL DISTRICT NO.9 REDMOND SCHOOL DISTRICT
CORVALLIS SCHOOL DISTRICT 509J REYNOLDS SCHOOL DISTRICT
COUNTY OF YAMHILL SCHOOL DISTRICT 29 ROGUE RIVER SCHOOL DISTRICT
CULVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS
DALLAS SCHOOL DISTRICT NO.2 SCAPPOOSE SCHOOL DISTRICT 1J
DAVID DOUGLAS SCHOOL DISTRICT SAINT TAMMANY PARISH SCHOOL BOARD, LA
DAYTON SCHOOL DISTRICT NO.8 SEASIDE SCHOOL DISTRICT 10
DE LA SALLE N CATHOLIC HS SHERWOOD SCHOOL DISTRICT 88J
DESCHUTES COUNTY SCHOOL DISTRICT NO.6 SILVER FALLS SCHOOL DISTRICT 4J
DOUGLAS EDUCATIONAL DISTRICT SERVICE SOUTH LANE SCHOOL DISTRICT 45J3
DUFUR SCHOOL DISTRICT NO.29 SOUTHERN OREGON EDUCATION SERVICE
EAST BATON ROUGE PARISH SCHOOL DISTRICT DISTRICT
ESTACADA SCHOOL DISTRICT NO.10B SPRINGFIELD PUBLIC SCHOOLS
FOREST GROVE SCHOOL DISTRICT SUTHERLIN SCHOOL DISTRICT
GEORGE MIDDLE SCHOOL SWEET HOME SCHOOL DISTRICT NO.55
GLADSTONE SCHOOL DISTRICT TERREBONNE PARISH SCHOOL DISTRICT
GRANTS PASS SCHOOL DISTRICT 7 THE CATLIN GABEL SCHOOL
GREATER ALBANY PUBLIC SCHOOL DISTRICT TIGARD-TUALATIN SCHOOL DISTRICT
GRESHAM BARLOW JOINT SCHOOL DISTRICT UMATILLA MORROW ESD
HEAD START OF LANE COUNTY WEST LINN WILSONVILLE SCHOOL DISTRICT
HIGH DESERT EDUCATION SERVICE DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT
Version October 4, 2024
WOODBURN SCHOOL DISTRICT NEBO SCHOOL DISTRICT, UT
YONCALLA SCHOOL DISTRICT NO UT ACAD FOR MATH ENGINEERING & SCIENCE
ACADEMY FOR MATH ENGINEERING & SCIENCE (NUAMES), UT
(AMES), UT NOAH WEBSTER ACADEMY, UT
ALIANZA ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT
ALPINE DISTRICT, UT NORTH SANPETE SCHOOL DISTRICT, UT
AMERICAN LEADERSHIP ACADEMY, UT NORTH STAR ACADEMY, UT
AMERICAN PREPARATORY ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT
BAER CANYON HIGH SCHOOL FOR SPORTS & ODYSSEY CHARTER SCHOOL, UT
MEDICAL SCIENCES, UT OGDEN PREPARATORY ACADEMY, UT
BEAR RIVER CHARTER SCHOOL, UT OGDEN SCHOOL DISTRICT, UT
BEAVER SCHOOL DISTRICT, UT OPEN CLASSROOM, UT
BEEHIVE SCIENCE & TECHNOLOGY ACADEMY OPEN HIGH SCHOOL OF UTAH, UT
(BSTA) , UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT
BOX ELDER SCHOOL DISTRICT, UT PARADIGM HIGH SCHOOL, UT
CBA CENTER, UT PARK CITY SCHOOL DISTRICT, UT
CACHE SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT
CANYON RIM ACADEMY, UT PIUTE SCHOOL DISTRICT, UT
CANYONS DISTRICT, UT PROVIDENCE HALL, UT
CARBON SCHOOL DISTRICT, UT PROVO SCHOOL DISTRICT, UT
CHANNING HALL, UT QUAIL RUN PRIMARY SCHOOL, UT
CHARTER SCHOOL LEWIS ACADEMY, UT QUEST ACADEMY, UT
CITY ACADEMY, UT RANCHES ACADEMY, UT
DAGGETT SCHOOL DISTRICT, UT REAGAN ACADEMY, UT
DAVINCI ACADEMY, UT RENAISSANCE ACADEMY, UT
DAVIS DISTRICT, UT RICH SCHOOL DISTRICT, UT
DUAL IMMERSION ACADEMY, UT ROCKWELL CHARTER HIGH SCHOOL, UT
DUCHESNE SCHOOL DISTRICT, UT SALT LAKE ARTS ACADEMY, UT
EARLY LIGHT ACADEMY AT DAYBREAK, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT
EAST HOLLYWOOD HIGH, UT SALT LAKE SCHOOL DISTRICT, UT
EDITH BOWEN LABORATORY SCHOOL, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS,
EMERSON ALCOTT ACADEMY, UT UT
EMERY SCHOOL DISTRICT, UT SAN JUAN SCHOOL DISTRICT, UT
ENTHEOS ACADEMY, UT SEVIER SCHOOL DISTRICT, UT
EXCELSIOR ACADEMY, UT SOLDIER HOLLOW CHARTER SCHOOL, UT
FAST FORWARD HIGH, UT SOUTH SANPETE SCHOOL DISTRICT, UT
FREEDOM ACADEMY, UT SOUTH SUMMIT SCHOOL DISTRICT, UT
GARFIELD SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT
GATEWAY PREPARATORY ACADEMY, UT SUCCESS ACADEMY, UT
GEORGE WASHINGTON ACADEMY, UT SUCCESS SCHOOL, UT
GOOD FOUNDATION ACADEMY, UT SUMMIT ACADEMY, UT
GRAND SCHOOL DISTRICT, UT SUMMIT ACADEMY HIGH SCHOOL, UT
GRANITE DISTRICT, UT SYRACUSE ARTS ACADEMY, UT
GUADALUPE SCHOOL, UT THOMAS EDISON - NORTH, UT
HAWTHORN ACADEMY, UT TIMPANOGOS ACADEMY, UT
INTECH COLLEGIATE HIGH SCHOOL, UT TINTIC SCHOOL DISTRICT, UT
IRON SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT
ITINERIS EARLY COLLEGE HIGH, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING
JOHN HANCOCK CHARTER SCHOOL, UT ARTS, UT
JORDAN DISTRICT, UT UINTAH RIVER HIGH, UT
JUAB SCHOOL DISTRICT, UT UINTAH SCHOOL DISTRICT, UT
KANE SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT
KARL G MAESER PREPARATORY ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT
LAKEVIEW ACADEMY, UT UTAH ELECTRONIC HIGH SCHOOL, UT
LEGACY PREPARATORY ACADEMY, UT UTAH SCHOOLS FOR DEAF & BLIND, UT
LIBERTY ACADEMY, UT UTAH STATE OFFICE OF EDUCATION, UT
LINCOLN ACADEMY, UT UTAH VIRTUAL ACADEMY, UT
LOGAN SCHOOL DISTRICT, UT VENTURE ACADEMY, UT
MARIA MONTESSORI ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING
MERIT COLLEGE PREPARATORY ACADEMY, UT ARTS AND TECHNOLOGY, UT
MILLARD SCHOOL DISTRICT, UT WALDEN SCHOOL OF LIBERAL ARTS, UT
MOAB CHARTER SCHOOL, UT WASATCH PEAK ACADEMY, UT
MONTICELLO ACADEMY, UT WASATCH SCHOOL DISTRICT, UT
MORGAN SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT
MOUNTAINVILLE ACADEMY, UT WAYNE SCHOOL DISTRICT, UT
MURRAY SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT
NAVIGATOR POINTE ACADEMY, UT WEILENMANN SCHOOL OF DISCOVERY, UT
Version October 4, 2024
UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
HIGHER EDUCATION
ARGOSY UNIVERSITY STATE AGENCIES
BATON ROUGE COMMUNITY COLLEGE, LA ADMIN. SERVICES OFFICE
BIRTHINGWAY COLLEGE OF MIDWIFERY BOARD OF MEDICAL EXAMINERS
BLUE MOUNTAIN COMMUNITY COLLEGE HAWAII CHILD SUPPORT ENFORCEMENT AGENCY
BRIGHAM YOUNG UNIVERSITY - HAWAII HAWAII DEPARTMENT OF TRANSPORTATION
CENTRAL OREGON COMMUNITY COLLEGE HAWAII HEALTH SYSTEMS CORPORATION
CENTENARY COLLEGE OF LOUISIANA OFFICE OF MEDICAL ASSISTANCE PROGRAMS
CHEMEKETA COMMUNITY COLLEGE OFFICE OF THE STATE TREASURER
CLACKAMAS COMMUNITY COLLEGE OREGON BOARD OF ARCHITECTS
COLLEGE OF THE MARSHALL ISLANDS OREGON CHILD DEVELOPMENT COALITION
COLUMBIA GORGE COMMUNITY COLLEGE OREGON DEPARTMENT OF EDUCATION
CONCORDIA UNIVERSITY OREGON DEPARTMENT OF FORESTRY
GEORGE FOX UNIVERSITY OREGON DEPT OF TRANSPORTATION
KLAMATH COMMUNITY COLLEGE DISTRICT OREGON DEPT. OF EDUCATION
LANE COMMUNITY COLLEGE OREGON LOTTERY
LEWIS AND CLARK COLLEGE OREGON OFFICE OF ENERGY
LINFIELD COLLEGE OREGON STATE BOARD OF NURSING
LINN-BENTON COMMUNITY COLLEGE OREGON STATE DEPT OF CORRECTIONS
LOUISIANA COLLEGE, LA OREGON STATE POLICE
LOUISIANA STATE UNIVERSITY OREGON TOURISM COMMISSION
LOUISIANA STATE UNIVERSITY HEALTH SERVICES OREGON TRAVEL INFORMATION COUNCIL
MARYLHURST UNIVERSITY SANTIAM CANYON COMMUNICATION CENTER
MT. HOOD COMMUNITY COLLEGE SEIU LOCAL 503, OPEU
MULTNOMAH BIBLE COLLEGE SOH- JUDICIARY CONTRACTS AND PURCH
NATIONAL COLLEGE OF NATURAL MEDICINE STATE DEPARTMENT OF DEFENSE, STATE OF
NORTHWEST CHRISTIAN COLLEGE HAWAII
OREGON HEALTH AND SCIENCE UNIVERSITY STATE OF HAWAII
OREGON INSTITUTE OF TECHNOLOGY STATE OF HAWAII, DEPT. OF EDUCATION
OREGON STATE UNIVERSITY STATE OF LOUISIANA
OREGON UNIVERSITY SYSTEM STATE OF LOUISIANA DEPT. OF EDUCATION
PACIFIC UNIVERSITY STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT
PIONEER PACIFIC COLLEGE ATTORNEY
PORTLAND COMMUNITY COLLEGE STATE OF UTAH
PORTLAND STATE UNIVERSITY
REED COLLEGE
RESEARCH CORPORATION OF THE UNIVERSITY OF
HAWAII
ROGUE COMMUNITY COLLEGE
SOUTHEASTERN LOUISIANA UNIVERSITY
SOUTHERN OREGON UNIVERSITY (OREGON
UNIVERSITY SYSTEM)
SOUTHWESTERN OREGON COMMUNITY COLLEGE
TULANE UNIVERSITY
TILLAMOOK BAY COMMUNITY COLLEGE
UMPQUA COMMUNITY COLLEGE
UNIVERSITY OF HAWAII BOARD OF REGENTS
UNIVERSITY OF HAWAII-HONOLULU COMMUNITY
COLLEGE
UNIVERSITY OF OREGON-GRADUATE SCHOOL
UNIVERSITY OF PORTLAND
UNIVERSITY OF NEW ORLEANS
WESTERN OREGON UNIVERSITY
WESTERN STATES CHIROPRACTIC COLLEGE
WILLAMETTE UNIVERSITY
XAVIER UNIVERSITY
UTAH SYSTEM OF HIGHER EDUCATION, UT
UNIVERSITY OF UTAH, UT
UTAH STATE UNIVERSITY, UT
WEBER STATE UNIVERSITY, UT
SOUTHERN UTAH UNIVERSITY, UT
SNOW COLLEGE, UT
DIXIE STATE COLLEGE, UT
COLLEGE OF EASTERN UTAH, UT
UTAH VALLEY UNIVERSITY, UT
SALT LAKE COMMUNITY COLLEGE, UT
Version October 4, 2024
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 Bland County, VA
Abingdon, VA Carroll County, VA
Blacksburg, VA Floyd County, VA
Bristol, VA Giles County, VA
Christiansburg, VA Grayson County, VA
Damascus, VA Montgomery County, VA
Galax, VA Patrick County, VA
Marion, VA Pulaski County, VA
Pulaski, VA Smyth County, VA
Radford, VA Washington County, VA
Wytheville, VA Wythe County, VA
COUNTIES
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
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
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
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
Amelia County Public Schools, VA
Amherst County Public Schools, VA
Appomattox County Public Schools, VA
Arlington Public Schools, VA
Augusta County Public Schools, VA
Bath County Public Schools, VA
Bedford City Public Schools, VA
Bedford County Public Schools, VA
Bland County Public Schools, VA
Botetourt County Public Schools, VA
Bristol Public Schools, VA
Brunswick County Public Schools, VA
Buchanan County Public Schools, VA
Buckingham County Public Schools, VA
Buena Vista City Public Schools, VA
Campbell County Public Schools, VA
Caroline County Public Schools, VA
Carroll County Public Schools, VA
Charles City County Public Schools, VA
Charlotte County Public Schools, VA
Charlottesville City Schools, VA
Chesapeake Public Schools, VA
Chesterfield County Public Schools, VA
Clarke County Public Schools, VA
Colonial Beach Public Schools, VA
Colonial Heights Public Schools, VA
Covington City Public Schools, VA
Craig County Public Schools, VA
Culpeper County Public Schools, VA
Cumberland County Public Schools, VA
Danville Public Schools, VA
Dickenson County Public Schools, VA
Dinwiddie County Public Schools, VA
Essex County Public Schools, VA
Fairfax County Public Schools, VA
Falls Church City Public Schools, VA
Fauquier County Public Schools, VA
Floyd County Public Schools, VA
Fluvanna County Public Schools, VA
Franklin City Public Schools, VA
Franklin County Public Schools, VA
Frederick County Public Schools, VA
Fredericksburg City Schools, VA
Galax City Public Schools, VA
Giles County Public Schools, VA
Gloucester County Public Schools, VA
Goochland County Public Schools, VA
Grayson County Public Schools, VA
Greene County Public Schools, VA
Greensville County Public Schools, VA
Halifax County Public Schools, VA
Hampton City Schools, VA
Hanover County Public Schools, VA
Harrisonburg City Public Schools, VA
Henrico County Public Schools, VA
Henry County Public Schools, VA
Highland County Public Schools, VA
Hopewell City 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
Waynesboro Public Schools, VA
Westmoreland County Public Schools, VA
West Point Public Schools, VA
Williamsburg-James City County Public Schools, VA