1-RFP 26-18 Landscape Maintenance for Newton County.docx

REQUEST FOR PROPOSAL

26-18

NEWTON COUNTY BOARD OF COMISSIONERS

Landscape Maintenance

May 11, 2026

SUBMISSIONS ARE DUE ELECTRONIALLY, USING THE PORTAL BELOW, NO LATER THAN

June 10, 2026 at 9:00 AM https://co-newton-ga.bonfirehub.com/portal/?tab=login

THE OFFEROR IS RESONSIBLE FOR SUBMITTING A RESPONSE TO THIS REQUEST FOR PROPOSAL (RFP) TO NEWTON COUNTY ON OR BEFORE THE STATED DEADLINE Issue May 11, 2026

ADVERTISEMENT FOR REQUEST FOR PROPOSAL

Landscape Maintenance

RFP #26-18

Newton County Board of Commissioners will be receiving separate sealed proposals for Landscape Maintenance until 9:00 AM, local time, Monday, June 10, 2026. ALL PROPOSALS MUST BE SUMITTED THROUGH BONFIRE’S ELECTRONIC SUMBISSION PORTAL.

Only employees of the successful proposer will be permitted to work on County property. Subcontracting of employees or companies is not permitted.

INSURANCE:

Respondent shall maintain the following insurance:

a) Comprehensive General Liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000.00 per occurrence, and property damage with limits of no less than $1,000,000.00 per occurrence;

b) Commercial Automobile Liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000.00 per occurrence, and property damage with limits of no less than $1,000,000.00 per accident;

c) Statutory Worker's Compensation Insurance, including $1,000,000.00 employer's liability insurance;

All insurance shall be provided by an insurer(s) acceptable to the County, and shall provide for thirty (30) days prior notice of cancellation to the County. Upon request, Contractor shall deliver to the County a certificate or policy of insurance evidencing Contractors compliance with this paragraph. Contractor shall abide by all terms and conditions of the insurance and shall do nothing to impair or invalidate the coverage.

Each proposal will be considered by the Newton County Board of Commissioners, taking into consideration specific evaluation factors, as set forth in the Request for Proposal. The County reserves the right to reject any or all Proposals, including without limitation, the right to reject any Proposal that the County believes would not be in the best interest of the Project.

Digital copies of the PROPOSAL DOCUMENTS may be obtained at the Purchasing office at no charge by visiting www.co.newton.ga.us or contacting Randi Fincher at 678-625-1237 or rfincher@co.newton.ga.us. Hard copies of the PROPOSAL DOCUMENTS may be obtained upon a non-refundable payment of $25.00 for each set. The County is not obligated to consider the contractor’s proposal if they are not on record with the issuing office as having received complete Proposal Documents.

May 11, 2026 Newton County Board of Commissioners

INTRODUCDON

Newton County Board of Commissioners is requesting separate Sealed Proposals for Landscape Maintenance for Newton County. Instructions for preparation and submission of a proposal are contained in this packet. Proposals must be typed or printed in ink.

Newton County provides equal opportunity for all businesses and does not discriminate against any person or business because of race, color, religion, sex, national origin, handicap or veteran’s status. This policy ensures all segments of the business community have access to supplying the goods and services needed by Newton County.

PURCHASING CONTACT FOR THIS REQUEST:

All questions concerning this invitation and all questions arising subsequent to award are to be addressed to the Purchasing Department at the following address:

Newton County Purchasing Department, Attn: Randi Fincher, 1113 Usher Street, Suite 204, Covington, GA 30014 Phone: 678-625-1237 E-mail: rfincher@co.newton.ga.us

To maintain a “level playing field”, and to assure that all proposers receive the same information, proposers are requested NOT to contact anyone other than the contact listed above until after the award of the contract. Doing so could result in disqualification of the proposer.

SUBMISSION INSTRUCTIONS AND DUE DATE

Please follow these instructions to submit via our Electronic Submission Portal.

1. Prepare your submission materials:

Requested Information:

Technical Proposal (include all “required” documents)

The maximum upload file size is 1 GB.

Upload your submission at:

https://co-newton-ga.bonfirehub.com/portal/?tab=login

Your submission must be uploaded prior to the Proposals Due Date.

Proposals received after this time will not be accepted.

Newton County BOC accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure or any other similar cause.

Each item of Requested Information is instantly sealed and will only be visible after the Proposals Due Date and Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed.

All of the PRICE PROPOSAL RESPONSES shall be loaded into the portal under “Price Proposal” ONLY. Failure to upload your documents in the correct line may cause potential contractor to be considered “nonresponsive”.

Need Help?

Newton County BOC uses Bonfire’s portal for accepting proposals digitally. Please contact Bonfire at https://co-newton-ga.bonfirehub.com/portal/support.

ADDENDA

Answers to questions submitted that materially change the conditions and specifications of this RFP will be distributed to all addressees as an addendum. Any discussions or documents will be considered non‑binding unless incorporated and distributed in an addendum. Answers to all questions shall be provided a minimum of 72 hours prior to the time the Proposal is due.

Proposers shall check with the Purchasing Department frequently during the bidding process to verify that they have received all issued addendums. While every attempt is made to make sure that registered proposers receive notice of addendums, proposers have the responsibility of making sure that they have received all issued addendums. Addenda are required to be signed and returned with the proposal submittal.

PROPRIETARY INFORMATION

Careful consideration should be given before submitting confidential information to Newton County. The Georgia Open Records Act permits public scrutiny of most materials collected as part of this process. Please clearly mark any information that is considered a trade secret, as defined by the Georgia Trade Secrets Act of 1990, O.C.G.A. §10-1-760 et seq., as trade secrets are exempt from disclosure under the Open Records Act. Newton County does not guarantee the confidentiality of any information not clearly marked as a trade secret.

AWARD OF CONTRACT

The Newton County Purchasing Department and Evaluation Committee will make a recommendation for award(s). The Board of Commissioners will make the actual award of the contract(s) and has the authority to not award the contract(s).

This is a qualification/performance/price trade-off source selection in which competing offeror’s performance history and qualification will be evaluated first. More than one award may arise from this RFP. Award(s) will be made to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors listed below. Newton County may reject any or all proposals and to waive any technicalities or informalities if such action is in the county’s interest.

Newton County intends to evaluate proposals and award a contract(s) without discussions with offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The County reserves the right to conduct discussions if the County later determines them to be necessary.

Proposers will be evaluated based on the following criteria and may be called in for an interview. The County intends to award the contract to the responsible and responsive contractor whose proposal is determined in writing to be the most advantageous to the County taking into consideration all of the evaluation criteria.

EVALUATION CRITERIA

Proposals will be evaluated using the categories and scoring indicated below:

INSURANCE

With its proposal, each proposer shall indicate whether it meets the insurance requirements stated above, or if greater coverage is held, the coverage types and amounts in its insurance program.

LICENSES

Contractor shall maintain a valid Business License for the duration of their contract term along with all applicable State Licenses and Permits, including any required licenses issued by the Georgia Department of Agriculture, including but not limited to a Pesticide Contractor’s License and a Commercial Applicator License. A current copy of all required licenses shall be submitted with your proposal.

TERM OF CONTRACT AND SAMPLE CONTRACT-

The Contract term will be for one year with up to four (4) one (1) year optional renewal.

CONTRACT ADMINISTRATION

The contact for any Task Assignments or purchase order(s) arising as a result of this RFP shall be Jason Johnson, Director of Facilities.

TENTATIVE BID SCHEDULE

WITHDRAWAL OF PROPOSAL

A proposer may withdraw his proposal before the proposal due date, without prejudice to the proposer, by submitting a written request of withdrawal to the Newton County Purchasing Department. Following the proposal due date, submitted proposals shall be valid for a period of ninety (90) days from the proposal due date.

REJECTION OF PROPOSAL

Newton County may reject any and all proposals and must reject a proposal of any party who has been delinquent or unfaithful in any formal contract with Newton County. Also, the right is reserved to waive any irregularities or informalities in any proposal in the proposing procedure. The County shall be the sole judge as to which proposal is best, and in ascertaining this, will take into consideration the business integrity, financial resources, facilities for performing the work, and experience in similar operations of the various proposers.

STATEMENT OF EXPERIENCE AND QUALIFICATIONS

The proposer may be required, upon request, to prove to the satisfaction of Newton County that he/she has the skill, experience, necessary facilities and ample financial resources to perform the contract(s) in a satisfactory manner and within the required time. If the available evidence of competency of any proposer is not satisfactory, the proposal of such proposer may be rejected. The successful proposer is required to comply with and abide by all applicable federal and state laws in effect at the time the contract is awarded.

NON-COLLUSION AFFIDAVIT

By submitting a proposal, the proposer represents and warrants that such proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not therein named, that the proposer has not directly or indirectly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from proposing and that the proposer has not in any manner sought by collusion to secure to that proposer any advantage over any other proposer.

NO CONFLICT OF INTEREST

By submitting a proposal, the proposer represents and warrants that no Commissioner, Administrator, employee, or any other person employed by Newton County has, in any manner, an interest, directly or indirectly, in the proposal or in the contract which may be made under it, or in any expected profits to arise therefrom.

DOCUMENTS DEEMED PART OF THE CONTRACT

The notice, invitation to proposers, general conditions, and instructions for proposers, special conditions, specifications, proposal, and addenda, if any, will be deemed part of the contract.

STANDARD INSTRUCTIONS

1. The instructions contained herein shall be construed as a part of any proposal invitation and/or specifications issued by Newton County and must be followed by each proposer.

2. The written specifications contained in this proposal shall not be changed or superseded except by written addendum. Failure to comply with the written specifications for this proposal may result in disqualification.

3. All proposals must be received through the portal (information provide above) by proposal due date and time. Each proposer assumes the responsibility for having his/her proposal received at the designated time and place of proposal due date. Proposals received after the stated time and date may be subject to rejection without consideration. Newton County accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure or any other similar cause.

4. Unless otherwise stated, all proposals submitted shall be valid and may not be withdrawn for a period of 90 days from the due date.

5. Each proposal form submitted must include the name of the business, mailing address, the name, title and signature of the person submitting the proposal.

6. The County reserves the right to reject any and all proposals.

7. Telephone, Telegraphic or Facsimile proposals will not be accepted.

8. If applicable, completed questionnaires must be signed manually. Newton County reserves the right to accept or reject any proposal on the basis of incomplete or inaccurate answers to the questionnaire.

9. Proposers shall identify any subcontractors, Joint Ventures, and include an explanation of the service or product that they may provide.

SPECIFIC INSTRUCTIONS

Any Proposer submitting a Proposal in response to the aforesaid Request for Proposal shall comply with the following specific instructions:

(1) The submission of a Proposal constitutes a representation by the Contractor that it has studied and examined the Proposal Documents, including the scope of work attached to this RFP.

(2) Any Proposal may include such documentation and information as the contractor deems appropriate to establish that it is a responsible and responsive Contractor and that its Proposal is the most advantageous to the County, taking into consideration the specific evaluation factors, as set forth in the aforesaid Request for Proposals.

(3) Any changes, additions, interpretations, or corrections, to or concerning the Proposal Documents prior to the date for submission of Proposals will be issued as an Addendum by the County. Only such written changes, additions, interpretations, or corrections by Addendum shall be binding. Any changes, additions, interpretations, corrections given by any other method shall not be valid and the Contractor shall not rely upon in any manner whatsoever any verbal statements, instructions, interpretations, corrections, or other information provided by the County. Addendum will be posted on the portal.

(4) All Proposals must be signed by a duly authorized officer, member, or general partner (as appropriate) and dated. All blanks on the completed Proposal Form shall be filled in where so requested. The completed Proposal shall be without interlineations, alterations or erasures.

(5) Upon submission, all Proposals shall become and remain the property of the County. The County shall have no liability arising out of the disclosure, dissemination, or publication of any Proposal or any information contained therein.

(6) Any Proposal submitted to the County shall remain open for acceptance by the County, and same shall be honored by the contractor, for a period of ninety (90) days of the date set forth hereinabove for the receipt of Proposals;

(7) The County reserves the right to amend these Instructions, or clarify same by Addendum, within the time provided by Georgia Law. If such revisions or amendments are of such magnitude as to warrant, in the sole discretion of the County, the postponement for the date of the submission and receipt of Proposals, written notification shall be issued to any contractor who has notified the County in writing of its intent to submit a Proposal pursuant to the County’s Request for Proposals.

(8) A Summary Checklist of the items in be included in each proposal is shown below:

Exhibit A: Proposal Certification (REQUIRED) Exhibit B: Technical Proposal Exhibit C: Price Proposal Sheet (REQUIRED, UPLOADED SEPARATELY) Exhibit D: Non-Collusion Affidavit (REQUIRED) Exhibit E: Business License & Professional License (REQUIED) Exhibit F: Insurance Certificate (REQUIRED) Exhibit G: Immigration and Security Form (REQUIRED) Exhibit H: Sub-Consultant’s Affidavit of Employment Eligibility (REQUIRED) Exhibit I: Certification Regarding Debarment (REQUIRED) Exhibit J: Any addenda received from County (REQUIRED IF APPLICABLE)

Exhibit A

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, contractor or person submitting a proposal for the same, and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this Request for Proposal #26-18 and certify that I am authorized to sign this proposal for the company.

This ______________________ day of ____________________ 20__.

Company Name (Please Type or Print) Person Authorized to Sign:

Name: _____________________________ Name:________________________________

Street: ___________________________ Title: _________________________________

City: ____________________________ Telephone Number: ( ) ________________

State: ___________ Zip: __________ Signature: ____________________________

Email: _______________________________________________________________________

Exhibit B Technical Proposal

The proposal submitted may be no longer than one hundred (100) pages, including all text, charts, photographs and resumes. The technical proposal paragraphs must correspond to the numbering sections below:

PRICE PROPOSAL SHEET (uploaded separate under proposal price)

· Your proposal shall provide separate price per location as well as overall cost. Price proposal sheet is to be sealed separate from submittal

FIRM AND PERSONNEL

· Describe the ownership and current principals of your firm.

· Provide names and experience of those that will perform work at the sites.

· Describe history and growth of your firm.

FINANCIAL RESPONSIBILITY

· Provide three (3) financial references.

· Please provide explanation if your firm, or any predecessor firm, has ever filed for bankruptcy.

· Has your firm ever defaulted on a contract or been dismissed from a project?

· Please identify any previous business relationships with public entities in Newton County. Describe any outstanding claims or financial disputes with any of these entities.

Requirements:

· Contractor shall maintain a valid Business License for the duration of their contract term along with all applicable State Licenses and Permits, including any required licenses issued by the Georgia Department of Agriculture, including but not limited to a Pesticide Contractor’s License and a Commercial Applicator License. A current copy of all required licenses shall be submitted with your proposal.

· Must maintain all licensing and insurance for the duration of contract.

· Only employees of the successful proposer will be permitted to work on County property. Subcontracting of employees or companies is not permitted.

General Landscape Maintenance Services Specifications:

Changes to List of Sites Newton County reserves the right to add or delete sites as needed during the term of the agreement. Added sites shall be negotiated between Newton County and the contractor. If an agreement cannot be reached regarding the additional cost for the added sites, Newton County reserves the right to bid those sites out separately. The Facilities Manager shall be responsible for deleting sites when the site no longer requires maintenance by the Contractor.

Equipment Contractor shall be responsible for providing and storing of all equipment, chemicals, supplies, etc.

Terms of Payment Contractor shall submit a receiving ticket signed by a site representative, if available, as proof of work performed with the invoice. Invoices are to be for one (1) month of service, showing site name and number of cuts/services per site. Newton County Board of Commissioners is a Net 30.

Level of Services

· Mowing: All mowers shall be adjusted to 2 ½” to 3” cutting height as directed by the County, shall be in good repair, shall have no oil or gas leaks, and shall be equipped with sharp blades. Alternate mowing patterns shall be used to reduce soil compaction.

· Chemical Weed Control Used as Needed: At sites that are to be maintained free of weeds and overgrowth of grass by a chemical weed control product, caution shall be taken not to damage any existing plants, vegetation, or property. Contractor shall be responsible for the replacement of any such damaged property. The contractor shall present the Facilities Manager with a Material Safety Data Sheet on all weed control products to be approved for use.

· Cleaning: Sites are to be cleared of any and all debris BEFORE MOWING. (Paper, Bottles, Large Rocks, Etc.) Trash receptacles and urns are to be emptied and maintained.

· Weed Eating: For sites were chemical weed control is not appropriate, weeds and overgrowth of grass shall be controlled by weed eating. Caution shall be taken not to damage any existing plants, vegetation or property. Contractor shall be responsible for the replacement of any such damaged property. Some sites may require hand weeding and shall be so labeled in the site specifications.

· Edging: Sidewalks and curbs shall be edged and kept neat in appearance as part of each grass cut. Fences at all contracted sites are to be maintained weed and vine free.

· Fertilization of Properties: Sites where fertilization is recommended by contractor shall be submitted to the Facilities Manager for approval. After approval, any fertilization cost shall be billed SEPARATELY from this contract at an agreed upon cost

· Sites are to be mowed once a week except during extremely dry weather or during winter months (November thru February). Contract may expect an average of forty-two (42) cuts per year except for the Indigent Cemetery which shall be cut six (6) times a year. Fairview Parking lot and Beaver Park shall be cut thirty (30) times a year.

· All entrances, landing, parking lots, sidewalks and walkways shall be weed eat, chemical weed control as needed and edged as well as blown free of leaves, litter and debris weekly. At no time are the leaves or litter to be blown into storm sewers or wooded areas.

· Shrubs and trees shall be maintained/trimmed as needed.

· Maintain beds with pine straw or mulch 2 times per year.

· Pruning or removal of plants, shrubs and trees where and when needed.

· Pine straw is to be placed at all established planting areas with a thickness of 4”, maintained at all times. Contract shall be responsible for top dressing the established beds to maintain a groomed appearance (this shall be included in lump sum).

· Contractor is responsible for seasonal planning (twice per year) in window boxes, planters and established beds when needed. Shall be negotiated at time of installation (not included in proposal price).

· Included in the proposal should be some contingency for fungus control.

Exhibit D Non-Collusion Affidavit of Prime Bidder/Subcontractor

State of Georgia Newton County, Georgia

, being the first duly sworn, deposes and says that:

1. He/she is of (Owner, partner, etc.) (Company) the Bidder that has submitted the attached Bid;

2. He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

3. Such Bid is genuine and is not a collusive or sham Bid;

4. Neither the said Bidder nor any of its officers, partners, owners, subcontractors, agents, representatives, employees or parties in interest including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix price or prices in the attached Bid or of any other Bidder, or to fix overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement and advantage against County or any person interested in the proposed contract;

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest including this affiant;

Exhibit E

Business License and State/Georgia Department of Agriculture Required License and Permit

Exhibit F

Insurance Certificate

Exhibit G

IMMIGRATION AND SECURITY FORM

O.C.G.A. § 13-10-91 requires Consultants interested in public works contracts to file an affidavit that the contractor and its subcontractors have registered and participate in a federal work authorization program intended to insure that only lawful citizens or lawful immigrants are employed by the contractor or subcontractor.

To ensure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et. seq., Consultant must warrant and affirm that Contractor has complied with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act by registering at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES; and verifying information of all new employees; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et.seq.

By executing this affidavit, the undersigned Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Newton County, Georgia has registered with and is participating in a federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91, and Contractor warrants that it will continue to use the federal work authorization program throughout the contract period.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Newton County, Georgia, Consultant will secure from such subconsultant(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Georgia Department of Labor Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to Newton County, Georgia at the time the subcontractor(s) is retained to perform such service.

Firm Name: _______________________________________________________________

Street/Mailing Address: ______________________________________________________

City, State, Zip Code: _______________________________________________________

Telephone Number: ________________________________________________________

Email: ___________________________________________________________________

Company Identification Number: __________________________________________________

Date of Authorization: ______________________________________________________

Exhibit H:

CONSULTANT’S AFFIDAVIT OF EMPLOYMENT ELIGIBILITY

State of Georgia Newton County, Georgia By executing this affidavit, the undersigned Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of Newton County has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned Consultant will continue to use the federal work authorization program throughout the contract period, and the undersigned Consultant will contract for the physical performance of services in satisfaction of such contract only with subconsultants who present an affidavit to the Consultant with the information required by O.C.G.A. § 13-10-91(b).

Consultant hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Consultant

Name of Project: -_____________________________________________________

_Newton County, Georgia_________________ Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______ ___, 20___ in __________ (City), __________ (State).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF _________, 20___.

Notary Public [NOTARY SEAL] My Commission Expires:

Exhibit I

CERTIFICATION REGARDING DEBARMENT SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation could disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available, the County may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled ''Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,'' provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 49 CFR pan 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

CERTIFICATION

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Organization Name PR/Award or Project Name

Name and Title

Signature Date

Exhibit J Acknowledgement of Addendums Issued by County

Acknowledgements:

Please fill out and sign below to indicate Addenda received to the RFP.

Received Addendum No. Dated:

Received Addendum No. Dated:

Received Addendum No. Dated:

Received Addendum No. Dated:

Received Addendum No. Dated:

This, the day of , 2021

Firm:

*By: Printed Name

*Signature

*Title

(Corporate Seal) image1.emf