8.1_-_Federal_Lobbying_Certification.docx

DOCX document 42 KB Posted

Attached to
26-015QP - AAC Roosevelt Pinehurst Way NE Project Construction (FHWA)
Solicitation number
26-015QP
Issued by
King County, Washington

About this file

This is a Federal Lobbying Certification document issued by the City of Seattle for use in state and local contract opportunities involving federal funding. The certification applies to the AAC Roosevelt Pinehurst Way NE Project, a pavement preservation initiative managed by the Seattle Department of Transportation (SDOT). The project involves hiring Construction Management (CM) services staff, including one full-time Resident Engineer, two full-time Construction Inspectors, one part-time Change Order/Scheduling specialist, one part-time Office Engineer, one Doc Control/Contract Administrator, and one part-time Outreach support position. The AAC work includes a 2-inch asphalt mill and overlay on Roosevelt Way and Pinehurst Way NE between NE 92nd Street and 15th Avenue NE, with estimated pre-construction services beginning December 2026, construction duration from December 2026 through January 2028, and closeout activities from January 2028 through June 2028.

The estimated construction contract value is $11 million, with the project funded through an $8.7 million PSRC preservation grant and contingent upon receiving federal funding. The certification requires that vendors, contractors, applicants, and sub-recipients certify they have not used federal appropriated funds for lobbying activities aimed at influencing federal contract awards, grants, loans, or cooperative agreements. Any contractor using non-federal funds for lobbying activities must submit a Disclosure of Lobbying Activities form (SF LLL) as often as once per calendar quarter if activities change materially, with material changes defined as cumulative increases of $25,000 or more in lobbying expenditures, changes in personnel conducting lobbying, or changes in contacted federal officials. The certification language must be included in all vendor purchase agreements, subcontracts, and subawards at all tiers, and violations carry civil penalties ranging from $10,000 to $100,000 for each failure.

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Text version

City of Seattle Certification Regarding Lobbying

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. If a contractor, applicant, or recipient has used Federal appropriated funds for the covered lobbying activity, this must be disclosed to the Point of Contact in the application, bid package, or award with the City of Seattle.

2. For any federal covered action, in addition to those associated with this Agreement, Vendors, Contractors, Applicants, and recipients that use non-federal funds for lobbying must submit a “Disclosure of Lobbying Activities” form (SF LLL) to report these activities and to identify the name of the individuals performing lobbying services. Contractors, applicants, and recipients must submit SF LLL as often as once per calendar quarter, depending on whether the lobbying activities change materially. If the activities change materially, the Contractors, applicants, and recipients must file an additional form for that quarter. The regulation defines Material changes to include (1) a cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; (2) a change in the person or individuals influencing or attempting to influence a covered Federal action; or (3) a change in the agency officers, employees, or Members of Congress or their employees or officers, contacted to influence or attempt to influence a covered Federal action. The SF LLL must be completed in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96)] and use of the 1997 reissuance of the form by the federal Office of Management and Budget. Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]

3. The undersigned shall require that the language of this certification be included in the purchasing, contracting and award documents for all vendor purchase agreements, subcontracts, or subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors, subvendors, and 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor, Consultant, Contractor, Applicant, or Sub-recipient, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Consultant understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

__________________________ Signature of Vendor, Consultant, Contractor, Applicant, or Sub-recipient’s Authorized Official

__________________________ Name and Title of said Authorized Official

__________________________ Date

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Revised: March 2017

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