Bid Packet 122024-02 NIGHT VISION.pdf

Solicitation 122024-02

NIGHT VISION

Bid Designation: Public

St. Tammany Parish Sheriff's Office

St. Tammany Parish Sheriff's Office

Notice Basic Information

Details

Reference Number 0000368652

Issuing Organization St. Tammany Parish Sheriff's Office

Owner Organization

Solicitation Type RFB - Request for Bid (Formal)

Solicitation Number 122024-02

Title Night Vision

Source ID PU.OTH.USA.2655277

Piggyback Solicitation Yes

Location St. Tammany Parish, Louisiana

Delivery Point SOD, Covington, LA

Purchase Type Duration:1 year

Description The St. Tammany Parish Sheriff's Office (STPSO) is seeking sealed bids for New Night Vision Goggles.

STPSO intends to purchase one (1) or more, NVGs within (1) one year;

however, NO MINIMUM orders will be accepted. Orders will be made on an "as needed" basis for the duration of contract. Pricing shall be valid for (1) one year from the date of award and have (1) one annual renewal. If bid is renewed the piggyback bid will renew also. All line items Must be bid on to be considered a responsive bidder. Bid prices shall include delivery of all items F.O.B. destination or as otherwise provided.

The bidder represents that all equipment offered under these specifications shall be NEW. Used, Shopworn, Demonstrator, or Prototype models ARE

NOT ACCEPTABLE.

If product being offered differs from product requested, specification sheets and photographs that represent the item(s) being proposed must be included. Bid will be awarded to one vendor that is the lowest responsible and responsive bidder submitting the lowest overall cost, meeting the required specifications. Vendor must provide pricing on all line items to be considered.

Each unit shall be equipped with the manufacturer's equipment and accessories which are included as "standard" in the advertised and published literature for the unit. No such item of equipment shall be removed or omitted for the reason that it was not specified in the bid documents.

Upon evaluation of bids received, bidders may be asked for a demonstration and/or sample to verify that the item proposed meets solicitation requirements. Requested sample and/or demonstration shall be at bidders expense.

In the event of a tie bid, vendors will be asked to submit a final offer and the award will then go to the lowest responsible, responsive vendor submitting the lowest cost meeting the required bid specifications.

Bids must include the following items:

Certificate of Insurance Signature sheet signed by an authorized representative (signature must be original and in ink. No photo copies or pencil signatures will be accepted) W-9

Sealed Bids are to be received by the ST. Tammany Parish Sheriff's Office Purchasing Department no later than 11:00 a.m. (CST), on DECEMBER 20, 2024. No Bids will be received after 11:00 a.m. on DECEMBER 20, 2024.

Bid Submittal options are as follows:

· Electronically – www.bidsync.com (a Digital signature is required pursuant to state law)

· Mail – STPSO Purchasing Department, P.O. Box 1229, Slidell, La. 70459

· Send via any carrier (FedEx, UPS, etc) or hand deliver during regular business hours to:

STPSO Purchasing Department, 300 Brownswitch Rd., Slidell, La. 70458

Bidders are responsible to ensure bid is received by the Purchasing Department no later than the above stated date and time. No late bids will be accepted.

Purchase orders will be issued as required by the St. Tammany Parish Sheriff's Office and are the vendor's ONLY authority to ship.

ST. Tammany Parish Sheriff's Office is Exempt from Sales Tax.

St Tammany Parish Sheriff's Office shall have the right to reject any or all Bids for just cause in keeping with La. R.S. 38:2214.

122024-02 - Night Vision

11/22/2024 11:02 AM CST Page 1 of 5

Dates

Contact Information

Buyer Preferences, Guidelines & Requirements

General Requirements

Award Requirements

Bid Submission Process

Publication Manual publication

Question Acceptance Deadline 12/16/2024 09:00 AM CST

Questions are submitted online Yes

Bid Intent Not Available

Closing Date 12/20/2024 11:00 AM CST

April Harberson

985-726-7734 aprilharberson@stpso.com

Penny Vance

985-726-7735

PURCHASING@STPSO.COM

Cynthia Bankston

985-726-7732 cynthiabankston@stpso.com

JEFF BRADY

985-276-1396 jeffbrady@stpso.com

- Insurance Required

- Warranty Information Required

- All or None Award

Bid Submission Type Electronic or Physical Bid Submission

Pricing Item Based

Pricing Item Based

Supplier can place No Bid on an Item

No

Bid Documents List

Item Name Description Mandatory Limited to 1 file

Bid Documents Documents defining the proposal No No

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Documents & Items Items

Project 1

Night Vision - NVG - Standard

No Description UOM Qty

1 L3Harris BNVD (AN/PVS-31A) 2376+ FOM. Units shall be brand new manufactured units.

-Weight of 0.99lbs or less -Matte black, corrosion resistant finish -Powered by one (1) AA battery (on-board) or four (4) AA batteries (remote) -Battery life of a minimum of 15 hour (single battery) or greater than 50 hours (four batteries) -66’ waterproof rating for 2 hours -Generation - U.S. Gen3 L3Harris MIL-SPEC unfilmed white phosphor -Intensifier tubes – Gen 3 U.S. L3Harris 18UM, MX-11769 variable gain -Resolution - 72 lp/mm (typical) -Film – Unfilmed -Gate – Auto -Gain – Adustable/Variable -Magnification – 1X -FOV – 40 degrees -Focus – 18” to infinity -Diopter - -.5 Standard -Must meet or exceed U.S. MIL-SPEC Performance, MIL-STD-810G

Manufacturer: L3Harris Part #: BNVD (AN/PVS-31A) 2376+ FOM Brand Preference: All Brands are acceptable Delivery Location: 1180 Champagne St., Covington, Louisiana, United States, 70433

Each 20

2 Accessories included with each unit:

-Padded MOLLE carry pouch -Rubber eye cups -Sacrificial windows -Wilcox Amber Filters -Remote battery pack -Remote power cable -Anti-fog wipes -Lens covers -Operator’s manual Part #: Accessories Brand Preference: All Brands are acceptable Delivery Location: 1180 Champagne St., Covington, Louisiana, United States, 70433

Each 20

3 Nocorium NVG Wraps (Vinyl) – L3Harris BNVD (AN/PVS-31A), Multicam Part #: Nocorium NVG Wraps Brand Preference: All Brands are acceptable Delivery Location: 1180 Champagne St., Covington, Louisiana, United States, 70433

Each 20

4 Wilcox L4 G34 Mount w/ low profile breakaway base – Tan P/N: 28300G24-T Part #: Wilcox L4 G34 Mount Brand Preference: All Brands are acceptable Delivery Location: 1180 Champagne St., Covington, Louisiana, United States, 70433

Each 20

Warranty - Warranty - Standard

No Description UOM Qty

5 10 year Warranty Part #: Warranty Brand Preference: All Brands are acceptable Delivery Location: 1180 Champagne St., Covington, Louisiana, United States, 70433

Each 1

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Categories Selected Categories

This copy of the NIGP Code is the property of the National Institute of Governmental Purchasing, Inc. (NIGP), is displayed and used by BidNet under license from Periscope Holdings, Inc. (the authorized sub-licensor of NIGP), and is protected under the copyright laws of the United States. It may not be copied or used (in whole or part) by any party unless such party is authorized to do so under the terms of a written license agreement entered into with NIGP or its authorized sub-licensors expressly authorizing such party to use the NIGP Code. Unauthorized copying or use is prohibited. Dated: January

NIGP Categories (2)

625 OPTICAL EQUIPMENT, ACCESSORIES, AND SUPPLIES

62580 Night Vision Devices Night Vision Devices

680 POLICE, PRISON AND SECURITY ACCESS EQUIPMENT AND SUPPLIES

68065 Night Vision Systems Night Vision Systems

11/20/2024 04:25 PM CST Page 4 of 4

BID CHECK LIST

This Check List is provided as a guide to ensure required information is returned with submitted Bid.

*Specifications may require additional items- this list is not necessarily all inclusive or final*

□ Vendor has read the “General Terms and Conditions”.

□ Original Signature; “Signature Form” and proof of signature authority.

***Pencil and/or photocopies of signature will disqualify a bid.

□ Vendor must include a copy of Insurance Requirements, “Attachment A”.

□ The Louisiana Preference Form is completed and attached, if applicable.

□ Vendor has completed and attached “New Vendor Registration” form and W9, if applicable.

□ The Certification of Site Visit Form is completed and attached, if applicable.

□ Bid is in a sealed envelope and labeled with Company Name and Bid Number.

St. Tammany Parish Sheriff’s Office General Terms and Conditions

Sealed bids are to be received by the St. Tammany Parish Sheriff’s Office Purchasing Department, 300 Brownswitch Rd., Slidell, LA 70458, until the date and hour specified on the “Bid Specification” form of the bid packet, at which time they will be publicly opened. Late bids will not be accepted and will be returned unopened.

Read the entire bid packet. All bids submitted are subject to these general terms and conditions and any special conditions and specifications contained within the bid packet, all of which are made part of the bid. Any deviation in performance of the terms and conditions in a final contract resulting from an awarded bid will not be accepted, will be invalid, and may subject the contract to cancellation for non-compliance with the award of bid.

By utilizing the Bid Checklist provided within the bid packet, you will ensure that your bid is in compliance with the St.

Tammany Parish Sheriff’s Office’s requirements.

Submittal of Bids In accordance with La. R.S. 38:2212.1(4) (a), the St. Tammany Parish Sheriff’s Office offers bidders the ability to respond to this bid electronically. Bids will be accepted in electronic format online at www.bidnetdirect.com. Vendors interested in submitting bids electronically must register through Bidnetdirect (fees may apply). Bids submitted electronically must include a digital signature as required by Title 4:I.Chapter 7 of the Louisiana Administrative Code.

All paper bids shall be in a sealed envelope, labeled with Company Name and Bid Number, and submitted by any following manner:

Mail – STPSO Purchasing Department, P.O. Box 1229, Slidell, La. 70459 Send via any carrier (FedEx, UPS, etc) –

STPSO Purchasing Department, 300 Brownswitch Rd., Slidell, La. 70458 Hand deliver, during regular business hours, to:

STPSO Purchasing Department, 300 Brownswitch Rd., Slidell, La. 70458

Proper Form and Authorization Bids are to be clear and legible. Only bids written in ink and/or typewritten, and properly signed by a member of the firm or authorized representative, will be accepted. Pencil and/or photocopies of signature will disqualify a bid. In the event that a correction needs to be made, the correction should be initialed by vendor and made in such a manner that the information contained on the bid form can be fairly and reasonably discerned and ascertained. The St. Tammany Parish Sheriff's Office shall have the right to reject any bid in the event that it is unable to reasonably determine the information and quotations supplied by the bidder as a result of the manner and method by which the bidder has completed the bid form.

Use of Brand Names and Stock Numbers The product specifications set forth by this bid invitation are described and made pursuant to La. R.S. 38:2212.1 (C) (1) and (2). Wherever in the specifications the name of a certain brand, make, manufacturer, or definite specification is utilized, it is only to denote the quality standard of product desired, and does not restrict bidders to the specific brand, make, manufacturer or specification name. The named brand, make, manufacturer or definite specification is utilized only to set forth and convey to prospective bidder’s the general style, type, character, and quality of product desired; and that equivalent products will be acceptable. If a bidder proposes to supply an equivalent product, then the bidder must provide, with bid submittal, the name of the brand, make, manufacturer, complete product specifications, and sufficient literature, brochures, etc. needed to prove equality.

Louisiana Preferences As directed under La. R.S. 38:2252, a preference is hereby given to materials, supplies and provisions, produced, manufactured, or grown in LOUISIANA, quality being equal to articles offered by competitors outside of the State.

In order to receive consideration for Louisiana preference, the Louisiana Preference Claim Form - included in bid packet -must be completed, signed, and submitted with bid proposal, if applicable. If submitting bid electronically then the web form must be completed.

Taxes In accordance with La. R.S. 47:301(8) (c), the St. Tammany Parish Sheriff’s Office is exempt from State and local sales tax.

License in Good Standing All local and state Occupational and Sales Tax licenses of bidders must be in good standing.

Insurance Requirements See Attachment A for insurance requirements. DO NOT SUBMIT A BID PACKET WITHOUT PROOF OF INSURANCE. St. Tammany Parish Sheriff’s Office has the right to reject or clarify any bids, which do not comply with the insurance provisions of Attachment A.

Delivery Bid prices shall include delivery of all items F.O.B. destination or as otherwise provided. Bids containing “Payment in advance” or “C.O.D” requirements may be rejected. Payment is to be made within 30 days after receipt of properly executed invoice or delivery, whichever is later. All delivery fees, if any, must be included in the bid offer, and may not later be submitted by contract, or disguised as “travel expenses.”

Errors or Omissions La. R.S. 38:2214 (C) allows for the withdrawal of bids that contain patently obvious, unintentional, or substantial mechanical, clerical or mathematical errors or omissions. The bidder may withdraw the bid if convincing sworn, written evidence of such errors is furnished to the St. Tammany Parish Sheriff’s Office within forty-eight (48) hours of the bid opening, excluding weekends and legal holidays. Any bidder who attempts to withdraw a bid under this provision will not be allowed to resubmit a bid under same Bid Proposal.

Non-Discrimination By submitting and signing this bid, bidder agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, Federal Rehabilitation Act of 1973, as amended, The Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and bidder agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Bidder agrees not to discriminate in its employment practices, and will render services under any contract entered into as a result of this solicitation without regard to race, color, religion, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by bidder, or failure to comply with these statutory obligations when applicable, shall be grounds for termination of any contract entered into as a result of this solicitation. St. Tammany Parish Sheriff’s Office has the right to immediately reject bidder for any knowledge of discrimination or harassment on behalf of bid firm or company.

Any person requiring special accommodations must notify the St. Tammany Parish Sheriff’s Purchasing Department, in writing, not later than seven (7) days prior to the bid opening date of their special accommodations.

In accordance with LA R.S. 38:2216.1, the contractor agrees to the following:

(1) The contractor/company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association based solely on the entity's or association's status as a firearm entity or firearm trade association.

(2) The contractor/company will not discriminate against a firearm entity or firearm trade association during the term of the contract based solely on the entity's or association's status as a firearm entity or firearm trade association.

Award of Contract The St. Tammany Parish Sheriff’s Office reserves the right to award items separately, grouped or on an all-or-none basis.

Every contract shall be awarded to “Lowest Responsible and Responsive Bidder”, taking into consideration the conformity with the bid proposal specifications and requirements that were advertised.

Upon acceptance of your bid, the St. Tammany Parish Sheriff’s Office will issue a Purchase Order to the successful bidder. No materials or supplies should be shipped or considered purchased under this bid until receipt of Purchase Order.

Right to Reject

The St. Tammany Parish Sheriff’s Office reserves the right to reject any and all bids in whole or in part and to waive any and all formalities in the best interest of the St. Tammany Parish Sheriff’s Office.

St. Tammany Parish Sheriff’s Office has the right to prohibit awards of procurement with individuals convicted of certain felony crimes.

La. R.S. 38:2212.3 authorizes the St. Tammany Parish Sheriff’s Office right to reject the lowest bid if received from a bidder domiciled in a Communist country, or if the materials or supplies are manufactured in a Communist country, including but not limited to the Soviet Union, China, North Korea and Vietnam, and to award the contract to the next lowest bidder, provided this Section shall not apply to any country having established trade relations agreements or approvals from the government of the United States.

Prohibited equipment St. Tammany Parish Sheriff’s Office shall not procure/lease/use prohibited telecommunications and video surveillance equipment or services, as governed by R.S. 38:2237.1 and defined in R.S. 39:1752 as per the Section 889(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. The Proposer shall provide documentation by affidavit that the equipment or services to be provided are not prohibited. See Affidavit in Attachments.

Cancellation of Contract In the event of unsatisfactory services by the vendor under an awarded contract, the St. Tammany Parish Sheriff's Office will have the option to cancel any contract with a thirty (30) day written notice to the vendor. In the event of termination of said contract, all obligations of either party under this contract shall cease.

Vendor is Independent Contractor At all times, the Vendor’s status shall be that of any independent contractor and not as an employee of St. Tammany Parish Sheriff’s Office.

Non-Competition/Non-Solicitation Agreements Invalid The St. Tammany Parish Sheriff’s Office will not enter into any contract with any bid firm, or company, which attempts to bind St. Tammany Parish Sheriff’s Office to any Non-Competition or Non-Solicitation provisions in the final binding contract.

Indemnification Agreements At any and all times while contracting with the St. Tammany Parish Sheriff’s Office, the awarded bidder must enter into a binding and enforceable indemnification and hold harmless agreement protecting the St. Tammany Parish Sheriff’s Office from the negligence of any acts by Bid Company, or from any claims brought by third parties.

Governing Law; Venue All Bid disputes will be governed in accordance with the laws of the State of Louisiana. All issues shall be resolved in the 22nd Judicial Court, St. Tammany Parish, Louisiana. St. Tammany Parish Sheriff’s Office reserves the right to a jury trial, and reserves the right to reject any and all attempts to enter into binding arbitration agreements.

Other Prior to award, the St. Tammany Parish Sheriff’s Office may request a list of references of all products sold as per bid specifications within the last year in the State of Louisiana.

St. Tammany Parish Sheriff’s Office

Minimum Insurance Requirements

Required if checked below

The St. Tammany Parish Sheriff’s Office requires contractors to provide and maintain insurance. Failure to provide required documentations will result in bid rejection.

Contractor shall not commence any work and/or submit any orders of purchase until all insurance requirements have been reviewed and accepted by the St. Tammany Parish Sheriff’s Office legal department. Upon acceptance of insurance by the St.

Tammany Parish Sheriff’s Office legal department the vendor(s) must submit the Certificate of Liability Insurance and name St. Tammany Parish Sheriff’s Office as an additional insured.

Commercial General Liability Vendor is required to maintain commercial general liability insurance covering property damage and bodily injury for the minimum amount as specified in the Bid release. If no amount is specified in the Bid release, then Vendor must carry, at all times, general commercial liability and property liability insurance in an amount of no less than $1,000,000.00 per occurrence. Vendor must provide a Certificate of Liability Insurance and name St. Tammany Parish Sheriff’s Office as an additional insured.

Worker’s Compensation Insurance Vendor must carry Worker’s Compensation Insurance covering all persons employed by the Vendor engaged in the performance of service. Such insurance shall be in compliance with the Workers’ Compensation Laws of the State of Louisiana. Vendor must include a waiver of subrogation in favor of St. Tammany Parish Sheriff’s Office.

Product Liability If the Bid is for materials or products, Vendor must carry products liability insurance in an amount specified by the Bid.

All submitted bid items must be covered by a Manufacturer's product liability insurance policy. Manufacturers agree to maintain and guarantee a product liability performance insurance policy in a minimum amount of $1,000,000. Vendor must provide a Product Liability Insurance certificate.

Comprehensive Automobile Liability Vendor must carry Comprehensive Automobile Liability with at least a $1,000,000 limit for Bodily Injury and Property damage from an occurrence.

Umbrella or Excess Coverage Umbrella or Excess Coverage may be purchased to reach the required limits.

Garage Liability or Garage Keepers Coverage Vendor must carry Garage Liability or Garage Keepers Coverage if performing any services including modifications to vehicles and delivery of vehicles.

Signature Form

In compliance with the Request for Bid and subject to conditions thereof, the undersigned offers and agrees that the bid be accepted and to furnish any and all items at the prices set opposite each item.

Please PRINT the below information –

Written Authority to Sign Bid:

Signature on the bid is that of any corporate officer listed on the most current annual report on file with the secretary of state, or the signature on the bid is that of any member of a partnership, limited liability company, limited liability partnership, or other legal entity listed in the most current business records on file with the secretary of state.

Signature on the bid is that of an authorized representative as documented by the legal entity certifying the authority of the person (attach authorization document).

The legal entity has filed in the appropriate records of the secretary of state of this state, an affidavit, resolution, or other acknowledged or authentic document indicating the names of all parties authorized to submit bids for public contracts.

Such document on file with the secretary of state shall remain in effect and shall be binding upon the principal until specifically rescinded and canceled from the records of the office.

Signature:

(Individual with Signature Authority)

Title:

Date:

Mailing Address:

Phone Number:

Email Address:

Legal Company Name:

Individual with Signature Authority:

As Applicable the Following Provisions Apply in Event of STPSO Seeking Federal Reimbursement. Reference to Subrecipient / Applicant is STPSO.

Termination for Cause

The SUBRECIPIENT (Applicant) may terminate this Contract for cause based upon the failure of Contractor to comply with the terms and/or conditions of the Contract, or failure to fulfill its performance obligations pursuant to this Contract, provided that the SUBRECIPIENT

(Applicant) shall give the Contractor written notice specifying the Contractor’s failure. If within thirty

(30) days after receipt of such notice, the Contractor shall not have corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then the

SUBRECIPIENT (Applicant) may, at its option, place the Contractor in default and the

Contract shall terminate on the date specified in such notice.

The Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of the SUBRECIPIENT (Applicant) to comply with the terms and conditions of this

Contract, provided that the Contractor shall give the SUBRECIPIENT (Applicant) written notice specifying the SUBRECIPIENT’s (Applicant’s) failure and a reasonable opportunity for the

SUBRECIPIENT (Applicant) to cure the defect.

Termination for Convenience

The SUBRECIPIENT (Applicant) may terminate this Contract at any time by giving thirty (30) days written notice to the Contractor of such termination or negotiating with the Contractor an effective date.

The Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily.

Ownership

All records, reports, documents, or other material related to this Contract and/or obtained or prepared by Contractor in connection with the performance of the services Contracted for herein shall become the property of SUBRECIPIENT (Applicant) and shall, upon request, be returned by Contractor to SUBRECIPIENT (Applicant), at Contractor’s expense, at termination or expiration of this Contract.

All records, reports, documents and other material delivered or transmitted to Contractor by the

SUBRECIPIENT (Applicant) shall remain the property of the SUBRECIPIENT (Applicant), and shall be returned by Contractor to the SUBRECIPIENT (Applicant) at Contractor’s expense, at termination or expiration of this Contract.

insurance company that is either domiciled in Louisiana or owned by Louisiana residents and is licensed to write surety bonds.

Right to Audit

The State Legislative auditor, DHS-OIG, FEMA and Federal auditors and GOHSEP or State internal auditors shall have the option to audit all accounts directly pertaining to the Contract for a period of three (3) years from the date of final payment or as required by applicable State and Federal Law. Records shall be made available during normal working hours for this purpose.

Access to Records. The following access to records requirements apply to this Contract:

1. The CONTRACTOR agrees to provide GOHSEP, SUBRECIPIENT (Applicant), 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.

2. 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.

3. 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.

Contractor’s Certification of No Federal Suspension or Debarment

Contractor has a continuing obligation to disclose any suspensions or debarment by any government entity, including but not limited to General Services Administration (GSA).

Failure to disclose may constitute grounds for suspension and/or termination of this Contract and debarment from future Contracts.

Compliance with Civil Rights Laws

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, 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, 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 considerations for employment without regard to race, color, religion, sex, or national origin.

3. 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.

4. 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.

5. 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

SUBRECIPIENT (Applicant) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. 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 as 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.

7. The CONTRACTOR will include the portion of the sentence immediately preceding paragraph one (1) and the provisions of paragraphs one (1) through seven

(7) 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 SUBRECIPIENT

(Applicant) 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 SUBRECIPIENT (Applicant) the

CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

Record Retention

The Contractor shall maintain all records in relation to this Contract for a period of at least three (3) years after final payment.

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 SUBRECIPIENT

(Applicant) and understands and agrees that the SUBRECIPIENT (Applicant) will, in turn, report each violation as required to assure notification to GOHSEP, Federal

Emergency Management Agency (FEMA), 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.

Energy Policy + Conservation Act

The Contractor hereby recognizes 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 (P.L. 94-163).

Clean Water Act

The Contractor hereby agrees to adhere to the provisions which require compliance with all applicable standards, orders, or requirements issued under Section 508 of the Clean Water Act which prohibits the use under non-exempt Federal Contracts, grants or loans of facilities included on the EPA List of Violating Facilities.

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 SUBRECIPIENT (Applicant) and understands and agrees that the SUBRECIPIENT (Applicant) will, in turn, report each violation as required to assure notification to the GOHSEP, Federal Emergency

Management Agency (FEMA), 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.

Anti-Lobbying + Debarment Act

The Contractor will be expected to comply with Federal statutes required in the Anti-Lobbying Act and the Debarment Act.

The Contractor hereby agrees to adhere to the mandate dictated by the Copeland “Anti-Kickback” Act which provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the completion of work, to give up any part of the compensation to which he is otherwise entitled.

SUSPENSION + DEBARMENT

1. This Contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000.

As such the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 CFR § 180.995), or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).

2. The CONTRACTOR must comply with 2 CFR Part 180, subpart C and 2 CFR Part 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 CONTRACTOR. If it is later determined that the CONTRACTOR did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to GOHSEP serving as Recipient and name of SUBRECIPIENT (Applicant), 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 CFR Part 180, subpart C and 2 CFR Part 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.

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 SUBRECIPIENT (Applicant), 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 to tier up to the recipient.

Procurement of Recovered Materials

1. 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 –

i. Competitively within a timeframe providing for compliance with the contract performance schedule;

ii. Meeting contract performance requirements; or

iii. At a reasonable price.

2. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

DHS Seal + Logo + Flags

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.

Compliance With Federal Executive Orders

This is an acknowledgment that FEMA financial assistance will be used to fund the Contract only. The Contractor will comply will all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

No Obligation by Federal Government

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.

Bid Submission Process