Request for Quote (RFQ) This is NOT an Order (Updated March, 2026)

Instructions to Vendors Complete all yellow-shaded areas and provide documentation if indicated as “Applicable” in the check box.

Responses must be submitted on this RFQ document, or the quote may be deemed non-responsive and disqualified from consideration.

If the quote exceeds $15,000, fill out and return the additional forms provided within this RFQ document to the Designated Contact by the due date and time indicated below.

Note: For the purposes of this RFQ, the terms “Vendor”, “Contractor” and “Bidder” are used interchangeably.

RFQ Timeline of Events

MWBE Goals |_| Applicable |X| Not Applicable

Detailed Scope of What is Needed: |_| Commodity |X| Services

The Office of Parks, Recreation and Historic Preservation (OPRHP) is seeking quotes for Chemical treatment of Japanese knotweed (Reynoutria japonica) in conservation target areas at Fair Haven Beach State Park. The total bid must be all inclusive (i.e. include all expenses incurred during delivery of service including any salaries, equipment, supplies, travel mileage, and/or accommodation). Some Japanese knotweed infestations exceed 75% cover actively suppressing native plant communities and expanding into adjacent areas.

Work to be Completed: Contractors A total of 5.85 acres of Japanese knotweed scattered across various populations within Fair Haven Beach State Park will be treated. Of that total, the northeast wetland polygon in map-1 may require stem injection and/or foliar application depending on site conditions and the presence of standing water at the time of treatment. All other acreages are terrestrial and will be treated by foliar application.

Timing Herbicide treatment must occur between August 15th to September 30th, timed to coincide with flowering and prior to viable seed set. Treatment timing may be adjusted outside this window based on weather conditions, phenology, and site safety, with approval from NYS Parks Biologist.

Application Method Foliar applications may be made using a backpack sprayer or pesticide pump sprayer. Terrestrial sites shall be treated by foliar application. Areas that are overhang water or contain standing water at the time of treatment shall be stem-injected rather than foliar sprayed. Where no standing water is present in those areas at the time of treatment, foliar application is acceptable.

Mechanical Pre-Treatment (Specific Locations) All terrestrial Japanese knotweed within the treatment areas will be cut down with brush saws in June by NYS Parks staff to reduce stem height and density and improve the efficacy of foliar herbicide application in August. The large northeast polygon in Map-1 (1.79 acres) will not be mechanically pre-treated and will be left standing for stem injection or foliar treatment in August depending on conditions at the time of application.

Environmental Conditions for Application Applications must be conducted using spray patterns that minimize drift and avoid contact with non-target vegetation. Treatments must occur during dry conditions and must avoid rain events by at least 8 hours to assure efficacy.

Equipment and Gear Cleaning Contractors shall thoroughly clean all equipment and personal gear (including boots and clothing) before entering and leaving the treated site to prevent the transport and spread of invasive plant species. Cleaning shall occur in a designated location to avoid introducing invasive propagules to adjacent areas.

Performance Standard and Contract Completion Criteria Successful treatment is expected to result in a substantial reduction in Japanese knotweed stem density and foliar cover within treated areas over the treatment period. This result will be determined by Finger Lakes Regional Biologist Charlie Ippolito by conducting post-treatment site inspections and vegetation cover assessments.

Chemical Specifications (Based on Product Label Requirements) The contractor shall use a glyphosate-based aquatic-approved herbicide. Acceptable products include Rodeo, Aquamaster, or other glyphosate formulations labeled for use in or near aquatic sites. All applications shall follow product label instructions, including use of an authorized applicator and an authorized mixing rate within the range specified on the label. Mixing rates shall lean toward the higher end of the label-approved range for both foliar and stem injection applications. Surfactants and adjuvants shall be aquatic-approved and used per label.

Bidder Requirements

• The contractor shall employ applicators holding a valid NYSDEC Commercial Pesticide Applicator Certification in one or more of the following categories appropriate to the work being performed: 3A or 5A. Applicators performing work within or adjacent to the wetland polygon, or in any area containing standing water at the time of application, shall hold Category 5A certification. Proof of certification shall be submitted with the bid.

• All pesticide applications shall be conducted in a strict accordance with the product label and applicable federal law and New York state law, including the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136j(a)(2)(G)) and New York Environmental Conservation Law Article 33.

• Bidder must be familiar with treatment methods, target species, and ecological restoration projects.

• Comply will all label requirements, federal and state regulations and OSHA standards

• Limit work strictly to park property; no treatment outside of mapped treatment areas or adjacent private lands is authorized.

• Treatments must be conducted in a manner that avoids impacts to native vegetation, wetlands, and sensitive areas.

• Temporary trail or area closures may be required during treatment activities and shall be coordinated in advance with NYS Parks staff.

• Contractors are responsible for evaluating site conditions and suspending work under unsafe weather or site conditions.

Access

• Contractors will coordinate with NYS Parks staff for site access and approved routes.

• All access must remain within park boundaries; entry onto adjacent private or non-park lands is strictly prohibited.

• Parking will be available at designated park locations.

• Restrooms are available at park facilities.

• Contractors will be exempt from Parks entry fees while conducting treatment activities.

Service Term: |X| Applicable |_| Not Applicable

Minimum qualifications will be evaluated on a pass/fail basis. If the bidder fails to meet a minimum qualification, they will be deemed non-responsive and will not be considered for award.

*If required by law, please include supporting documentation citing the law/legislation.

Method of Award

In the sole discretion of OPRHP, award of this RFQ will be made to a responsive, responsible and qualified bidder who offers the lowest quote meeting all specifications as outlined in this RFQ. A bidder will be found non-responsive if OPRHP finds that they do not have sufficient resources to provide the commodity and/or service as outlined in this RFQ.

NYS Office of Parks, Recreation and Historic Preservation’s Terms and Conditions

All RFQ responses must be valid for at least 90 days.

OPRHP reserves the right to purchase some, all, more or none of the items requested in this RFQ.

Quotes containing extraneous terms and conditions may be deemed non-responsive.

By submitting a quote, the Bidder agrees not to make any claim for, or have any right to, damages because of any misinterpretation or misunderstanding of the specifications, or because of any misinformation or lack of information.

OPRHP reserve the right to exercise the following:

· Change any of the scheduled dates herein;

· Amend RFQ Requirement(s) and so notify all potential Bidders;

· Withdraw the RFQ, at its sole discretion without any obligation or liability to any vendor;

· Eliminate any mandatory, non-material requirement that cannot be complied with by all of the prospective Bidders;

· Accept and/or reject any and all bids, in whole or in part, and to waive technicalities, irregularities, and omissions if, in OPRHP’s judgement, the best interests of OPRHP will be served.

· In the event compliant bids are not received, OPRHP reserves the right to consider late or non-conforming bids as offers;

· Require the Bidder to demonstrate, to the satisfaction of OPRHP, any information presented as part of their proposal;

· Require clarification at any time during the procurement process and/or require correction of arithmetic errors;

· Disqualify any Bidder whose conduct and/or bid fails to conform to the requirements of the solicitation;

· Prior to the bid opening, determine a tie breaking mechanism for award of the Contract to serve the best interests of OPRHP and the State of New York;

· Negotiate with the successful Bidder within the scope of the RFQ to serve the best interests of OPRHP and the State of New York;

· Make an award under the RFQ in whole or in part; and

· Seek revisions of bids.

By responding to this RFQ, Vendor certifies its acceptance of the terms and conditions of Appendix A. In the event of a conflict between the purchase order document and any referenced documents contained within the purchase order, the order of precedence shall be as follows:

1) Appendix A Standard Clauses for New York State Contracts,

2) Purchase Order / Contract,

3) Any agency specific terms and conditions,

4) This RFQ,

5) Vendor’s offer / Proposal.

The work under this RFQ has been determined to be a public work pursuant to Article 8 (Construction) / 9 (Building Services in excess of $1,500) of the New York Labor Law which requires prevailing wages to be paid. A willful violation of such may result in civil penalties and debarment from public contracting in the State of New York.

https://dol.ny.gov/public-work-and-prevailing-wage Add PRC# Here

Contractor Registry Requirement |_| Applicable |X| Not Applicable

Labor Law Article 8 subsection 220-I requires contractors and subcontractors to register with the Bureau of Public Work and Prevailing Wage Enforcement. This registration must be completed prior to bidding on public work projects or commencing work on public work projects or covered private projects that are subject to the prevailing wage pursuant to Sections 224-a, 224-d, & 224-e. The effective date of the registration requirement is December 30, 2024.

If Applicable, a Certificate of Registration must be submitted at the time of bid.

For additional information, please refer to this website: https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing The registration page can be found here: https://mpwr-public.labor.ny.gov/en/login

Public Building Law § 8(6): |_| Applicable |X| Not Applicable

Pursuant to Public Building Law § 8(6), any contracts over $5,000 for the work of construction, reconstruction, alteration, repair, or improvement of any State building, a responsible and reliable NYS-certified Minority or Women-Owned Business Enterprise that submits a bid within ten percent of the lowest bid will be deemed the apparent low bidder provided that the bid is $1,737,918 or less (maximum amount has been adjusted for inflation effective January 1, 2026). If more than one responsible and reliable MWBE firm meets the requirements, the MWBE firm with lowest bid will be deemed the apparent low bidder.

Insurance: |X| Applicable |_| Not Applicable

Commercial General Liability - Insurance shall be endorsed to name the “State of New York, Office of Parks, Recreation, and Historic Preservation, and their officers, employees, and agents” as an additional insured. Said policy shall cover the liability of the Contractor for bodily injury, property damage, premises liability and personal/advertising injury from all work and operations under any contract resulting from this solicitation. The limits under such policy shall not be less than the following:

The following ISO forms must be endorsed to the policy:

a. CG 20 10 12 19 or an equivalent – Commercial General Liability Coverage Form

b. CG 20 37 12 19 or an equivalent – Additional Insured – Owner, Lessees or Contractors (Form B)

c. Waiver of Subrogation

Comprehensive Business Automobile Liability Insurance. Such policy shall have a combined single limit for Bodily Injury and Property Damage of at least $1,000,000 each accident. Said policy shall cover liability arising out of any automobile used in connection with performance under this Agreement including owned, leased, hired, and non-owned automobiles bearing or, under the circumstances under which they are being used, required by the Motor Vehicles Law of the State of New York to bear license plates.

If the Contractor does not own, lease, or hire any automobiles used in connection with performance under this Agreement, the Contractor is not required to obtain Comprehensive Business Automobile Liability Insurance.

Workers’ Compensation and Disability Benefits Insurance - Provide OPRHP with proof of Workers’ Compensation Insurance and Disability Benefits Insurance. The following are the only acceptable means of proof; ACORD forms are NOT acceptable proof of coverage. For more information about Workers’ Compensation and Disability insurance, log onto the Workers Compensation Board website at or call them toll-free at 1-877-632-4996.

Acceptable Proof of Workers’ Compensation

Acceptable Proof of Disability Benefits

Bid Form Method of Award is based on the lowest Grand Total Cost to OPRHP from a responsive and responsible vendor. The figures shown below represent OPRHP’s best estimate, included for bidding purposes. OPRHP guarantees no minimum or maximum amount of product and/or work. Payment to awarded contractor will reflect only product received and/or work completed.

All ancillary costs must be included in rates bid.

To submit a bid, please enter your price(s) below, being mindful of any required mathematical extensions (e.g. multiplied by quantities/frequency, etc.). All figures must be rounded to two decimal places.

Provide Pricing for Each Item Listed Below Lump sum pricing is not acceptable

(if applicable)

5.85

Guaranteed Delivery Days After Receipt of Order à

RFQ Total à

Vendor Certification

The RFQ Response must be fully and properly executed by an authorized representative. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this RFQ, OPRHP’s requirements, including NYS Appendix A (https://ogs.ny.gov/procurement/appendix) and if awarded a Purchase order, agrees to provide the requested items or services at the bid price offered.

Company Name:

SFS ID No.:

NYS Contract No.:

|_| NYS Small Business*[footnoteRef:2] [2: A “New York State Small Business” is defined as a company that is a resident to New York State, independently owned and operated, with 100 or fewer employees, and not dominant in its field. There is no certification process to be considered a New York State Small Business.

Signature

Date

No Bid Form If your firm has chosen not to bid on this procurement opportunity, please use the space below to briefly explain why and return this form to the designated contact listed on page 1.

Reason(s) for Not Bidding

Certification

Company Name:

Doing Business As:

Address:

City

State

Zip Code

Name of Official:

Title

E-Mail

Telephone:

Appendix B1 Specifications for Negotiated Terms and Conditions The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract" or “Purchase Order”) agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. Order of Precedence

In the event of any inconsistency in or conflict among the document elements of the future contract identified herein, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the order set forth below:

1. Appendix A Standard Clauses for New York State Contracts,

2. Purchase Order / Contract,

3. Any agency specific terms and conditions,

4. This RFQ,

5. Vendor’s offer / Proposal

2. Applicability

The terms and conditions set forth in this Appendix B1 are expressly incorporated in and applicable to all procurements and resulting procurement contracts let by the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP” or the “Agency”). Appendix B1 shall govern such procurements or contracts unless expressly modified or amended by the terms of a Bid Specification, Solicitation, or a negotiated Contract/Clarification document, if any. Captions are intended as descriptive and are not intended to limit or otherwise restrict the terms and conditions set forth herein.

3. Governing Law

This procurement, the resulting Contract and/or any Purchase Orders (herein known as “Contract”) issued hereunder shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise, and actions or proceedings arising from the Contract shall be heard in a court of competent jurisdiction in the State of New York.

4. Sales Tax Exemption

Purchases made by the State of New York and the Agency are exempt from New York State and local sales taxes and, with certain exceptions, federal excise taxes. to satisfy the requirements of the New York State Sales tax exemption, either the Purchase Order issued by a State Agency or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that the sale by the Contractor was made to the State, an exempt organization under Section 1116(a)(1) of the Tax Law. No person, firm or corporation is, however, exempt from paying the State Truck Mileage and Unemployment Insurance or Federal Social Security taxes, which remain the sole responsibility of the Bidder/Contractor.

5. Litigation Support

In the event that the Agency becomes involved in litigation related to the subject matter of the resulting contract, the Contractor agrees to provide background support and other litigation support, including but not limited to depositions, appearances, and testimony.

6. Purchase Orders

No items or deliverables, including commodities, services, and/or technology (Product), is to be delivered or furnished by Contractor until transmittal of an official Contract or Purchase Order. Unless terminated or cancelled pursuant to the authority vested in the Agency, Purchase Orders shall be effective and binding upon the Contractor (i) in the case of formal written Purchase Orders, when placed in the mail prior to the termination of the Contract and addressed to the Contractor at the address for receipt of orders set forth in the Contract or in the Contract Award Notification or (ii) in the case of electronic Purchase Orders or Purchasing Card purchases, when electronically transmitted to the Contractor prior to the termination of the Contract.

7. Savings/Force Majeure

A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, embargoes, strikes, fires, explosions, actions of the elements, floods, epidemics or pandemics, quarantines, or other similar causes beyond the control of the Contractor or the Agency in the performance of the Contract where non-performance, by exercise of reasonable diligence, cannot be prevented.

The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the Contract shall jointly decide on an appropriate course of action that will permit fulfillment of the parties’ objectives under the Contract.

The Contractor agrees that in the event of a delay or failure of performance by the Contractor under the Contract due to a force majeure occurrence:

· The Agency may purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State, or

· The Contractor will provide the Agency with access to Products first in order to fulfill orders placed before the force majeure event occurred. The Agency may accept allocated performance or deliveries during the occurrence of the force majeure event.

Neither the Contractor nor the Agency shall be liable to the other for any delay in or failure of performance under the Contract due to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Contractor and the Agency to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed.

Notwithstanding the above, at the discretion of the Agency where the delay or failure will significantly impair the value of the Contract to the State or to the Agency, the Agency may terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof.

In addition, the Agency reserves the right, in his or her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. “Extreme and unforeseen volatility in the marketplace” is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor’s performance that continued performance of the Contract would result in a substantial loss to the Contractor.

8. Indemnification

Contractor shall be fully liable for the actions of its agents, employees, partners or Subcontractors and shall fully defend, indemnify and hold harmless the Agency from suits, actions, proceedings, claims, losses, damages, and costs (including reasonable attorney fees) of every name and description relating to personal injury and damage to real or personal tangible property caused by any intentional act or negligence of Contractor, its agents, employees, partners or Subcontractors, which shall arise from or result directly or indirectly from this Contract, without limitation; provided, however, that the Contractor shall not be obligated to indemnify an Authorized User for any claim, loss or damage arising hereunder to the extent caused by the negligent act, failure to act, gross negligence or willful misconduct of the Agency.

The Agency shall give Contractor: (i) prompt written notice of any action, claim or threat of suit, or other suit for which Contractor is required to fully indemnify the Agency, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor’s sole expense, and (iii) assistance in the defense of any such action, claim or suit at the expense of Contractor. Notwithstanding the foregoing, the State reserves the right to join such action, at its sole expense, if it determines there is an issue involving a significant public interest.

In the event that an action or proceeding at law or in equity is commenced against the Agency arising out of a claim for death, personal injury or damage to real or personal tangible property caused by any intentional or willful act, gross negligence, or negligence of Contractor, its agents, employees, partners or Subcontractors, which shall arise from or result directly or indirectly from the Products supplied under this Contract, and Contractor is of the opinion that the allegations in such action or proceeding in whole or in part are not covered by the indemnification and defense provisions set forth in the Contract, Contractor shall immediately notify the Agency and the New York State Office of the Attorney General in writing and shall specify to what extent Contractor believes it is obligated to defend and indemnify under the terms and conditions of the Contract and to what extent it is not so obligated to defend and indemnify. Contractor shall in such event protect the interests of the Authorized User and attempt to secure a continuance to permit the State and the Agency to appear and defend their interests in cooperation with Contractor, as is appropriate, including any jurisdictional defenses the State and the Agency may have. In the event of a dispute regarding the defense, the Contractor and the Attorney General shall try to reach an amicable resolution, but the Attorney General shall have the final determination on such matters.

9. Limitation of Liability

Except as otherwise set forth in the Indemnification clause and the Indemnification Relating to Infringement clause, the limit of liability shall be as follows:

1. Contractor’s liability for any claim, loss or liability arising out of, or connected with the Products provided, and whether based upon default, or other liability such as breach of contract, warranty, negligence, misrepresentation or otherwise, shall in no case exceed direct damages in: (i) an amount equal to two (2) times the charges specified in the Purchase Order for the Products forming the basis of the Agency’s claim or (ii) five hundred thousand dollars ($500,000), whichever is greater.

2. The Agency may retain such monies from any amount due Contractor as may be necessary to satisfy any claim for damages, costs and the like asserted against the Agency unless Contractor at the time of the presentation of claim shall demonstrate to the Agency’s satisfaction that sufficient monies are set aside by the Contractor in the form of a bond or through insurance coverage to cover associated damages and other costs.

Notwithstanding the above, neither the Contractor nor the Agency shall be liable for any consequential, indirect or special damages of any kind which may result directly or indirectly from such performance, including, without limitation, damages resulting from loss of use or loss of profit by the Agency, the Contractor, or by others.

10. Termination

For Cause

For a material breach that remains uncured for more than seven (7) calendar days or other longer period as specified by written notice to the Contractor, the Contract or Purchase Order may be terminated by the Agency. Neither the State nor an Authorized User shall be liable for any of Contractor’s costs arising from the failure to perform or the termination, including without limitation costs incurred after the date of termination. Such termination shall be upon written notice to the Contractor. In such event, the Agency may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach.

For Convenience

This Contract may be terminated at any time by Agency for convenience as specified by written notice, without penalty or other early termination charges due. Such termination of the Contract shall not affect any project or Purchase Order that has been issued under the Contract prior to the date of such termination. If the Contract is terminated pursuant to this subdivision, the Agency shall remain liable for all accrued but unpaid charges incurred through the date of the termination. Contractor shall use due diligence and fulfill any outstanding Purchase Orders.

Appendix C Specifications for Federal Grant Flow- Down Requirements Comment by Drury, Chenga S (PARKS): Missing Section 2: NFWF Agreement Clauses

2.3. Subawards and Contracts?

Please disregard this comment if this is included elsewhere in the document. I Comment by Montanez Alarcon, Carlos (PARKS): Yes, I missed that part for a minute. Thank you!

SECTION 1 NFWF AGREEMENT CLAUSES

Subawards and Contracts.

When making subawards or contracting, NFWF Subrecipient shall:(1) abide by all applicable granting and contracting procedures, including but not limited to those requirements of the OMB Uniform Guidance (2 C.F.R. Part 200); (2) ensure that all applicable federal, state and local requirements are properly flowed down to the sub awardee or contractor, including but not limited to the applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200); and (3) ensure that such subaward or contracting complies with the requirements in Section 3.3 of this Agreement concerning Compliance with Laws. NFWF Subrecipient shall also include in any subaward or contract a similar provision to this, requiring the use of proper grant and contracting procedures and subsequent flow down of federal, state, and local requirements to lower-tiered sub awardees and contractors.

SECTION 2 REPRESENTATIONS, CERTIFICATIONS, OBLIGATIONS AND OTHER STATEMENTS GENERAL Compliance with Laws.

1. In General. By execution of this Agreement and through its continued performance hereunder, the NFWF Subrecipient represents, certifies and agrees that it is and shall continue to conduct all such activities in compliance with all applicable federal, state, and local laws, regulations, and ordinances and to secure all appropriate necessary public or private permits and consents. The terms of this provision will survive termination of this Agreement and must be flowed down to any and all contractors, subcontractors or subrecipients entered into by NFWF Subrecipient in the performance of this Agreement.

2. Compliance with Anti-Corruption Laws. The NFWF Subrecipient represents, certifies and agrees to ensure that no payments have been or will be made or received by the NFWF Subrecipient in connection with this Agreement in violation of the U.S. Foreign Corrupt Practices Act of 1977, as amended (15 et seq.), or any other applicable anti-corruption laws or regulations (e.g., UK Bribery Act 2010) in the countries in which the NFWF Subrecipient performs under this Agreement.

3. Compliance with Anti-Terrorism Laws. The NFWF Subrecipient represents, certifies and agrees not to provide material support or resources directly or indirectly to, or knowingly permit any funds provided by NFWF pursuant to this Agreement or Matching Contributions to be transferred to, any individual, corporation or other entity that the NFWF Subrecipient knows, or has reason to know, commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or has committed, attempted to commit, advocated, facilitated or participated in any terrorist activity, including, but not limited to, the individuals and entities (1) on the master list of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury s Office of Foreign Assets Control, which list is available at www.treas.gov/offices/enforcement/ofac; (2) on the consolidated list of individuals and entities maintained by the 1267 Committee of the United Nations Security Council at Page 16 of 27 0501.24.082753 (Enhancing Dune Habitat to Benefit Fisheries and Biodiversity at Fair Haven Beach State Park (NY)) Template: 4/28/2022 http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml; (3) on the consolidated list maintained by the U.S. Department of Commerce at http://export.gov/ecr/eg_main_023148.asp, or (4) on such other list as NFWF may identify from time to time.

4. Compliance with Additional Laws and Restrictions. The NFWF Subrecipient represents, certifies and agrees to ensure that its activities under this Agreement comply with all applicable U.S. laws, regulations and executive orders regarding money laundering, terrorist financing, U.S. sanctions laws, U.S. export controls, restrictive trade practices, boycotts, and all other economic sanctions or trade restrictions promulgated from time to time by means of statute, executive order, regulation or as administered by the U.S. Department of State, the Office of Foreign Assets Control, U.S. Department of the Treasury, or the Bureau of Industry and Security, U.S. Department of Commerce.

SECTION 3 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO FEDERAL FUNDS GENERAL

3.1. Trafficking in Persons

Pursuant to section 106(a) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C.7104(g)) (codified at 2 C.F.R. Part 175), NFWF Subrecipient shall comply with the below provisions. Further, NFWF Subrecipient shall flow down these provisions in all subawards and contracts, including a requirement that Subrecipients similarly flow down these provisions in all lower-tiered subawards and subcontracts. The provision is cited herein:

I. Trafficking in persons.

a. Provisions applicable to a recipient that is a private entity.

1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not:

i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect.

ii. Procure a commercial sex act during the period of time that the award is in effect; or

iii. Use forced labor in the performance of the award or subawards under the award.

2. We as the federal awarding agency s pass-through entity may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity

i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or

ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),”.

b. Provision applicable to a recipient other than a private entity. We as the federal awarding agency s pass-through entity may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity-

1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or

2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either-

i. Associated with performance under this award; or

ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (No procurement)," .

c. Provisions applicable to any recipient.

1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.

2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:

i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and,

ii. Is in addition to all other remedies for noncompliance that are available to us under this award.

3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.

d. Definitions. For purposes of this award term:

1. “Employee” means either:

i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or

ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

2. “Forced Labor” means labor obtained by any of the following methods: therecruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. “Private entity”:

i. Means any entity other than a State, local government, Indian tribe,or foreign public entity, as those terms are defined in 2 CFR 175.25.

ii. Includes:

A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).

B. A for-profit organization.

4. "Severe forms of trafficking in persons", "commercial sex act", and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C.7102).

3.2. 41 United States Code (U.S.C.) 4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection:

(a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712.

(b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712.

(c) The recipient shall insert this clause, including this paragraph (c), in all subawards and contracts over the simplified acquisition threshold related to this award.

3.3. 41 USC §6306, Prohibition on Members of Congress Making Contracts with Federal Government.

No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public s general benefit. NFWF Subrecipient shall flow down this provision in all subawards and contracts, including a requirement that subrecipients similarly flow down this provision in all lower-tiered subawards and subcontracts.

3.4. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving.

(Sub)Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. NFWF Subrecipient shall flow down this provision in all subawards and contracts, including a requirement that subrecipients similarly flow down this provision in all lower-tiered subawards and subcontracts.

3.5. 43 CFR § 18 New Restrictions on Lobbying By execution of this Agreement, the NFWF Subrecipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, and certifies to the following statements:

(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the NFWF Subrecipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and 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.

(b) 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.

(c) The NFWF Subrecipient 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 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, as represented by execution of this Agreement, 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. All liability arising from an erroneous representation shall be borne solely by the entity filing that representation and shall not be shared by any entity to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31 of the U.S. Code.

3.6. Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal Confidentiality Agreements.

The NFWF Subrecipient must not require their employees, subrecipients, or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees, subrecipients, or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. The NFWF Subrecipient must notify their employees, subrecipients, or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect.

3.7. Domestic Preference for Procurements.

a) Under this Agreement and in accordance with 2 C.F.R. 200.322, the NFWF Subrecipient shall to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

b) For purposes of this agreement, the following definitions apply:

i. 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; and

ii. Manufactured products means 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.

SECTION 4 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO FEDERAL FUNDS FUNDING SOURCE SPECIFIC

FC. A083

U.S. Fish and Wildlife Service (Service) Financial Assistance Award Terms and Conditions.

The Service Financial Assistance Award Terms and Conditions posted on the Internet at https://www.fws.gov/grants/atc.html apply to the NFWF Subrecipient and their subrecipients and contractors. See also the Department of the Interior s General Award Terms and Conditions on their website at: https://www.doi.gov/grants/doi-standard-terms-and-conditions.

Buy America Provision.

Required Use of American Iron, Steel, Manufactured Products, and Construction Materials As required by Section 70914 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), on or after May 14, 2022, none of the funds under a federal award that are part of a Federal financial assistance program for infrastructure may be obligated for a project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. NFWF Subrecipients must include the requirements in this section in all subawards, including all contracts and purchase orders for work or products under this program.

None of the funds provided under this award may be used for a project for infrastructure unless:

1.All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States,

2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and

3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

For more information, visit the Department of the Interior Buy America web page at www.doi.gov/grants/BuyAmerica and the Office of Management and Budget Made in America web page at www.whitehouse.gov/omb/management/made-in-america/.

Waivers There may be instances where an award qualifies, in whole or in part, for an existing Department of the Interior (Department) general applicability waiver as described on the Department's General Applicability Waivers web page (www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers). If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the NFWF Subrecipient does not need to request a separate waiver for non-domestic materials.

When necessary, NFWF Subrecipients may apply for, and the Department may grant, a waiver from these requirements, subject to review by the Made in America Office.