ESBD_568554_1792097463140_Exbt C Required Forms, Certs, Assurances.pdf

COMPLIANCE FORMS AND REQUIRED

CERTIFICATIONS

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INITIALS: ______________

VENDOR INFORMATION AND OFFER STATEMENT

Vendor Information

Company’s Legal Name:

DBA (if applicable):

Business Address:

City, State, Zip:

Tax ID #:

(TIN or EIN)

SAM.gov UEID #:

(if applicable)

Contact Information Contact Person Name:

Phone Number:

Email Address:

Authorized Representative Information Name of Authorized Rep:

Title / Position:

Phone Number:

Email Address:

The undersigned Vendor/Offeror hereby submits this offer in response to the Solicitation and agrees to provide the goods and/or services described in the solicitation in accordance with all requirements, terms, conditions, specifications, and provisions contained therein. The Vendor/Offeror acknowledges that its offer includes and incorporates, as applicable:

1. The solicitation and all attachments, exhibits, specifications, and contractual requirements;

2. All properly issued addenda and amendments;

3. The Vendor's submitted proposal, bid, or offer;

4. All required certifications, representations, disclosures, and other submission forms; and

5. Any other documents expressly incorporated into the solicitation or resulting contract.

The Vendor/Offeror understands that its submission constitutes a formal offer and that, upon acceptance by Concho Valley Council of Governments and execution of any required agreement or purchase order, the resulting obligations shall be binding upon the Vendor/Offeror in accordance with the solicitation and applicable law.

Signature of Authorized Official Date

Price Proposal Form

1. Initial Acquisition and Implementation Instruction: Respondents should include all components necessary for a fully operational system. If an item is included in another line item, the respondent should indicate that it is included rather than charge for it twice.

Item Description Qty Unit Price Extended Price

1 APC hardware and sensors

2 Vehicle installation, wiring, and mounting

3 Communications equipment and required interfaces

4 Software setup, configuration, and system integration

5 Initial testing, calibration, and validation

6 Project management and implementation

7 Training and documentation

8 Shipping, freight, and other implementation costs

TOTAL INITIAL ACQUISITION AND IMPLEMENTATION:

2. Recurring Annual Costs Instruction: Respondents should enter $0 or “Included” where a service is covered by another line item. No required service may be omitted merely because the respondent does not charge for it separately.

Item Description Y1 Y2 Y3 Y4 Y5

1 Software licensing and user access

2 Cloud hosting, data storage, and system access

3 Cellular or wireless communications

4 Technical support and software maintenance

5 Firmware, software, and cybersecurity updates

6 Preventive maintenance and calibration services

7 Other:

8 Other:

9 Other:

TOTAL ANNUAL

RECURRING COSTS:

3. Additional and Replacement Equipment Instruction: Respondents must identify whether these prices include installation, configuration, shipping, licensing, and any associated fees. Unit prices should remain valid throughout the initial contract term, or the respondent should clearly identify any proposed adjustment terms.

Item Description Unit Price

1 Additional fully equipped and installed vehicle

2 Replacement APC sensor or counting unit

3 Replacement communications equipment or gateway

4 Additional vehicle software license, if applicable

5 Additional installation or reinstallation labor

6 Other:

7 Other:

8 Other:

4. Optional Items and Services Instruction: Respondents must identify any additional capabilities that are offered only at an extra cost. Optional items will not be included in the evaluated base price unless the solicitation expressly states otherwise. No item required to satisfy the SOW may be classified as optional.

Optional Item or Service

Description One-Time Cost Annual Cost

5. Total Evaluated Contract Cost Instruction: The Total Evaluated Five-Year Cost should be the sum of initial acquisition and implementation plus all five years of recurring costs. Optional items and unexercised expansion quantities should be excluded from this total unless the solicitation establishes a separate evaluation methodology for them.

Cost Component Total Initial acquisition and implementation

Year 1 recurring costs

Year 2 recurring costs

Year 3 recurring costs

Year 4 recurring costs

Year 5 recurring costs

Total Evaluated Five-Year Cost:

6. Renewal Pricing Instruction: Respondents shall identify all proposed pricing adjustments applicable to the optional renewal terms. Renewal pricing shall not exceed the pricing submitted for the preceding contract year by more than three percent (3%) annually. Any proposed increase must be clearly identified in the Price Proposal Form and shall apply only upon written approval when exercising the applicable renewal option. No other price adjustments shall be permitted during the contract term unless expressly authorized by the contract. All renewal pricing shall include the complete cost of required software licensing, hosting, technical support, maintenance, and other recurring services necessary to maintain the system in full operational condition.

Cost Component Year 6 Year 7 Year 8 All required recurring services

Any additional required costs

TOTAL ANNUAL

RENEWAL COST:

7. Certification The undersigned certifies that the prices submitted are complete and include all equipment, labor, installation, software, licensing, integration, training, support, maintenance, and other costs necessary to meet the requirements of the Scope of Work, except for items expressly identified as optional. The Respondent has disclosed all required recurring charges and additional costs associated with the proposed solution. The Respondent understands that any component or service necessary to meet the solicitation requirements but omitted from this Price Proposal Form shall not automatically entitle the Contractor to additional compensation.

Authorized Representative: _________________________________________

Title: ___________________________________________________________

Company: _______________________________________________________

Signature: _______________________________________________________

Date: ___________________________________________________________

BID/PROPOSAL ACKNOWLEDGEMENTS

The offering, bidding, or proposing company (“you” or “your”) hereby acknowledges and agrees as follows:

1. You have carefully examined and understand all information and documentation associated with this Solicitation (invitation to submit offers, bids, or proposals), including any Instructions to Proposers, General Information, General Terms and Conditions, attachments/forms, appendices, item specifications, and line items (collectively “Requirements”);

2. You acknowledge that you have received, reviewed, and considered all addenda issued in connection with this Solicitation, understand the modifications, clarifications, or other changes made by each addendum, and have incorporated all applicable addenda into your Proposal;

3. By your Response (your offer, bid, or proposal) to this Solicitation, you propose to supply the products or services submitted at the pricing quoted in your Response and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Response;

4. By your Response, you acknowledge and certify all items set forth in the Solicitation and all certifications including all non-collusion certifications and certifications regarding legal, ethical, and other matters set forth therein;

5. Any and all deviations and exceptions to the Requirements have been noted in your Response on the required form and no others will be claimed;

6. If CVCOG accepts any part of your Response and awards you a Contract, you will furnish all awarded products or services at the pricing quoted and in strict compliance with the Requirements (unless specific deviations or exceptions are noted on the required form and accepted by CVCOG);

7. You have clearly identified on the included form any information in your Response that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under the Texas Public Information Act or similar public information law;

8. The individual submitting the Response is duly authorized to enter into the contractual relationship represented by this Solicitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form or Response document) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements;

9. You have carefully reviewed your Response, and certify that all information provided is true, complete, and accurate to the best of your knowledge, and you authorize CVCOG to take such action as it deems appropriate to verify such information; and

10. Any misstatement, falsification, or omission in your Response, whenever or however discovered, will be grounds for disqualifying you from consideration for a contract award under this Solicitation, termination of a contract award, or any other remedy or action provided for in the Solicitation, resulting contract, or by law.

CONFLICT OF INTEREST DISCLOSURE

For purposes of this disclosure, a conflict of interest includes any actual, potential, or perceived conflict that could impair, or appear to impair, the company’s objectivity or fairness in doing business with CVCOG. Conflicts may include financial interests, employment or business relationships, family relationships, or the offering or acceptance of gifts or gratuities.

Please check one of the following:

☐ No Conflict of Interest: The company certifies that neither the company nor its principals, officers, employees, agents, or subcontractors have any actual, potential, or perceived conflict of interest related to this solicitation or contract.

☐ Conflict of Interest Disclosed: The company discloses the following actual, potential, or perceived conflict(s) of interest (attach additional pages if necessary):

FELONY CONVICTION DISCLOSURE

Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: “A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”

Section 44.034 further states in Subsection (b): “A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”

Please check one of the following:

☐ My company is a publicly held corporation. (Advance notice requirement does not apply to publicly held corporation.)

☐ My company is not owned or operated by anyone who has been convicted of a felony.

☐ My company is owned/operated by the following individual(s) who has/have been convicted of a felony:

Name of Felon(s): _______________________________________________________________

Details of Conviction(s):

RESIDENT/NONRESIDENT CERTIFICATION

Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a “resident” proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A “nonresident” proposer is a person who is not a Texas resident. Please indicate the status of your company as a “resident” proposer or a “nonresident” proposer under these definitions.

Please check one of the following:

☐ I certify that my company is a Resident Proposer.

☐ I certify that my company is a Nonresident Proposer.

If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company’s principal place of business is located):

Company Name: ________________________________________________________________

Address (City, State, Zip): ________________________________________________________

A. Does your resident state require a bidder, proposer, or offeror whose principal place of business is in Texas to underprice proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract?

☐ YES ☐ NO

B. What is the prescribed amount or percentage? $ _____________ or ______________ %

DEBARMENT CERTIFICATION

By signature on the Compliance Forms Signature Page, I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify CVCOG if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority.

NO BOYCOTT VERIFICATION

A Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel and will not boycott Israel during the term of the contract (TEX. GOV’T CODE Ch. 2271), (2) does not boycott energy companies and will not boycott energy companies during the term of the contract (TEX. GOV’T CODE Ch.

2274 effective September 1, 2021), and (3) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association (TEX. GOV’T CODE Ch. 2274 effective September 1, 2021). Accordingly, this certification form is included to the extent required by law.

“Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEX.

GOV’T CODE §808.001(1).

“Boycott energy company” means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

TEX. GOV’T CODE §809.001(1) (effective September 1, 2021).

“Discriminate against a firearm entity or firearm trade association” means, (A) with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association. TEX. GOV’T CODE §2274.001(3) (effective September 1, 2021).

By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that the company does not boycott Israel, boycott energy companies, or discriminate against a firearm entity or firearm trade association and will not do so during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification.

NO EXCLUDED NATION OR FOREIGN TERRORIST

ORGANIZATION CERTIFICATION

Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or

2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.)

By signature on the Compliance Forms Signature Page, I certify and verify that the company is not on the Texas Comptroller’s list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification.

HISTORICALLY UNDERUTILIZED BUSINESS

CERTIFICATION

A Respondent that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or “MWBE” and all referred to in this form as a “HUB”) is encouraged to indicate its HUB certification status when responding to this Proposal Invitation.

Please check all that apply

☐ I certify that my company has been certified as a HUB in the following categories:

☐ Minority Owned Business ☐ Woman Owned Business ☐ Service-Disabled Veteran Owned Business

Certification Number: ____________________________________________________________

Name of Certifying Agency: _______________________________________________________

☐ My company has NOT been certified as a HUB.

DEVIATION AND COMPLIANCE

If the Respondent intends to deviate from the General Terms and Conditions, Solicitation Requirements, or other requirements associated with this Solicitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. Please note that certain provisions are NOT subject to deviation, and certain deviations will be deemed rejected without further action by CVCOG. Any attempted deviation, whether directly or indirectly, to provisions identified in this Solicitation as not subject to deviation shall be deemed rejected by CVCOG and, unless otherwise withdrawn by the Respondent, may result in Respondent’s Response being rejected in its entirety. CVCOG will consider any deviations in its contract award decision and reserves the right to accept or reject a Response based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Solicitation Requirements, and all other requirements associated with this Solicitation if awarded a Contract under this Solicitation. A deviation will not be effective unless accepted by CVCOG. CVCOG, by and through its Executive Director, may, in its sole discretion, seek clarification from and/or communicate with a Respondent regarding any submitted deviation, consistent with general procurement principles of fair competition. CVCOG reserves the right to accept or reject a Response based upon any submitted deviation.

Please check one of the following:

☐ NO; DEVIATIONS

☐ YES; DEVIATIONS (List and fully explain any deviations you are submitting):

(Attach additional sheets if needed.)

CONFIDENTIAL/PROPRIETARY INFORMATION

A. Public Disclosure Laws All Responses, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to CVCOG in response to this Solicitation, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Response (including forms, documentation, or other materials submitted with the Response) that Respondent considers proprietary or confidential. If Respondent fails to properly identify the information, CVCOG shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third-party request access to the information under the Texas Public Information Act or similar disclosure law. When required by the Texas Public Information Act or other disclosure law, Respondent may be notified of any third-party request for information in a Response that Respondent has identified in this form as proprietary or confidential. Does your Response (including forms, documentation, catalogs, pricelists, or other materials submitted with the Response) contain information which Vendor considers proprietary or confidential?

☐ NO, I certify that none of the information included with this Response is considered confidential or proprietary.

☐ YES, I certify that this Response contains information considered confidential or proprietary and all such information is specifically identified on this form.

Confidential / Proprietary Information:

B. Copyright Information Does your Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) contain copyright information?

☐ NO, Response does not contain copyright information.

☐ YES, Response does contain copyright information.

Copyright Information:

C. Consent to Release Tabulation Data Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Response, Vendor consents and agrees that, upon Contract award, CVCOG may publicly release, including posting on a public website, a copy of the proposal tabulation and award information for the Contract including Vendor name;

proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information.

FEDERAL COMPLIANCE CERTIFICATIONS

(2 CFR Part 200 and Appendix II)

When Concho Valley Council of Governments or any of it’s sub-entities or programs (hereinafter “CVCOG”) seek to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law.

This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance”). All Vendors submitting an offer, bid, or proposal must complete this Federal Compliance Certification Form regarding Vendor’s willingness and ability to comply with certain requirements which may be applicable to CVCOG purchases using federal grant funds.

For each of the items below, Vendor should certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative check the applicable boxes, initial each page, and sign the Compliance Forms Signature Page. If you fail to complete any item in this form or mark a “NO” response to any of the items, CVCOG will consider and may deem the offer, bid, or proposal non-responsive as this would impact the ability of CVCOG to purchase from the Vendor using federal funds.

1. Vendor Violation or Breach of Contract Terms.

Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Provisions regarding Vendor default are included in the CVCOG State & Federal Clause Addendum and any Contract award will be subject to such Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Response, you agree to these violation and breach of contract terms.

☐ YES, I AGREE. ☐ NO, I DO NOT AGREE.

2. Termination for Cause or Convenience.

For any purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply:

CVCOG may terminate or cancel any Purchase Order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, CVCOG shall only be required to pay Vendor for goods or services delivered to CVCOG prior to the termination and not otherwise returned in accordance with Vendor’s return policy. If CVCOG has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s).

3. Equal Employment Opportunity.

Except as otherwise provided under 41 CFR Part 60, all CVCOG purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any CVCOG purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-

1.3 and Vendor agrees that it shall comply with such provision.

4. Davis-Bacon Act.

When required by Federal program legislation, Vendor agrees that, for all CVCOG prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis- Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week.

Current prevailing wage determinations issued by the Department of Labor are available at beta.sam.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s acceptance of the wage determination.

Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

5. Contract Work Hours and Safety Standards Act.

Where applicable, for all CVCOG contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

6. Right to Inventions Made Under a Contract or Agreement.

If CVCOG’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business

Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Vendor agrees to comply with the above requirements when applicable.

7. Clean Air Act and Federal Water Pollution Control Act.

Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended – Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act.

8. Debarment and Suspension.

Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify CVCOG if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549.

9. Byrd Anti-Lobbying Amendment.

Byrd Anti-Lobbying Amendment (31 USC 1352) - Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).

10. Procurement of Recovered Materials.

For CVCOG purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as CVCOG may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

11. Domestic Preferences for Procurements.

Where appropriate and consistent with law, 2 CFR §200.322 contains certain considerations for domestic preferences for procurements which may be applicable to CVCOG when using federal funds. When required by CVCOG, Vendor agrees to provide such information or certification as may reasonably be requested by CVCOG regarding Vendor’s products, including whether goods, products, or materials are produced in the United States.

12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.

2 CFR §200.216 prohibits expending federal loan or grant funds to procure or obtain certain telecommunications and video surveillance services or equipment. To the extent applicable and when required by CVCOG, Vendor agrees to provide such information or certification as may reasonably be requested by CVCOG to confirm whether any telecommunications or video surveillance services or equipment provided by Vendor is covered equipment or covered services under 2 CFR §200.216.

13. Profit as a Separate Element of Price.

For purchases using federal funds in excess of the Simplified Acquisition Threshold, CVCOG may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(b). When required by CVCOG, Vendor agrees to provide information and negotiate with CVCOG regarding profit as a separate element of the price for a particular purchase.

14. General Compliance.

In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from CVCOG, it shall make a good faith effort to work with CVCOG to provide such information and to satisfy such requirements as may apply to a particular purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements.

COMPLIANCE FORMS SIGNATURE PAGE

By initialing pages and by signature below, I certify that I have reviewed the following forms;

that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents, acknowledgements, and agreements contained herein:

• Vendor Information and Offer Statement

• Bid/Proposal Acknowledgements

• Conflict of Interest Disclosure

• Felony Conviction Disclosure

• Resident/Nonresident Certification

• Debarment Certification

• No Boycott Verification

• No Excluded Nation or Foreign Terrorist Organization Certification

• Historically Underutilized Business Certification

• Deviation and Compliance

• Confidential/Proprietary Information

• Federal Compliance Certifications

Vendor / Company Name

Signature of Authorized Company Official

Printed Name and Title

Date