Exhibit 4 - Federal Forms ADA Version.pdf

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Attached to
Erosion Repairs for Airport Package 2
Solicitation number
B25-090CA
Issued by
Colorado

About this file

This file is a collection of certification and compliance forms required for contract proposals, applicable to federal, state, and local government agencies. The documents establish the legal and ethical requirements that proposers must meet to be considered for contract awards.

The certification requirements include: (1) Certification Regarding Debarment, Suspension and Other Responsibility Matters, which requires proposers to affirm they are not debarred, suspended, or ineligible from federal transactions, have not been convicted of fraud or criminal offenses related to public contracts within three years, are not currently indicted for such offenses, have not had public transactions terminated for cause or default within three years, and are not on the Comptroller General's List of Ineligible Bidders; (2) Restrictions on Lobbying Certification under Public Law 101-121, Section 319, certifying that no federal appropriated funds will be used for lobbying purposes and requiring disclosure of any non-federal funds used for influencing government officials; (3) Non-Collusion Affidavit, confirming that proposal prices were developed independently without collusion or communication with competitors; (4) Equal Employment Status Report detailing the contractor's affirmative action programs and compliance with equal opportunity requirements; and (5) Build America, Buy America (BABAA) certification for projects using federal infrastructure funding, confirming that all iron, steel, manufactured products, and construction materials are produced in the United States, with manufactured products containing at least 55 percent domestic components. Failure to file required certifications may result in civil penalties ranging from $10,000 to $100,000, and false statements are subject to penalties under 31 U.S.C. Chapter 38.

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CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS

The undersigned duly authorized official of the proposer certifies to the best of its knowledge and belief, that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency.

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

C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph

(B) of this certification; and

D. Have not within a three-year period preceding this application/proposal had one or more public transaction (federal, state or local) terminated for cause or default.

E. Are not on the Comptroller General’s List of Ineligible Bidders or any similar list maintained by any other governmental entity.

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

(Check One)

I DO CERTIFY (_____) I DO NOT CERTIFY (_____)

Date: _________________________________

Signature: ___________________________________________

Title: ______________________________________________

RESTRICTIONS ON LOBBYING CERTIFICATION

Pursuant to United States Public Law 101-121, Section 319, the undersigned duly authorized official of the proposer hereby certifies, to the best of her/his knowledge and belief, that:

1. No Federal appropriated funds have paid or will be paid, by or on behalf of the undersigned, to any person for the purpose of 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 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.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person or agency 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 a Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. The undersigned duly authorized official shall require and ensure that the language of this certification be included in any award documents for subcontracts, grants, loans, and cooperative agreements, and that all subcontractors shall so certify and disclose accordingly.

This Certification is a material representation of fact, upon which reliance was placed when this transaction was made or entered into. The submission of this Certification is a prerequisite for making or entering into this transaction, imposed by Title 31 USC Section 1352. Any proposer (person) who fails to file the required certification shall be subject to civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure to file.

Proposer: __________________________________________

Signature: __________________________________________

Title: __________________________________________

Date: __________________________________________

NON-COLLUSION AFFIDAVIT

The undersigned duly authorized official of the proposer hereby certifies, to the best of her/his knowledge and belief, that:

1. That I am an officer or employee of the ______ (proposing entity) having the authority to sign on behalf of the corporation, and,

2. That the prices in the attached proposal were arrived at independently by _________________________ (proposing entity) without collusion, consultation, communication, or any agreement, for the purpose of restricting competition as to any matter relating to such prices with any other proposer or with any other competitor regarding an understanding, or planned common course of action with any other vendor of materials, supplies, equipment, or service described in the RFP/IFB designed to limit independent proposals or competition; and

3. That unless otherwise required by law, the contents and prices contained in the proposal have not been communicated by _______________________(proposing entity) or its employees or agents to any person not an employee or agent of __________________________ (proposing entity), or its surety on any bond furnished with the proposal, and will not be communicated to any such person prior to the official opening of the proposal; and,

4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit.

Proposer: ______________________________________

Signature: ______________________________________

Title: ______________________________________

Date: ______________________________________

EQUAL EMPLOYMENT STATUS REPORT

Contractor’s Name _____________________________________________________________

Street Address ________________________________________________________________

City ___________________________________ State _________ Zip Code _______________

This firm is:

Independently owned and operated

An affiliate parent company

A subsidiary of address

A division City and State

# Statement Has Has Not

1 Developed and has on file an affirmative action program in conformance with 41 CFR 60-2

2 Participated in any previous contract or subcontract subject to the equal opportunity clause either with the City of any Federal Agency

3 Filed with the City, or where applicable, joint Reporting Committee, or other Federal Agency, all reports due under the applicable contract(s) or subcontract(s)

4 Contractor’s Equal Employment Opportunity Program been subject to a Federal Equal Opportunity Compliance Review, If so state date of Review: ________________

Signature ____________________________________________________________________

Date ____________________________

Title ________________________________________________________________________

BUILD AMERICA, BUY AMERICA (BABAA) (NOT applicable)

The undersigned certifies, to the best of their knowledge and belief, that:

The Build America, Buy America Act (BABAA) requires that no federal financial assistance for “infrastructure” projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” Section 70914 of Public Law No. 117-58, §§ 70901-52.

The undersigned certifies that for the _Erosion Repairs Rental Car Outlet for COS Airport____ the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including:

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 purchased with federal financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% 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.

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.

“The, ____ [Contractor or Subcontractor] __, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or Subcontractor] understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.”

Signature of [Contractor’s or Subcontractor’s] Authorized Official

Name and Title of [Contractor’s or Subcontractor’s] Authorized Official

Date

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
I DO NOT CERTIFY (_____)
RESTRICTIONS ON LOBBYING CERTIFICATION
NON-COLLUSION AFFIDAVIT
EQUAL EMPLOYMENT STATUS REPORT
BUILD AMERICA, BUY AMERICA (BABAA) (NOT applicable)

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