RFQ GG000115,1

Proprietary and Confidential 10/29/2026 8:04 PM

RFQ GG000115,1

Title Concrete and Brick Sands

Preview Date Open Date 10/29/2026 8:01 PM Close Date 11/12/2026 2:00 PM Award Date Time Zone Central Standard Time

Submit your response to the following contact.

Company Metropolitan Government of Nashville and Davidson County

Buyer Daniel A Drumwright Location PO Box 196301

Nashville, TN 37219 Davidson United States

Phone 1-615-862-6632 Fax

E-mail Daniel.Drumwright2@nashville.gov

When submitting your response, include the following information.

Your Company Name

Company Site (Optional) Address

Contact Details Response Valid Until

(Optional)

This document has important legal consequences. The information contained in this document is proprietary of Metropolitan Government of Nashville and Davidson County. It shall not be used, reproduced, or disclosed to others without the express and written consent of Metropolitan Government of Nashville and Davidson County.

Table of Contents

1 Overview

1.1 General Information

1.2 Schedule

1.3 Negotiation Controls

1.4 Terms

2 Requirements

2.1 Section 1. ITB Solicitation (Selection) Method

2.2 Section 2. Waiver Process

2.3 Section 3. Commodity Codes

2.4 Section 4. Timeline

2.5 Section 5. Solicitation Objective

2.6 Section 6. Scope Summary

2.7 Section 7. Scope Details

2.8 Section 8. Bid Form

2.9 Section 9. Equal Business Opportunity (EBO) Program Requirements

2.10 Section 10. Insurance Requirements

2.11 Section 11. Standard Solicitation Requirements

2.12 Section 12. Solicitation Acceptance

2.13 Section 13. Acceptance of Metro Contract

2.14 Section 14. Affidavits

1 Overview

1.1 General Information

Title Concrete and Brick Sands

Amendment Date 10/29/2026 8:01 PM Amendment Description This amendment will add the Pre-Offer Sign-In Sheet and PowerPoint Presentation.

Buyer Daniel A Drumwright Outcome Contract Purchase Agreement

E-Mail Daniel.

Drumwright2@nashville.

gov

1.2 Schedule

Preview Date Open Date 10/29/2026 8:01 PM

Close Date 11/12/2026 2:00 PM Award Date Time Zone Central Standard Time

1.3 Negotiation Controls

Response Visibility Sealed

1.4 Terms

Agreement Start Date Agreement End Date Agreement Amount

(USD)

Payment Terms Net 30 Freight Terms SUPPLIER PREPAID

Shipping Method FOB DELIVERY Negotiation Currency USD (US Dollar)

Price Precision 0

2 Requirements *Response is required

Make sure to review the entire solicitation to gain an understanding of all the requirements and expectations prior to creating and submitting a response.

2.1 Section 1. ITB Solicitation (Selection) Method

1.

Invitation to Bid

Pursuant to Metropolitan Code of Laws (M.C.L.) Section 4.12.030, this solicitation document serves as the written determination of the Purchasing Agent, that this solicitation is an invitation to bid. Awards, if made, shall be to the lowest, responsive and responsible, evaluated offeror.

There may be one or more amendments to this solicitation. Solicitation amendments are included as updates to the original solicitation. It is the offeror's responsibility to remain informed on all solicitation amendments and submit the solicitation response incorporating all amendments.

Any alterations to the document(s) provided by the Metropolitan Government of Nashville and Davidson County (Metro) and submitted by the offeror other than completing questions, worksheets, or forms may result in your response being deemed nonresponsive, cancellation of any subsequent award, or any other legal remedies available to Metro.

Offers to Metro online solicitations are required to be submitted within the iSupplier online environment unless otherwise stated. Hard copy offers will not be considered except as required by law.

Any response to this solicitation is a formal waiver of any claims of confidentiality regardless of what may be stated, printed, or implied in the submission and/or attachments submitted. All information is made a Public Record after an award is made.

The only official position of Metro is found within this solicitation document including answers provided in response to questions raised. The online discussion tool within iSupplier is the appropriate tool for all questions or communications concerning this solicitation.

Metro reserves the right to make multiple awards for a contract if it is deemed in the best interest of Metro.

2.2 Section 2. Waiver Process

1. Pursuant to Metropolitan Code of Laws (M.C.L.) Section 4.48.115 (Conflicts with Previous Metro Projects), Non-Metro employees who provide services to the metropolitan government regarding the feasibility, cost, design, implementation, or legislative adoption of a particular matter are prohibited from subsequent participation in the procurement process or resultant contract(s) related to that particular matter.

Any offeror who may meet the standard of MCL 4.48.115 must disclose this potential conflict to the buyer prior to the solicitation's deadline for questions. This disclosure must include reference to the offeror's prior work on the particular matter, including the specific project and prospective offerors' participation, and the timeframe services were rendered. If the offeror is requesting a waiver from MCL 4.48.115 this must be explicitly stated in the disclosure.

Requests for a waiver will be reviewed by the Procurement Standards Board with final decisions published in the news items section of purchasing.nashville.gov

2.3 Section 3. Commodity Codes

1. This solicitation is being published under the following UNSPSC (United Nations Standard Products and Services Code) Commodity Codes:

• 30110000 Concrete and cement and plaster

• 30131600 Sand Brick

• 30131603 Concrete Brick

• 111111700 Sand

2.4 Section 4. Timeline

1.

The following is the general, unofficial anticipated timeline for this solicitation. These dates represent a good faith effort, accurate at the time of publication. They are non-binding and subject to change. They are for informational purposes only and subsidiary to official dates/times contained elsewhere in the solicitation:

• 10/22/2026 - Solicitation Opens

• 10/28/2026 - Pre-Offer Meeting

• 10/29/2026 - Amendment #1 Published with Pre-Offer PowerPoint and Attendee List

• 11/2/2026- Deadline to Submit Questions in iSupplier

• 11/5/2026 - Amendment Published with Response to Online Discussion Questions

• 11/12/2026 - Solicitation Closes

• 11/16/2026 - Bid Tab Provided to BAO for Review

• 11/18/2026 - Bid Tab Provided to Department for Review

• 11/25/2026 - Intent to Award Issued

• 12/5/2026 - Protest Period Ends & Deadline for Awarded Supplier to Provide Outstanding

Documents

• 12/7/2026 - Contract Sent to Awarded Supplier for Review

• 12/14/2026 - Contract Routes for Signature

• 12/21/2026 - Sourcing Process Complete

2.5 Section 5. Solicitation Objective

1. The objective of this solicitation is to enter into an indefinite delivery/indefinite quantity (IDIQ) contract. Metro does not guarantee minimum or maximum purchase amounts for the requested goods and/or services.

Purchases shall be made on an as-needed basis by Metro via Purchase Order. No purchase is guaranteed, and no work shall be performed until receipt of Metro-issued Purchase Order.

2.6 Section 6. Scope Summary

1. The Metropolitan Government of Nashville and Davidson County (Metro) is soliciting quotes from qualified vendors to provide Concrete Sand and Brick Sand. The concrete and brick sand will be picked up by Metro or delivered to Metro.

2.7 Section 7. Scope Details

1. The resulting contract will be a Metro Wide contract and could used by any Metro Departments and Agency.

Each purchase order will specify whether the order is for delivery or pick up by Metro. The Contractor's source of supply for pickup shall be located within 2-hour driving from the following Nashville Department of Transportation location:

- 750 S 5th St, Nashville, TN 37206

Metro will coordinate all pick up and deliveries with the Contractor, including providing the assigned Metro personnel for the contractor to coordinate time and delivery location for delivery orders. It is the Contractor's responsibility to meet the specified delivery date and confirm receipt of the goods with the assigned Metro personnel.

Cost shall include all shipping, delivery, and fuel charges. No other charges such are acceptable.

Products under this contract shall meet the following specifications:

Brick Sand - ASTM C144

Concrete Sand- ASTM C33/C33

See the attached links for the Brick Sand and Concrete Sand specifications.

Metro will have the responsibility in confirming that goods meet the brick sand and concrete sand standards required and will document any item that does not meet the standards. The contractor will be notified of the problem(s) and be given an opportunity to rectify by supplying the appropriate item before any action is taken by Metro.

Attachments:

File Name or URL Type Description Brick Sand Specifications URL Concrete Sand Specifications

URL

2.8 Section 8. Bid Form

*1.

Bid Form

All Offerors are to submit their completed Bid Form attached to this solicitation with your response to this invitation to bid.

Unless otherwise noted within the solicitation or within the bid form, Offeror must be able to provide all line items shown on the bid form as outlined in the specification and solicitation requirements. A unit price must be entered for all line items. Each highlighted cell must be completed with an appropriate value to be evaluated for award. If a cell is left at $0.00 Metro will assume the item or service will be offered at no charge. An answer of N/A or Not Applicable is unacceptable.

Complete the yellow highlighted areas and return attached bid form with quote response. The Total Evaluated Bid Amount will be the amount used for the purpose of evaluation.

Metro reserves the right to procure more or less services during the lifetime of any agreement that may be issued as a result of this solicitation. It is the intent of the award(s) to maximize service coverage in Metro. Therefore, Metro may award to more than one firm if it is in the best interests of Metro.

Questions related to the Bid Form should be submitted through the Online Discussion portal, per the Inquires section of the solicitation.

Offerors should not create their own bid form and/or make any modifications to non-requested cells within the bid form.

Offerors must submit the completed excel file named Bid Form to your quote response.

Failure to provide a completed bid form or follow these instructions may result in your offer being deemed non-responsive.

Attachments:

File Name or URL Type Description Bid Form - Concrete and Btrick Sand

File

Target: Bid Form Attached

Select one of the following:-

a. Bid Form Attached(Response attachments are required)

b. No, may be non-responsive

2.9 Section 9. Equal Business Opportunity (EBO) Program Requirements

1. EQUAL BUSINESS OPPORTUNITY (EBO) GOAL

2. Pursuant to the Metro Code of Laws Section 4.46.060 B, no Equal Business Opportunity Program

Goal is established for this solicitation.

2.10 Section 10. Insurance Requirements

1.

Insurance Requirements

Any offeror receiving an intent to award letter shall be required to provide a Certificate of Insurance within seven (7) calendar days of receiving the notification in order to proceed with award and execution of a contract.

The Description section must read as follows: Metropolitan Government of Nashville and Davidson County, its officials, officers, employees, and volunteers are named as additional insureds per general liability additional insured endorsement and automobile liability additional insured endorsement.

In the Certificate Holder section it must read as follows: Purchasing Agent, Metropolitan Government of Nashville and Davidson County, Metro Courthouse, Nashville, TN 37201.

The following insurance(s) shall be required:

2.

• General Liability Insurance in the amount of one million ($1,000,000.00) dollars per occurrence and in the amount of two million ($2,000,000) in the aggregate.

3.

• Products Liability Insurance in the amount of one million ($1,000,000.00) dollars combined single limit.

4.

• Automobile Liability Insurance in the amount of one million ($1,000,000.00) dollars combined single limit.

5.

• Worker's Compensation Insurance with statutory limits required by the State of Tennessee or other applicable laws and Employer's Liability Insurance with limits of no less than one hundred thousand ($100,000.00) dollars, as required by the laws of Tennessee.

2.11 Section 11. Standard Solicitation Requirements

1.

Pre-Offer Meeting

A pre-offer meeting will be held for this solicitation on October 28, 2026 at 9:00 AM Central Time.

You must register in advance to provide the following information: your name, email address, phone number, and the name of the company you are representing by clicking on the following link.

Click https://nashville.webex.com/weblink/register/r33459f8554c624e1973b36c395e89638

Enter the event password: (enter passcode) This event requires registration. After your registration has been approved, you will receive instructions for joining the event.

Click "Join Now".

Follow the instructions that appear on your screen to join the teleconference.

The contact information provided will generate on the Pre-Offer Attendee List if you attend the meeting.

You will receive a confirmation email invitation after you register with the information needed to participate in the Pre-Offer via Webex that will be added to your calendar. You may participate by clicking the Webex Link provided in the email confirmation from a computer, tablet, or smartphone.

If you have any issues with registering please contact the Buyer, Daniel Drumwright at Daniel.Drumwright2@nashville.gov.

Metro urges all prospective offerors to attend planned pre-offer meetings.

Attachments:

File Name or URL Type Description Pre-Offer Sign-In Sheet File Amendment #1 Pre-Offer PowerPoint File Amendment #1

2.

Inquiries

All inquiries must be submitted by November 2, 2026 at 2:00 PM Central Time using the online discussions feature of the iSupplier system. Questions will be answered formally via Amendment to the solicitation soon after the deadline for submitting questions. Offerors must clearly understand that the only official answer or position of Metro will be the one stated in writing by Division of Procurement staff.

You may contact Daniel Drumwright at 615-862-6632 or Daniel.Drumwright2@nashville.gov with questions regarding iSupplier or you may email iSupplier@nashville.gov. All offerors are encouraged to sign in to the iSupplier system as soon as possible to view the solicitation and ensure all login information is correct.

Finally, please have your offer loaded in the iSupplier system well in advance of the deadline for submission of offers to avoid any last-minute functionality issues. While Metro makes every attempt to assist suppliers with entering their offers, there is not sufficient time to trouble shoot functionality issues within one hour of the deadline for submission of offers.

3.

Accurate Information

Failure to provide complete and accurate information in an offer to this solicitation may result in your offer being deemed nonresponsive. Metro may institute debarment proceedings against the offeror and/or terminate any contract or purchase order that has been awarded based on inaccurate information.

Extraneous Information

Offers should be brief and concise. Information provided beyond the requirements described in this solicitation may be considered extraneous and as a result discarded.

Minor Irregularities

Metro reserves the right to waive minor irregularities in offers, provided that such action is in the best interest of Metro. Any such waiver shall not modify any remaining solicitation requirements or excuse the offeror from full compliance with the solicitation specifications and other contract requirements if the offeror is awarded a contract.

Ambiguity, Conflict or Other Errors in the Solicitation

Offeror is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in this solicitation prior to submitting their offer, or it shall be waived. Claims of ambiguity after submission of the offer shall not serve as grounds for a protest.

If an offeror discovers any ambiguity, conflict, discrepancy, omission, or other error in the solicitation, they shall immediately request modification or clarification using the online discussion feature of iSupplier. Required modifications or clarifications will be issued by solicitation amendment.

Validity of Offers

All offers shall be valid for a period of one-hundred and fifty (150) days from the closing date of the solicitation unless another timeframe is agreed to by all parties. Submission of an offer does not afford rights to the offeror nor obligate Metro in any manner.

Offer and Presentation Costs

Metro will not be liable for any costs incurred by an offeror in the preparation of its response to a solicitation, nor for the presentation of its offer and/or participation in any clarifications, discussions, negotiations, or protests.

Rejection of Offers

Metro reserves the right to accept or reject, in whole or in part, any offers submitted. The failure of an offeror to promptly supply information in connection with, or with respect to, reasonable requests may be grounds for a determination of non-responsibility.

Americans with Disabilities Act

Contractor shall ensure Metro that all services provided through this resulting contract shall be completed in full compliance with the 2010 Americans with Disabilities Act (ADA) enacted by law on March 15, 2012 and adopted by Metro. Contractor will ensure that participants at public meetings with disabilities will have communication access that is equally effective as that provided to people without disabilities. Information shall be made available in accessible formats, and auxiliary aids and services shall be provided upon the reasonable request of a qualified person with a disability.

Contractor Personnel Requirements

Subsequent to submission of an offer and prior to award of a contract, key personnel identified in the offer shall not be changed without the approval of Metro. Any changes in key personnel without Metro approval may result in the offer being rejected and not considered for award.

Unauthorized Work

The successful offeror shall not begin work until Metro issues a Notice to Proceed or Purchase Order. Any unauthorized work shall be deemed non-compensable and the offeror will have no recourse against Metro

*4. Persons Suspended or Debarred from Procurement

Pursuant to Metro Code 4.36.020, a public list of suspended or debarred persons is maintained by the division of purchases (see link provided herein). Individuals appearing on said list may not be awarded a Metro contract.

Affirmation

Do you or any proposed subcontractors appear on the list of suspended or debarred persons?

Attachments:

File Name or URL Type Description Suspended or Debarred Persons List

URL

Target: No, neither I or any of my subcontractors appear on the list of suspended or debarred vendors.

Select one of the following:-

a. No, neither I or any of my subcontractors appear on the list of suspended or debarred vendors.

b. Yes, I or one of my subcontractors appear on the list of suspended or debarred vendors and I am non-responsive.

*5.

Subcontractors/Subconsultants

Offeror must enter ALL subcontractors/subconsultants/suppliers in the Subcontractor/Subconsultant Form (see attachments below) regardless of their ownership and attach back to the submitted response/quote. All proposed subcontractor/subconsultants and/or suppliers must be registered in iSupplier prior to the solicitation deadline. Offeror should identify those subcontractors/subconsultants and/or suppliers that are Small or Service-Disabled Veteran (SBE/SDV) owned, or those that are Minority or Woman owned as appropriate. All known subcontractors/subconsultants and/or suppliers who will perform a portion of this project must be listed. If the prime is a Metro approved SBE/SDV, their self-performance participation should be reflected this subcontractor form.

If no subcontractors/subconsultants are being proposed then indicate such on the Subcontractor/Subconsultant Form and attach back to the submitted response/quote.

Failure to attach the Subcontractor/Subconsultant Form to your submitted response/quote may deem your offer non-responsive.

Attachments:

File Name or URL Type Description Blank Subcontractor Form File

Target: Subcontractor/Subconsultant Form is Attached

Select one of the following:-

a. Subcontractor/Subconsultant Form is Attached(Response attachments are required)

b. No attachment and offer may be deemed non-responsive

6.

Assistance to Small (SBE) and/or Service-Disabled Veteran (SDV) Owned Businesses

The Metro Procurement Code (Section 4.44) and Regulations (Section R4.44.020.04) provide options for the Purchasing Agent to maximize the participation and performance of Metro approved SBE/SDV businesses.

Assistance is provided to offerors who are SBE/SDV, or who need assistance in locating potential SBE/SDV subcontractors or suppliers. For assistance, offerors are encouraged to contact the BAO by email at BAO@Nashville.gov or call the BAO at (615) 880-2814. For more information and the forms go to Business Assistance Office (BAO) at the website listed in the attachment section herein.

If the Offeror is an SBE/SDV business, Metro considers the work the SBE/SDV firm commits to self-perform. If the work is subcontracted or otherwise procured, only the work performed by a Metro approved SBE/SDV subcontractor or supplier may be considered for the purposes of award incentive. All SBE/SDV businesses included in offers must be registered online with Metro and approved by the BAO prior to the solicitation closing date.

Several ways that SBE/SDV participation may be promoted in individual solicitations are described below:

• Cost Incentive - The Metro Procurement Code (Section 4.44) and Regulations (Section R4.

44.020.04) provide options for the Purchasing Agent to provide a cost incentive to maximize SBE/SDV participation. If this solicitation includes a cost incentive for the participation of approved SBE/SDV business, the methodology for evaluating the SBE/SDV participation is described in the regulations found at website link shown in the attachment section herein. This requires that ALL SBE/SDV Subcontractors and/or Subconsultants be listed on the Subcontractor/Subconsultant Form.

• Set-Aside - Some solicitations are the result of an SBE/SDV set-aside. In those cases only approved SBE/SDV firms may submit an offer. The solicitation will state in the opening description if it is an SBE/SDV set-aside solicitation. This requires that ALL SBE/SDV Subcontractors and/or Subconsultants be listed on the Subcontractor/Subconsultant Form.

• Small Business Reserve (SBR) - Some solicitations are the result of an SBR set-aside. In those cases, only approved Small Business Reserve participants may submit an offer. The solicitation will state in the opening description if it is an SBR solicitation. This requires that a preliminary list of SBE/SDV subcontractors and/or subconsultants be included on the mailto:BAO@Nashville.gov

Subcontractor/Subconsultant Form.

• Threshold - If the solicitation has a SBE/SDV threshold, only offers that meet the established threshold will be eligible for SBE/SDV cost incentives. Incentive consideration, if included, is calculated on a pro rata basis for those offers in excess of the established threshold. This requires that ALL SBE/SDV Subcontractors and/or Subconsultants be listed on the Subcontractor/Subconsultant Form.

• Requirement - If the solicitation states a required SBE/SDV participation level, then only those offerors committing to achieve or exceed the established amount will be considered responsive to the solicitation. The solicitation will not contain an SBE/SDV cost incentive. This requires that a preliminary list of SBE/SDV subcontractors and/or subconsultants be included on the Subcontractor/Subconsultant Form.

Attachments:

File Name or URL Type Description Procurement Regulations URL Business Assistance Office Website

URL

*7. SBE/SDV Participation and Misrepresentation

Offerors must acknowledge that they understand the SBE/SDV participation expectations described in the next paragraph.

• Cost Incentive is applicable to this solicitation. This requires that ALL SBE/SDV Subcontractors and/or Subconsultants be listed on the Subcontractor/Subconsultant Form.

Offeror also acknowledges that they understand the consequences of failing to comply with their SBE/SDV participation commitments. If Contractor fails to comply with their SBE/SDV businesses participation commitments, or it is determined that their SBE/SDV status or the SBE/SDV status of any subcontractor/subconsultant/supplier, is shown to be false; Metro may terminate the Contract and charge Contractor for any costs incurred by Metro as a result of the misrepresentation. Misrepresentation may result in debarment.

Contractor shall enter payments to SBE/SDV and MWBE subcontractors/subconsultants/suppliers as instructed by Metro. Failure to do so may impact payments to Contractor.

Target: Acknowledge Participation Expectations and Consequences of Misrepresentation

Select one of the following:-

a. Acknowledge Participation Expectations and Consequences of Misrepresentation

b. No, may be deemed non-responsive

*8. Vendor Checklist

Offeror must complete the vendor checklist (see attached below) and attach completed document back to the submitted response/quote. Information provided on the completed vendor checklist will be used to development the resulting outcome if issued an intent to award from the solicitation.

Failure to attach the completed Vendor Checklist to your submitted response/quote may deem your offer non-responsive.

Attachments:

File Name or URL Type Description Blank Vendor Checklist File

Target: Attached Completed Vendor Checklist

Select one of the following:-

a. Attached Completed Vendor Checklist(Response attachments are required)

b. No attachment and offer may be deemed non-responsive

2.12 Section 12. Solicitation Acceptance

*1.

Offeror must indicate acceptance of the final version of this solicitation as amended. In the likely occurrence that an amendment is issued to the solicitation, you must accept the final amendment for your proposal to be accepted. When an amendment is published you will automatically be notified by the iSupplier system, but you are encouraged to regularly check the solicitation for an amendment. If you have submitted a proposal prior to an amendment, you must resubmit your proposal in response to the amendment to avoid failure to submit or a determination of non-responsiveness. This is required whether your offer is affected by the latest amendment or not.

Any exceptions taken to this solicitation must be submitted through the online discussion feature of the system by the date and time shown for inquiry submittal. If an offeror takes exception to this solicitation after the inquiry submittal date and time, their submission may be deemed nonresponsive.

Select one of the following:-

a. Yes, Accept Solicitation as Presented

b. No, Offer non-responsive

2.13 Section 13. Acceptance of Metro Contract

*1. Offeror must indicate that they have read and accept the attached Metro Contract. Metro will not consider exceptions to the attached contract. If an offeror takes exception to this contract, their submission may be deemed nonresponsive.

Attachments:

File Name or URL Type Description Goods and Services Contract for Concrete and Brick Sand

File

Target: Accept Contract as Presented

Select one of the following:-

a. Accept Contract as Presented

b. No accept presented contract and are non-responsive

2.14 Section 14. Affidavits

*1.

Compliance with Laws: After first being duly sworn according to law, the undersigned (Affiant) states that he/she and the contracting organization is presently in compliance with, and will continue to maintain compliance with, all applicable federal, state, and local laws.

Taxes and Licensure: Affiant states that Contractor has all applicable licenses, including business licenses. Affiant also states that Contractor is current on its payment of all applicable gross receipt taxes and personal property taxes. M.C.L. 4.20.065

Nondiscrimination: Affiant affirms that by its employment policy, standards and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age or sex, and are not in violation of, and will not violate, any applicable laws concerning the employment of individuals with disabilities. M.C.L. Section 4.28.020.

Covenant of Nondiscrimination: Affiant affirms that in consideration of the privilege to submit offers in response to this solicitation, we hereby consent, covenant, and agree as follows:

• To adopt the policies of the Metropolitan Government relating to equal opportunity in contracting on projects and contracts funded, in whole or in part, with funds of the Metropolitan Government;

• To attempt certain good faith efforts to solicit Minority-owned and Woman-owned business participation on projects and contracts in addition to regular and customary solicitation efforts;

• Not to otherwise engage in discriminatory conduct;

• To provide a discrimination-free working environment;

• That the Covenant of Nondiscrimination is requirement to submit an offer and shall be incorporated by reference into any contract or portion thereof which the Supplier may hereafter obtain; and shall be continuing in nature and shall remain in full force and effect without interruption.

• That the failure of the Supplier to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract.

M.C.L. Section 4.46.070.

Affiant affirms that in consideration of the privilege to submit offers in response to this solicitation, we hereby consent, covenant, and agree as follows:

1. No person shall be excluded from participation in, denied the benefit of, or otherwise discriminated against on the basis of race, color, national origin, gender, or disability when otherwise qualified in connection with any solicitation offer submitted to Metro or the performance of any contract resulting from;

2. That it is and shall be the policy of this Company to provide equal opportunity to all business persons seeking to contact or otherwise interested in contracting with this Company, including various eligible business enterprises;

3. In connection herewith, I/We acknowledge and warrant that this Company has been made aware of, understands and agrees to make good faith efforts to solicit disadvantaged businesses (as defined in M.C.L. Section 4.46) to do business with this Company;

4. That the Covenant of Nondiscrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption;

5. That the Covenant of Nondiscrimination as made and set forth herein shall be and are hereby deemed to be made a part of, and incorporated by reference into, any contract or portion thereof which this Company may hereafter obtain; and

6. That the failure of this Company to satisfactorily discharge any of the Covenant of Nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling Metro to declare the contract in default and to exercise any and all applicable rights and remedies, including but not limited to, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and/or forfeiture of compensation due on a contract.

Should you decline this covenant, your firm/organization will not be allowed to submit an offer to the Metropolitan Government of Nashville and Davidson County.

Employment Requirement: Affiant affirms that Contractor's employment practices are in compliance with applicable United States immigrations laws. M.C.L. Section 4.40.060.

Contingent or Brokerage Fees: It is a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a Metro contract upon an agreement or understanding for a contingent commission, percentage, or brokerage fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. After first being duly sworn according to law, the undersigned Affiant states that the Offeror has not retained anyone in violation of the foregoing. M.C.L. Section 4.48.080.

Iran Divestment Act: By submission of this offer and in response to the solicitation, offeror(s) and each person signing on behalf of offeror(s) affirm, under penalty of perjury, that to the best of their knowledge and belief, neither the offeror(s), nor proposed subcontractors, subconsultants, partners and any joint venturers, are on the list created pursuant to the Tennessee Code Annotated Section 12-12-106 (Iran Divestment Act).

Referenced website reflected in the attachment section herein.

Sexual Harassment: Affiant affirms that should it be awarded a contract with the Metropolitan Government for a period of more than twelve (12) months and/or valued at over five hundred thousand ($500,000) dollars, affiant shall be required to provide sexual harassment awareness and prevention training to its employees if those employees:

• Have direct interactions with employees of the Metropolitan Government through email, phone, or in-person contact on a regular basis;

• Have contact with the public such that the public may believe the contractor is an employee of the Metropolitan Government, including but not limited to a contractor with a phone number or email address associated with Metropolitan government or contractors with uniforms or vehicles bearing insignia of the Metropolitan Government; or

• Work on property owned by the metropolitan government.

Such training shall be provided no later than (90) days of the effective date of the contract or (90) days of the employee's start date of employment with affiant if said employment occurs after the effective date of the contract. M.C.L. Section 2.230.020.

Boycott of Israel: Affiant affirms that Contractor is not currently, and will not for the duration of the awarded Contract, engage in a boycott of Israel for any awarded contract that meets the following criteria:

• Has total potential value of two hundred fifty thousand ($250,000) or more;

• Affiant has ten (10) or more employees.

Tennessee Procurement Protection Act: To the extent this procurement involves information and communication technology, Affiant certifies that the Offeror is not a foreign adversary company, as defined in Tenn. Code Ann. § 4-56-202, and is not knowingly selling or offering to sell to the Metropolitan Government of Nashville and Davidson County any final product or service of a foreign adversary company, in accordance with the Tennessee Procurement Protection Act, Tenn. Code Ann. §§ 4-56-201 et seq.

Procurement Code: Affiant affirms that offeror is and will remain in compliance with the provisions of Chapter 4.12 of the Metro Procurement Code and the contents of its offer as submitted. Affiant further affirms that offeror understands that failure to remain in such compliance shall constitute a material breach of its agreement with the Metropolitan Government.

Attachments:

File Name or URL Type Description Iran Divestment Act URL

Target: Yes, I so affirm to ALL Affidavits

Select one of the following:-

a. Yes, I so affirm to ALL Affidavits

b. No, and are non-responsive

2. And Further Affiant Sayeth Not:

*3. Name of Company Officer and Title:

Target: Company Officer Name, Title

*4. Enter City, County, State, and Zip Code for Company Location Target: City, County, State, Zip Code

*5. The provision of false information is a material breach.

Target: Acknowledge and Understand

Select one of the following:-

a. Acknowledge and Understand

b. Do not acknowledge and/or understand, Offer is non-responsive

6. If the principal officer cannot so attest, the offer will be determined non-responsive.