Hamilton_250_RFQ.pdf

Request for Qualifications/Request for Letters of Intent

(“RFQ/RLOI”) for

Bridge Design Services

Hamilton County, Indiana

I. Introduction

The Hamilton County Board of Commissioners (the “County”) invites Statements of Qualifications/Letters of Intent (“SOQs/LOIs”) from qualified Architectural/Engineering (“A/E”) firms to provide engineering and design services for the Bridge No. 250 (Hazel Dell Parkway over Blue Woods Creek) Replacement Project (“Project”). For purposes of this RFQ, the terms RFQ/RLOI and SOQ/LOI are used interchangeably and have the same meaning;

however, for clarity, this document will refer to them as “RFQ” and “SOQ.” This RFQ will use a qualifications-based selection method that is consistent with 2 CFR § 200.320(iv), 23 CFR Part 172, and applicable Federal Highway Administration (“FHWA”) requirements.

This Project may qualify for federal-aid reimbursement through the FHWA Emergency Relief (“ER”) Program, with funding administered by the Indiana Department of Transportation

(“INDOT”).

The County reserves the right to issue addenda modifying this RFQ or to withdraw the RFQ at any time, for any reason.

II. Project Description

The County seeks SOQs from firms experienced in civil, geotechnical, and environmental engineering to provide design services for the replacement of the Hamilton County Bridge No.

250: Hazel Dell Parkway over Blue Woods Creek. The project may qualify for FHWA ER federal-aid reimbursement and will be developed in accordance with the 2026 INDOT Standard Specifications and all amendments, the latest edition of the Manual of Uniform Traffic Control Devices, general conditions, FHWA requirements, and all applicable state and federal statutes and guidelines, including INDOT LPA Manual requirements.

III. Scope of Consultant Services

The selected consultant will provide all professional engineering, environmental, and technical services necessary to design the Hamilton County Bridge 250 Replacement Project. All work must be performed using U.S. Customary (English) units and shall conform to FHWA’s Highway Bridge Program, including all related design, documentation, and submittal requirements.

The Consultant will be responsible for preparing complete bridge and approach roadway engineering designs, including structural analyses, hydraulic and hydrologic modeling, scour analysis, floodplain evaluations, geotechnical investigations and foundation recommendations, environmental field surveys, and preparation of NEPA documentation. The Consultant shall prepare all necessary federal, state, and local permit applications; right-of-way plans, legal descriptions, and supporting acquisition documents; and utility coordination mapping and conflict identification.

Survey responsibilities include supplemental topographic and boundary surveying required for design, hydraulic modeling, mapping, and construction staking.

Finally, the Consultant shall produce a complete Plans, Specifications, and Estimates (“PS&E”) package ready for advertisement, bidding, and construction, compliant with all Federal, State, and County requirements. The Consultant shall not provide price or cost related information in response to this RFQ.

IV. Expected Deliverables

1. Hydraulics Report

2. Geotechnical Report

3. Floodplain Analysis Report

4. Foundation Report

5. Bridge Type Selection Report and General Plan

6. Topographic and Boundary Survey deliverables

7. Utility Relocation Maps

8. Final ROW Plans

9. Complete PS&E Package

V. Evaluation Criteria

Pursuant to state and federal requirements a qualifications-based selection method will be used to evaluate and select the consultant for this Project. The evaluation team will consist of Hamilton County employees who have direct knowledge of the work to be performed. SOQs will be evaluated using the following criteria and scoring:

• Firm’s Qualifications and Relevant Experience 25

• Project Understanding and Approach 25

• Capacity and Availability of Team 40

• Past Performance 10

Total 100 Points

In accordance with 23 CFR § 172.7(a)(1)(iii)(B) price shall not be used as a factor in the evaluation of this RFQ. All price or cost related items, which include, but are not limited to, cost proposals, direct salaries/wage rates, indirect cost rates, and other direct costs are prohibited from being used as evaluation criteria for this RFQ.

Pursuant to 23 CFR§ 172.7(a)(1)(iii)(C), no In-State or local preference will be used as a factor in the evaluation of this RFQ, except where a local presence will add value to the quality and efficiency of the project and such evaluation criteria does not exceed a nominal value.

Evaluation factors will therefore focus exclusively on qualifications-based criteria, including technical approach, project understanding, relevant experience, specialized expertise, professional licensure, staff capabilities, capacity to accomplish the work, and past performance.

VI. Selection

Following completion of evaluations, the County will score and rank the three most highly qualified firms, consistent with 23 CFR § 172.7(a)(1)(iv)(D)–(E). Scores will be compiled and submitted to INDOT for concurrence. Notification of the final ranking will be provided to the three most highly qualified firms.

VII. Cost Proposal and Negotiation

Prior to requesting any cost proposal from the highest-ranked firm, the County will prepare an independent cost estimate consistent with 23 CFR § 172.7(a)(1)(v)(B). This estimate will include anticipated labor hours, classifications, other direct costs, and fixed fees, and will form the basis of cost negotiations.

Following completion of cost negotiations with the most highly qualified firm, the County will enter into a contract using one of the payment methods permitted under 23 CFR § 172.9, consistent with FHWA requirements for engineering and design-related services. The County will utilize either a Cost‑Plus‑Fixed‑Fee (“CPFF”) contract or a Cost‑Reimbursement contract for the awarded A/E design services.

VIII. Statement of Qualification Content and Organization

SOQs should be prepared as simply as possible and provide a straightforward, concise description of the firm’s capabilities to satisfy the requirements of the scope of services requested in this RFQ.

1. Cover Letter (max. 2 pages) summarizing key qualifications.

2. Firm Description: Provide the firm name, address of the responsible office from which the work will be performed, and the name and email address of the contact person authorized to negotiate for the associated work.

a. List all proposed sub consultants and the percentage of work to be performed by the prime consultant and each sub consultant.

3. Qualifications & Relevant Experience: List the Project Manager and other key staff members, including key subconsultant staff, and the percent of time the project manager will be committed for the contract, if selected. Include project engineers for important disciplines and staff members responsible for the work. Address the experience of the key staff members on similar projects and the staff qualifications relative to the required item qualifications.

4. Capacity and Availability of Team: Describe the capacity of consultant staff and their ability to perform the work in a timely manner relative to present workload.

5. Past Performance: List similar or related engineering design projects completed by your firm within the past five (5) years.

6. Project Understanding & Approach: Provide a description of your project approach relative to the advertised services. Address your firm’s technical understanding of the project or services, cost containment practices, innovative ideas and any other relevant information concerning your firm’s qualifications for the project.

IX. RFQ Timeline & Submission Schedule

All dates below are binding unless modified by addendum. Late submissions will not be accepted. Hamilton County will move through the evaluation process as promptly as practicable.

Phase Description Date / Time RFQ Release & Public Notices RFQ Issued via OpenGov September 14, 2026

First Public Notice Published Monday, September 14, 2026

Second Public Notice Published Monday, September 21, 2026

Questions Period Deadline for submitting questions via OpenGov September 23, 2026

SOQ Submission Deadline

SOQs due via OpenGov no later than the start of the Hamilton County Board of Commissioners meeting

Monday, September 28, 2026

Evaluation County Evaluation Committee reviews and scores all SOQs received by the deadline

Immediately following September 28, 2026

INDOT & FHWA

Concurrence

County submits scoring documentation to INDOT and FHWA for concurrence of scoring.

Immediately following evaluation.

Final Ranking Notification

Final ranking notification is provided to the top three firms

After conclusion of concurrence

Phase Description Date / Time

Independent Cost Estimate

County prepares detailed independent cost estimate before requesting cost proposal from highest-ranked firm

Immediately after final ranking

Cost Proposal & Negotiations

County requests sealed cost proposal from highest-ranked firm

After independent estimate completion

X. Federal Requirements and Contract Provisions

All firms responding to this RFQ are expected to comply with the federal contract provisions located in Exhibit A, attached hereto and made a part of this RFQ. Additionally, Firms are advised that this RFQ is drafted based on the assumption that the Project will remain eligible for federal funds. Accordingly, the RFQ will conform to requirements of applicable federal law and FHWA regulations. The County reserves the right to modify the procurement procedures described herein to address any concerns, conditions, or requirements of FHWA. The County will notify Firms of any such modifications via addenda.

XI. Reservation of Rights

The County reserves the unrestricted right to:

• The County’s decision to enter into an eventual agreement with a firm will be made on the basis of the best qualified Firm’s qualifications, project understanding and approach, relevant experience, and ability to deliver the County with the best value. The County reserves the right to reject all Responses and shall make a decision they believe is in the best interests of the County’s residence. The County reserves the right to assemble a team to review the Responses received.

• Pursuant to IC 5-22-18-2, the County reserves the right to cancel or reject this RFQ in whole or in part.

• The County does not require the Firm to submit a certified check/bid bond or other evidence of financial responsibility with its Response.

• All Firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of SOQs. The County may enter into discussion with Firms to clarify and assure a full understanding of SOQs.

• Hamilton County, Indiana, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office the Secretary, Part 21, Non- Discrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Firms that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit SOQs in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

• The County may refuse to disclose the contents of SOQs during discussions with eligible firms.

• Firms shall not contact Hamilton County Board of Commissioners or any other voting body. All correspondence and questions for this RFQ should be handled through the RFQ Contact.

Submission of an SOQ does not guarantee award of a contract.

Disclaimer Regarding Exhibit A

Exhibit A is provided solely for informational purposes. Its inclusion in this RFQ does not constitute, and shall not be interpreted as, an agreement, commitment, promise, or obligation — express or implied — by Hamilton County (“County”) to enter into any contract, nor does it create any contractual rights or expectations for any Firm.

The terms, conditions, and requirements contained in Exhibit A are shared only to ensure that interested consultants are apprised of the federal-aid and FHWA contractual provisions that will apply if, and only if, the County selects a Firm for contract negotiations and a final agreement is executed.

No Firm shall rely on Exhibit A as forming any part of a contract with the County unless and until the County formally awards a contract and the parties execute a written agreement incorporating those terms. The County reserves the right to revise, supplement, or replace Exhibit A at any time prior to award.

EXHIBIT A

Federal Funding Contract Provisions

1. Incorporation. This Contract may be funded in whole or in part by federal grant dollars and is subject to the terms and conditions incorporated either directly or by reference in the following:

A. 2 C.F.R. Part 200 (“Uniform Guidance”), including Appendix II

B. 2 C.F.R. Subtitle A, Chapter II, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

The Contractor must comply with all terms and conditions outlined in this Contract, including requirements imposed by program statutes and regulations, grant administration regulations, as applicable; and any regulations or limitations in any applicable appropriations acts.

1. Appendix II to Part 200 (A); Appendix II to Part 200 (B). Remedies for Breach;

Termination for Cause/Convenience. If this contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by Hamilton County, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If this contract is for more than the simplified acquisition threshold (see 2 C.F.R. 200.88) at the time the contract is executed and does not provide for administrative, contractual, or legal remedies in instances where the Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract.

A. Termination for Convenience. Hamilton County may, by written notice to Contractor, terminate this contract for convenience, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Convenience”).

If the termination is for the convenience of Hamilton County, then Hamilton County shall compensate Contractor for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit.

Contractor shall provide documentation deemed adequate by Hamilton County to show the work actually completed or materials provided by Contractor prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination.

B. Termination for Cause. If Contractor fails to perform pursuant to the terms of this contract, Hamilton County shall provide written notice to Contractor specifying the default (“Notice of Default”). If Contractor does not cure such default within ten (10) calendar days of receipt of Notice of Default, Hamilton County may terminate this contract for cause. If Contractor fails to cure a default as set forth above, Hamilton County may, by written notice to Contractor, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Contractor shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by Hamilton County as of the date Hamilton County provides the Notice of Termination. In such case, Hamilton County shall have the right to take whatever steps it deems necessary to complete the project and correct Contractor’s deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of Hamilton County’s corrective action, including reasonable overhead, profit and attorneys’ fees.

C. Reimbursement; Damages. Hamilton County shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Contractor’s performance of the work.

D. Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Contractor shall promptly discontinue the work unless the Notice directs to the contrary. Contractor shall deliver to Hamilton County and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Contractor acknowledges Hamilton County’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from Hamilton County’s termination of this contract. Hamilton County shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If Hamilton County terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this Section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of Hamilton County provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this

2. Equal Employment Opportunity. During the performance of this contract, the Contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

D. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

H. The contractor will include the portion of the sentence immediately preceding subsection (A) of section 2 of this contract, and the provisions of subsections (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

3. Davis-Bacon Act.

A. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C.

3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

B. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

C. Additionally, contractors are required to pay wages not less than once a week.

4. Copeland “Anti-Kickback” Act.

A. Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

B. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses.

C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

5. Contract Work Hours and Safety Standards Act.

A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (5)(A) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (5)(A) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (5)(A) of this section.

C. Withholding for unpaid wages and liquidated damages. The Federal Emergency Management Agency (“FEMA”) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (5)(B) of this section.

D. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (5)(A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (5)(A) through (D) of this section.

6. Rights to Inventions Made Under a Contract or Agreement. If this Contract is funded by a federal “funding agreement” as defined under 37 C.F.R. §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 of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with 37 C.F.R. 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.

7. Clean Air Act and the Federal Water Pollution Control Act. If this Contract is in excess of $150,000, the Contractor must comply with all applicable standards, orders, and regulations issued under the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), and during performance of this Contract the Contractor agrees as follows:

A. Clean Air Act

i. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

ii. The Contractor agrees to report each violation to Hamilton County and understands and agrees that Hamilton County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency or the applicable federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.

iii. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA or the applicable federal awarding agency.

B. Federal Water Pollution Control Act

i. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

ii. The Contractor agrees to report each violation to Hamilton County and understands and agrees that Hamilton County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency or the applicable federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.

iii. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA or the applicable federal awarding agency.

8. Debarment and Suspension. A “contract award” (see 2 C.F.R. 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 C.F.R. 180 that implement Executive Orders 12549 (51 FR 6370; February 21, 1986) and 12689 (54 FR 34131; August 18, 1989), “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.

A. This Contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at

2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. The Contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

C. This certification is a material representation of fact relied upon by Hamilton County. If it is later determined that the Contractor did not comply with 2 C.F.R.

Part. 180, subpart C and 2 C.F.R. Part. 3000, subpart C, in addition to remedies available to Hamilton County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

D. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

9. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractor has applied or bid for an award of more than $100,000 and shall file the required certification in Exhibit B – Byrd Anti-Lobbying Certification attached to the end of this Contract.

Each tier certifies to the tier above that it will not and has not used federally 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 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.

10. Procurement of Recovered Materials. If this Contract is a procurement to purchase products or items designated by the EPA under 40 C.F.R. part 247 during the course of a fiscal year, then under 2 C.F.R. 200.323, Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

A. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

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

ii. Meeting contract performance requirements; or

iii. At a reasonable price.

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

C. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

11. Prohibition on Contracting for Covered Telecommunications Equipment or Services.

A. Contractor acknowledges and agrees that Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (the “McCain Act”), and 2 C.F.R. §200.216, prohibit the obligation or expending of federal award funds on certain telecommunication products or with certain entities for national security reasons on or after August 13, 2020.

B. During performance of this Contract, the Contractor agrees as follows:

i. Definitions. As used in this Section J. Prohibition on Contracting for Covered Telecommunications Equipment or Services (“Section J”):

1. the terms “backhaul,” “critical technology,” “interconnection arrangements,” “reasonable inquiry,” “roaming,” and “substantial or essential component” have the meanings defined in 48 CFR § 4.2101;

2. the term “covered foreign country” has the meanings defined in § 889(f)(2) of the McCain Act; and

3. the term “covered telecommunications equipment or services” has the meaning defined in § 889(f)(3) of the McCain Act.

ii. Prohibitions.

1. Unless an exception in paragraph (iii) of this Section applies, neither the Contractor nor any of its subcontractors may use funds received under this Contract to:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

c. Enter into, extend, or renew a contract with an entity that uses any covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

d. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

iii. Exceptions. This Section does not prohibit Contractor from providing—

1. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

2. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

iv. Reporting requirement. In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (iv) (1) of this Section to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

1. The Contractor shall report the following information pursuant to paragraph (iv) of this Section:

a. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand;

model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

b. Within 10 business days of submitting the information in paragraph (iv)(1)(a) of this Section: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

2. Subcontracts. The Contractor shall insert the substance of this Section in all subcontracts and other contractual instruments.

12. Domestic Preferences for Procurements. As appropriate, and to the extent consistent with law, the Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

A. For purposes of this Section 39 - Domestic Preferences for Procurements:

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.

ii. “Manufactured products” mean 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.

13. Copyright and Data Rights. Pursuant to 2 CFR § 200.315(b), Hamilton County may copyright any work which is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. The Federal awarding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.

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

A. The Contractor agrees to provide Hamilton County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

D. In compliance with the Disaster Recovery Act of 2018, Hamilton County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

15. DHS Seal, Logo, and Flags. The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

16. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

17. No Obligation by Federal Government. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract.

18. Program Fraud and False or Fraudulent Statement or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this Contract.