ITB 24-25-34 Shipping Containers-Final.pdf

INVITATION TO BID

ITB# 24/25-34

Shipping Containers

Issued By: David Chojnacki, Procurement Director

Date Issued: Thursday, April 3, 2025

Due Date: Friday, May 2, 2025 2:00PM EST

1.1 SUBMISSION OF BIDS: Bids may be submitted directly through Bidnet Direct, https://www.bidnetdirect.com. The college will only accept Bids submitted on or before the Bid Due

Date of Friday, May 2, 2025 at 2PM.

1.2 DESCRIPTION OF ITEMS/SERVICES: The Public Safety Training complex at Indian River State College provides training for Law Enforcement, Fire, Emergency Medical Services and Emergency Management to students enrolled in those disciplines as well as to local and regional municipalities. The administration of the training programs would like to utilize new or slightly used Class A shipping containers as structures that would mimic homes, offices, or other building structures for training purposes. The shipping containers will need to modified, or cut, to add doors and windows per the attached drawings. Further requirements are as follows:

• The shipping containers requested are Class A, 20’(L) x 8’(W) x 8.5’(H) in size.

• The outside of the containers are to be freshly painted with rust inhibiting paint on all sides in a coordinated color to existing training structures (color to be determined after the award of the bid).

• The floors and the walls of the interior of the containers are to be lined with ½ inch (minimum) sanded plywood.

• The door and window openings are to be cut out of the containers, as per the attached drawings, with all edges of the windows and doors covered and protected by attaching small angle iron.

• Metal angled brackets are to be attached to the containers around three sides of the openings so that ¾ inch marine plywood can slide into the brackets to effectively close off the openings when the structure is not in use.

• The supply of the fitted marine plywood pieces for each opening is required as a requirement of this bid.

• The interior of the floors, walls, and ceiling of each container are to be outfitted with ¾ inch plywood, fastened securely as to create the effect of a wood floor and standard drywall within a home.

• No interior utility connections are required.

• Delivery of the shipping containers must be included.

1.3 MANDATORY PRE-BID MEETING: None.

1.4 DISQUALIFICATION OF BIDDERS: More than one bid from an individual, firm partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future bids.

1.5 VALIDITY OF BIDS: The Bidder shall guarantee that the Total Bid Price shall be valid for 120 working days after the bid due date.

1.6 EXAMINATION OF SITE AND WORK: Each Bidder must fully inform itself of the conditions relating to the work and the employment of labor for the work. A Bidder’s failure to do so will not relieve it of the obligation to furnish all material and labor necessary to complete the work.

https://www.bidnetdirect.com/

1.7 SCHEDULE:

ITB Issued Thursday, April 3, 2025

Deadline to Submit Questions Friday April 11, 2025 2:00PM

Questions Answered on BidNet through an

Addendum to the ITB

Friday April 18, 2025 5:00PM

Bids Due on BidNet Direct Friday, May 2, 2025 2:00PM EST

Bid Awarded Wednesday May 7, 2025

1.8 ADDENDA: The correction of any discrepancies or omissions from the specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum via BidNet Direct email to the bidders. Any other interpretation or explanation of such documents other than addenda to this ITB will not be considered binding.

1.9 QUESTIONS OR REQUESTS FOR INTERPRETATION: All questions or requests for interpretation regarding this bid solicitation must be submitted via BidNet Direct before 2:00 PM

EST, Friday April 11, 2025 Bidder submitting such requests are responsible for their timely delivery.

College will interpret or correct the Bid Documents only by a written Addendum, and such Addendum will be sent via BidNet Direct email to all bidders. The College is not bound by any oral interpretation of the Contract Documents made by any College employee. If Bidder fails to raise any issue regarding such interpretation or correction or if the College fails to respond to a request, Bidder will be deemed to have accepted all risks associated with that issue.

Bidders are not to directly contact College personnel with any questions or clarifications concerning this bid other than via email to the Procurement Director. Any College response for this bid that is not posted through an addendum is unauthorized and will be considered invalid.

1.10 BID MISTAKES: Relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the College written notice within five (5) working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

1.11 WITHDRAWAL OF BIDS: Bidders may withdraw their bids before the bids are due in

BidNet Direct. Bidders may not withdraw their bids after the bids are due without forfeiture of their bid security, if a bid security is required. Withdrawal of the bid will not prejudice any bidder’s right to submit a new bid, if there is time to do so.

1.12 BID PROTEST: Only a Bidder who has actually submitted a bid in response to this ITB is eligible to submit a protest. The College will not accept or entertain ITB protests from anyone who did not submit a bid for the project or work being protested.

a. Time Limits for Filling Protests: All notices of protest must be filed within 72 hours of the posting of the College’s decision. Any formal protest must be filed within 10 days of the notice of protest. A formal written protest is “filed” when actually received by the College’s Procurement

Director.

b. Bonds Must Accompany Protest: When protesting a decision or intended decision (including a protest of the terms, conditions and specifications of the solicitation), the protestor must post a bond with the formal protest that is equal to one percent of the estimated contract amount.

FAILURE TO POST AN ORIGINAL BOND FOR THE REQUISITE AMOUNT AT THE

TIME OF FILILNG THE FORMAL WRITTEN PROTEST WILL RESULT IN A

REJECTION OF THE PROTEST.

If the protest does not meet these requirements, the College will reject it without further review. If the protest is submitted on time and complies with all the above requirements, the Purchasing

Director, shall review the protest and all relevant information submitted by the protestor. The College will provide a written response to the protestor. The College has the right to respond to any protest until the date on which the contract is awarded by the College.

The procedure and time limits set forth in this paragraph is mandatory and is the sole and exclusive remedy in the event of an ITB protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest.

IF THE COLLEGE DETERMINES THAT THE PROTEST IS FRIVOLOUS, THE PARTY

ORIGINATING THE PROTEST MAY BE DETERMINED IRRESPONSIBLE AND THAT

PARTY MAY BE DETERMINED TO BE INELIGIBLE FOR FUTURE CONTRACT

AWARDS.

1.13 PROPRIETARY INFORMATION: Bids are not to be marked as confidential or proprietary.

College may refuse to consider any Bid so marked. Bids submitted in response to this ITB may become subject to public disclosure in accordance with the Public Records Law of the State of Florida, Chapter 119, Florida Statutes. College shall not be liable in any way for disclosure of any such records. Additionally, all Bids shall become the property of the College.

1.14 TAXES: All bid amounts shall not include taxes. The College, as an agency of the State of

Florida, represents that it is a tax immune sovereign and exempt from the payment of all sales, use and excise taxes. Bidder will be responsible for payment of any and all federal, state, and local taxes, permits, or assessments incurred as a result of a contract being awarded, if any.

1.15 LATE BIDS: The College, through the use of BidNet Direct, rejects any Bid submitted after the bid due time and date set forth in the ITB. No exceptions.

1.16 AWARD OF CONTRACT AND OWNER’S RIGHTS RESERVED: If the College awards

This bid through a Purchase Order/Contract, it will award the Purchase Order/Contract to the lowest, responsive, responsible bidder as determined solely by the College. The College reserves the right to award this bid to more than one supplier. The College reserves the right to cancel this bid solicitation, reject any or all bids, and, to the extent not prohibited by law, to waive any minor irregularity or informality in any bid that does not give the bidder a competitive advantage over other bidders. The

College reserves the right to take the bids under advisement for the bid guarantee period shown above, as may be necessary in the best interests of the College. The College is not required to provide a reason should it chooses to cancel this bid.

SECTION 3: BID DOCUMENTS

All documents provided in this Section 3 must be completed.

BID FORM and

3.1 CONTACT INFORMATION AND CERTIFICATION

3.2 NOTICE OF CONFLICT OF INTEREST

3.3 NON-COLLUSION CERTIFICATION

3.4 STATEMENT OF NO INVOLVEMENT

3.5 ADDENDA ACKNOWLEDGEMENT FORM

BID FORM

BIDDER’S NAME:

By submitting this bid, we offer to furnish all necessary labor, tools, materials, and equipment to complete all Work mentioned in the Notice Inviting Bids, in full compliance with all documents, including plans, specifications, attachments and exhibits pertaining to ITB# 24/25-34 – Shipping Containers at the prices listed below.

The basis of comparison to determine the low bid is the Total Bid Price.

BID SCHEDULE

ITEM DESCRIPTION

QTY

UNIT UNIT PRICE TOTAL COST

1 Base Cost – Shipping Containers

(Painted) - Class A, 20’(L) x

8’(W) x 8.5’(H) in size

9 EA $

2 All Cuts to Shipping Containers –

Doors (20) and Windows (8)

1 ALL Cuts $

3 All Interior Plywood Fit Out -

Walls

1 ALL Walls $

4 All Mounted Brackets and

Plywood for Doors and Windows

1 ALL

Brackets and

Plywood

5 Delivery 9 EA $

TOTAL BID PRICE (TOTAL OF ITEMS 1-5)

TOTAL BID PRICE IN WORDS (ITEMS 1-5)

Bidder’s best delivery of equipment is weeks from receipt of

IRSC Purchase Order.

3.1 – BIDDER’S CONTACT INFORMATION AND CERTIFICATION

This is to certify that I (authorized representative) have read and understood the terms, conditions, specifications and other instructions contained in this Invitation to bid (ITB), and further, that the items of materials and/or services rendered do meet minimum specifications set forth in this ITB.

I further certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or persons submitting a bid for the same materials, supplies, equipment, or services and is in all respect fair and without collusion or fraud. I agree to abide by all conditions of this ITB and certify that I am authorized to sign this document.

For solicitation purposes, the Bidder’s contact person shall be:

For contractual purposes, should the Bidder be awarded, the contact person shall be:

Name

Title

Address

Telephone

E-mail

Signature_________________________________

Date_____________________________________

3.2 - NOTICE OF CONFLICT OF INTEREST

Company or Entity Name

For the purpose of participating in the solicitation process and complying with the provisions of Chapter

112, of the Florida Statutes, the undersigned corporate officer states as follows:

The persons listed below are corporate officers, directors or agents and are currently employees of the State of Florida or one of its agencies:

The persons listed below are current State employees who own an interest of 10 percent or more in the company/entity named above:

Name of Bidder’s Organization Signature of Authorized Representative and Date

Print Name

3.3 - NON-COLLUSION CERTIFICATION

STATE OF

COUNTY OF

I state that I of , (Name and Title) (Name of Firm) am authorized to make this affidavit on behalf of my firm and its owner, directors and officers. I am the person responsible in my firm for the price(s) and amount(s) of this Response, and the preparation of the

Response. I state that:

1. The price(s) and amount(s) of this Response have been arrived at independently and without consultation, communication or agreement with any other Provider, potential provider, Bid, or potential Bid.

2. Neither the price(s) nor the amount(s) of this Response, and neither the approximate price(s) nor approximate amount(s) of this Response, have been disclosed to any other firm or person who is a

Provider, potential Provider, Bid, or potential Bid, and they will not be disclosed before Bid opening.

3. No attempt has been made or will be made to induce any firm or persons to refrain from submitting a Response for this contract, or to submit a price(s) higher that the prices in this Response, or to submit any intentionally high or noncompetitive price(s) or other form of complementary Response.

4. The Response of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive

Response.

5. The above-named firm, its affiliates, subsidiaries, officers, director, and employees are not currently under investigation, by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to Bid, on any public contract, except as follows:

I state that I and the named firm understand and acknowledge that the above representations are material and important, and will be relied on by the State of Florida for which this Response is submitted. I understand and my firm understands that any misstatement in this affidavit is, and shall be treated as, fraudulent concealment from the State of Florida of the true facts relating to the submission of responses for this contract.

Dated this day of 2022.

Name of Organization:

Signed by:

being duly sworn deposes and says that the information herein is true and sufficiently complete so as not to be misleading.

Subscribed and sworn before me this day of 2022.

Notary Public:

My Commission Expires:

3.4 - STATEMENT OF NO INVOLVEMENT

I, , as an authorized representative of the aforementioned company, certify that no member of this firm nor any person having any interest in this firm has been involved with the College to assist it in:

1. Developing this solicitation; or,

2. Performing a feasibility study concerning the scope of work, if applicable.

Name of Bidder’s Organization Signature of Authorized Representative and

Date

3.5 – ADDENDA ACKNOWLEDGEMENT FORM

This acknowledgment form serves to confirm that the Bidder has reviewed, complied with and/or accepted all Addenda to the solicitation.

Please list all Addenda below.

Name of Bidder’s Organization Signature of Authorized Representative and

Date

SECTION 4: PURCHASE ORDER TERMS AND CONDITIONS

1. Acceptance: This PO constitutes acceptance of your offer to sell the goods/services as quoted. If supplier refuses to accept this order exactly as written, they shall return it immediately with a written explanation. Delivery of goods shall indicate acknowledgement and acceptance of this order.

2. Delivery: Note PO number on all shipments and documents. Indian River State College will not be responsible for any goods delivered without reference to the PO number. Indian River

State College assumes no liability for goods shipped to destinations other than those shown on the

PO.

3. Partial Deliveries: Partial deliveries/payments shall not be made, unless otherwise specified on the PO, per FS 672.307.

4. Payment: Submit a separate invoice for each PO. Invoices must be mailed to the address stated on the reverse side. No extra charges will be allowed for packaging, handling, boxing, insurance, delivery, transportation, assembling, in-place installation, etc., unless otherwise specified.

5. Freight Charges: If freight charges appear on the invoice, Indian River State College reserves the right to require receipted transportation invoices.

6. Payment Terms: Payment terms are Net 30 Days after receipt of a valid invoice. Discount period will start upon acceptance of goods and/or services and receipt of a correct invoice.

7. Receiving: Indian River State College's Central Receiving is open to receive shipments from 8:00 a.m. to 4:00 p.m., Eastern Time Zone, Monday through Friday during the regular academic school year and Monday through Thursday during the summer term. Deliveries will not be accepted on holidays.

8. Rejection: Indian River State College reserves the right to reject any shipment that does not meet the terms, conditions and specifications as stated. Supplier will be responsible for return freight.

9. F.O.B.: All shipments are F.O.B. Destination, unless otherwise stated on the reverse.

Transportation charges are included in the purchase price, unless otherwise specified. C.O.D.

shipments will not be accepted.

10. Change Orders: Changes to this order are not authorized unless a written Change Order is issued.

11. Pricing: (Standing Purchase Orders) If unit price is omitted on the order, except where the

PO is given in acceptance of quoted prices, it is agreed that the supplier's price will be the lowest prevailing market price, and in no event is this order to be filled at higher prices than previously quoted or charged, without Indian River State College's written consent.

12. Safety: All chemical items delivered against this PO must be accompanied by a Material

Safety Data Sheet (MSDS).

13. Failure to Perform: Failure to make delivery by or before the required delivery date stated on the reverse shall constitute cause for cancellation of the order, or any part thereof, without prejudice to its other rights. Supplier's failure to adhere to any term or condition of this order may result in cancellation with 48 hours' notice. Supplier agrees that Indian River State College may return part or all of any shipment made, and may charge the supplier for any loss or expense sustained as a result of such failure to deliver.

14. Violation: Supplier represents and warrants that no Federal or State Statute or regulation or municipal ordinance has been or will be violated in the manufacturing, sale, and/or delivery of any good or service sold and delivered hereunder. If such violation has or does occur, supplier will indemnify and render harmless Indian River State College from all loss, penalties, or the payment of all sums of money on account of such violation.

15. Strict Compliance: Indian River State College may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary.

16. Patents: By accepting this order, supplier renders Indian River State College harmless against liability for patent infringement that may arise from the use of any goods, items or units covered by this PO.

17. Insurance: Supplier shall procure and maintain at all times adequate insurance. Said insurance shall provide that loss, if any, shall be payable to supplier and Indian River State College as their interests may appear.

18. Supplier's Proposal and Acknowledgement: The terms and conditions of sale as stated on this order govern in the event of conflict with any terms or the supplier's proposal, and are not subject to change by reason of any written or verbal statements made by the supplier, or by any statement in supplier's acknowledgement unless accepted in writing by Indian River State College.

19. Contract / ITB / RFP/ ITN: When a formal contract has been entered into by Indian River

State College and the supplier, the terms and conditions included in the contract shall have preference, and this PO is issued solely to encumber funds, and for payment purposes.

20. Assignment: This PO is not transferable or assignable by the supplier to third parties, unless acknowledged and accepted by Indian River State College in writing.

21. Nondiscrimination: The nondiscrimination clause contained in Section 202, Executive

Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, gender or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein.

22. Flow-Through Requirements for Purchases Using Federal Funds: For services procured using federal funds, Indian River State College requires compliance with these additional contractual provisions of the Uniform Administrative Requirements, Cost Principals, and Audit

Requirements for Federal Awards (Uniform Guidance), U.S. Code of Federal Regulations, Title 2

CFR Part 200. The awarded bidder acknowledges that federal funds will be used by Indian

River State College to fund all or a portion of the contract.

Ferderal Compliance Requirements

ACCESS TO RECORDS

1. THE AWARDED BIDDER agrees to provide the contracting entity, the grantor federal agency, the

Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of THE AWARDED BIDDER which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2. THE AWARDED BIDDER agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. THE AWARDED BIDDER agrees to provide the foregoing parties or any of their authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

BUY USA - DOMESTIC PREFERENCE FOR PROCUREMENTS

1. THE AWARDED BIDDER should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United

States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

2. For purposes of this section: (1) “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.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;

aggregates such as concrete; glass, including optical fiber; and lumber.

BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED)

1. THE AWARDED BIDDER who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31U.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.

CLEAN AIR ACT AND WATER POLLUTIONS CONTROL ACT PROVISIONS

1. THE AWARDED BIDDER agrees to comply with all applicable standards, orders or regulations issued pursuant to the federal Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. THE AWARDED BIDDER agrees to report each violation to the contracting entity and understands and agrees that the contracting entity will, in turn, report each violation as required to assure notification to the grantor federal agency and the appropriate Environmental Protection Agency Regional Office.

3. THE AWARDED BIDDER agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.

4. THE AWARDED BIDDER 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.

5. THE AWARDED BIDDER agrees to report each violation to the contracting entity and understands and agrees that the contracting entity will, in turn, report each violation as required to assure notification to the grantor federal agency and the appropriate Environmental Protection Agency Regional Office.

6. THE AWARDED BIDDER agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (FOR ANY CONTRACTS IN

EXCESS OF $100,000 WHEN LABORERS OR MECHANICS ARE USED)

1. Overtime requirements: No AWARDED BIDDER 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 a 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 a workweek.

2. Violation: liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, THE AWARDED BIDDER and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such AWARDED BIDDER 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 (1) of this section, in the sum of $10 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 (1) of this section.

3. Withholding for unpaid wages and liquidated damages. The contracting entity 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 AWARDED BIDDER or subcontractor under any such contract or any other federal contract with the same prime AWARDED

BIDDER, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards

Act, which is held by the same prime AWARDED BIDDER, such sums as may be determined to be necessary to satisfy any liabilities of such AWARDED BIDDER or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

4. Subcontracts. THE AWARDED BIDDER or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower-tier subcontracts. The prime AWARDED BIDDER shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.

DAVIS-BACON ACT (CONSTRUCTION WORK)

The successful "Contractor" or AWARDED BIDDER shall comply with the Davis-Bacon Act (40

U.S.C. 276a-a7) and as supplemented by Department of Labor regulations (29 CFR Part 5). Supplier covenants and agrees that all laborers and mechanics employed by Supplier and its subcontractors on this project will be paid in compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions

Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, Supplier is required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, Supplier is required to pay wages not less than once a week.

COPELAND “ANTI-KICKBACK” ACT PROVISION

1. THE AWARDED BIDDER 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.

2. THE AWARDED BIDDER or subcontractor shall insert in any subcontracts the clause above and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime THE

AWARDED BIDDER shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

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

COPYRIGHT AND DATA RIGHTS (IF APPLICABLE)

1. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound or video recordings, and The awarded bidder works.

2. THE AWARDED BIDDER grants to the contracting entity, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data.

3. For data required by the contract but not first produced in the performance of this contract, THE

AWARDED BIDDER will identify such data and grant to the contracting entity or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract.

4. Upon or before the completion of this contract, THE AWARDED BIDDER will deliver to the contracting entity data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the contracting entity.

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (HUAWEI AND ZTE) (IF APPLICABLE)

THE AWARDED BIDDER is prohibited from obligating or expending loan or grant funds to:

1. Procure or obtain;

2. Extend or renew a contract to procure or obtain; or

3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems 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. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei

Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the

Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

PROCUREMENT OF RECOVERABLE MATERIALS

1. In the performance of this contract, THE AWARDED BIDDER shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— a.

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

b. Meeting contract performance requirements; or

c. At a reasonable price.

2. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s

Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

3. THE AWARDED BIDDER also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

PUBLICATIONS CLAUSE (FOR AMERICAN RESCUE PLAN ACT “ARPA” FUNDS)

Any publications produced with funds from this award must display the following language: “This project

[is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to

[name of Recipient] by the U.S. Department of the Treasury.”

RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (IF APPLICABLE)

Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37

CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under

Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

SUSPENSION OR DEBARMENT

1. No contract will be awarded to an AWARDED BIDDER or any party that is debarred from working on federally funded projects, as listed on the government-wide exclusions list in the System for Award

Management (SAM) at www.sam.gov, in accordance with the OMB guidelines at 2 C.F.R. Part 180.

2. 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 AWARDED BIDDER is required to verify that none of THE AWARDED BIDDER’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).

3. THE AWARDED BIDDER 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.

4. This certification is a material representation of fact relied upon the contracting entity. If it is later determined that THE AWARDED BIDDER 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 the contracting entity, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.

5. 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.