RFQ Documents and Instructions

September 9, 2021 Request for Qualifications Consultant Services Freight Profile Update Proposal Ref. #22-021 Sealed statements of qualifications and proposals will be received at the Procurement Division, 222 Pine Avenue, Suite 260, Albany, Georgia 31701, until 5:00 pm EST, on October 11, 2021, from Consultants with a strong record in successfully assisting local governments with collecting and organizing relevant freight planning data; creating relevant performance measures and applying them to identify freight issues.

The City of Albany strongly encourages Small Business firms to participate in this RFQ. All Corporations should provide corporate seal, a copy of the Secretary of State’s Certificate of Incorporation, and a listing of the principals of the corporation with their response.

Firms that wish to join in a consortium must designate one firm as the principal or lead firm. Consortiums will be evaluated according to the same requirements as a single firm.

Any interested and qualified firm and/or party is requested to make a response to accomplish the Scope of Services described herein. The response is to be signed by a duly authorized official of the firm and must be submitted in the time, manner and form prescribed. No reimbursement will be made by the City of Albany for any costs incurred prior to a formal notice to proceed should an award of contract result from this solicitation.

The City of Albany reserves the right to reject any and all responses and to waive technicalities as deemed to be in the best interest of the City. The City of Albany reserves the right to request additional information from a respondent(s) as deemed necessary to analyze responses.

Documents and specifications are available at the Procurement Office, local access channel 16 or on the Georgia Procurement Registry.

INQUIRIES OR QUESTIONS: Should be submitted in writing to Kimberly M. Allen, Buyer, at the Procurement Division Office no later than 5:00 p.m., October 4, 2021; electronic inquiries are acceptable at kiallen@albanyga.gov, cc: tewilliams@albanyga.gov and mtrotter@albanyga.gov. Replies of substance will be in writing, in the form of an addendum, and made available to all potential respondents.

C E N T R A L S E R V I C E S

P.O. BOX 447 ALBANY, GA 31702 | PHONE: 229.431.3211 | FAX: 229.431.2184 | www.albanyga.gov

CITY OF ALBANY

PROCUREMENT DIVISION

CENTRAL SERVICES DEPARTMENT

ALBANY, GEORGIA

INSTRUCTIONS TO RESPONDANTS

These instructions will bind Respondents to terms and conditions herein set forth,

PROCUREMENT FORM – Revised 4/20/2018

INFORMATION FOR RESPONDENTS

BACKGROUND

This is an update of the 2008 DARTS Freight Profile. The major tasks of this project include collecting and organizing relevant freight planning data; creating relevant performance measures and applying them to identify freight issues; documenting data used or developed, assumptions made, process followed, and the results; and performing other tasks that are administrative or procedural. The DARTS MPO is responsible for making sure that freight movement and data is considered in the overall transportation planning process, both in its short- and long-range plans. The key to this study will consist of three components:

· Freight Assessment

· Strategy Development

· Public Participation

This update to the Freight Profile will build on data collected in 2008 by looking at the DARTS MPO’s Multimodal Freight Network, Freight Generators, Network Use and Freight Corridors, and analyzing current highways. The profile will take into consideration high crash locations, bridge overpass heights, bridge weight restrictions, and rail segments with weight or speed restrictions.

The agreement resulting from this solicitation is expected to be a long-term agreement with services expected to begin as soon as possible after award.

SCOPE OF WORK

The City of Albany, Georgia is requesting statements of qualifications from professional consultant’s licensed in the State of Georgia specializing in data collection and freight planning. The selected firm will be responsible for collecting and organizing relevant freight planning data; creating relevant performance measures (that are in line with our 2045 Long Range Plan) and applying them to identify freight issues; documenting data used or developed, assumptions made, process followed, and the results; and performing other tasks that are administrative or procedural. Selected firm or team will be required to meet with staff to establish the plan of action and schedule to meet the grant spending requirements. See Part 4_Task Order Exhibits for a more extensive listing of the work description; the Scope of Work shall include but not be limited to the following:

1. Coordination

2. Freight Profile Steering Committee

3. Freight Stakeholder outreach

4. Administration

5. Scheduling

PUBLISHED REPORTS

It is agreed that articles, papers, bulletins, data, studies, statistics, interim or final reports, oral transmittals or any other materials reporting the plans, progress, analyses, results, or findings of work conducted under this Agreement shall not be presented publicly or published without prior written approval by the DEPARTMENT.

It is further agreed that all published reports shall include a disclaimer provision on the cover or title page in the following form:

"The opinions, findings, and conclusions in this publication are those of the author(s) and not necessarily reflect the official views or policies of those of the Department of Transportation, State of Georgia, or the Federal Highway Administration. This publication does not constitute a standard, specification, or regulation."

All reports published by the DESIGNATED AGENCY shall contain a credit reference to the Federal Highway Administration such as:

"Prepared in cooperation with the Department of Transportation, State of Georgia, and the Federal Highway Administration."

It is further agreed that any information concerning the PROJECT, its conduct, results, or data gathered or processed shall not be released other than as required under the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq. Any request directed to the DESIGNATED AGENCY pursuant to the Georgia Open Records Act, for documents or information that are either received or maintained by the DESIGNATED AGENCY in the performance of the work under this Contract, for or on behalf of the DEPARTMENT, shall be released pursuant to the provisions of the Act. Further, the DESIGNATED AGENCY agrees to consult with the DEPARTMENT prior to releasing the requested documents, where required by the DEPARTMENT.

INSURANCE

By execution of this agreement, the DESIGNATED AGENCY certifies to the DEPARTMENT that it and any subcontractors or consultants will maintain the following minimum amounts of insurance:

A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia.

B. Public Liability Insurance as follows:

Aggregate Limit

Insurance shall be maintained in full force and effect during the life of the contract, or amendments hereto, and shall protect the DESIGNATED AGENCY, its employees, agents and representatives from claims for damages, for personal injury, and death and for damages arising in any manner from the negligent or wrongful acts or failures to act by DESIGNATED AGENCY, its employees, agents, or representatives in the performance of the work covered by the contract, or amendments hereto.

NOTICE OF CONTRACTORS

COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACTS OF 1964 AS AMENDED BY THE CIVIL RIGHTS RESTORATION ACT OF 1987 FOR FEDERAL-AID CONTRACTS

During the performance of this Contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows:

(1) Compliance with Regulations: The Contractor will comply with the Regulations of the U.S. Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations}, which are herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The Contractor, with regard to the work performed by it after award and prior to completion of contract work, will not discriminate on the ground of race, color, national origin or sex in the selection and retention of subcontractors including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program, set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in the discrimination prohibited by 23 CFR 200 (b}.

(3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, national origin or sex.

(4) Information and Reports: The Contractor will provide all information and reports required by the Regulations, to permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to,

(a) withholding of payments to the Contractor under the contract until the Contractor complies, and/or

(b) cancellation, termination, or suspension of the contract, in whole or in part.

(6) Incorporation of Provisions: The Contractor will include the provision of paragraphs (1) through, including procurement of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the DEPARTMENT or the Federal Highway Administration 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 supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

GENERAL CONDITIONS:

1. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion:

The consultant certifies, by submission of this proposal or acceptance of a contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State, Federal department, or agency. It further agrees by submitting this qualification statement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation.

2. Respondents must have been in business under the present company name for a minimum of one (1) year. The Principals of the present company shall not have been declared in default on any contract under any other name within the last five (5) years. Individuals assigned to this project must collectively have at least five (5) years of experience on projects of similar scope and complexity.

3. Proposers must be prequalified through GDOT prior to submittal. The successful Proposer will be required to provide the Secretary of States Certification of Incorporation prior to award of contract.

4. GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT: The successful Respondent will provide certification that they are in compliance with the Georgia Security and Immigration Compliance Act, certifying that the provisions of GA Law, O.C.G.A 13-10-91, Chapter 300-10-1, per the Georgia Department of Labor, if applicable, have been complied with in full. Pursuant to O.C.G.A 13-10-90(2), all subconsultants entering into a contract or agreement for hire on this Project must be registered and participate in the Federal Work Authorization Program.

5. Certificate of Non-Collusion: An executed copy of this form should accompany your submittal. (See Attached).

6. Governing Law & Venue: An executed copy of this form should accompany your submittal. (See Attached).

7. Indemnity: An executed copy of this form should accompany your submittal. (See Attached).

8. Debarred Bidders Certification: An executed copy of this form should accompany your submittal. (See Attached).

9. Drug Free Workplace: An executed copy of this form should accompany your submittal. (See Attached).

10. The contract resulting from acceptance of a proposal shall be in a form supplied or approved by the City and shall reflect the specifications in this RFQ. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in the RFQ.

11. Lobbying: All firms and their agents who intend to or have submitted responses to this solicitation are hereby placed on formal notice that lobbying of City of Albany Government employees or members of the Evaluation Committee with the intent to manipulate the Procurement process may result in the immediate disqualification of such firm by the City from further consideration for this project.

12. Any response may be withdrawn up until the date and time set for closing of the submittal receipts. Any response not so timely withdrawn shall constitute an irrevocable offer, for a period of sixty (60) days or until one of the submittals has been approved by the City Commission, whichever occurs first, to sell to the City the services described in this RFQ.

13. By submitting a response, the Consultant certifies that it has read and understands this Request for Qualifications and has full knowledge and willingness to comply with the scope, nature, quantity and quality of the work to be performed, the detailed requirements of the services to be provided and the conditions under which the services are to be performed.

14. Termination for Convenience: This contract may be terminated in whole or in part by the City of Albany with the consent of the consultant in which case the two parties shall agree upon the termination conditions, including the effective date in the case of partial termination, the portion to be terminated or by the consultant upon written notification to the City of Albany setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, the City of Albany determines that the remaining portion of the award will not accomplish the purposes for which the contract was awarded, the City of Albany may terminate the contract in its entirety.

15. Termination for Cause: In the event that the consultant shall for any reason or through any cause be in default of the terms, conditions, or obligations of the contract documents, the City may give the consultant written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material. The City may, in its discretion, provide the consultant an opportunity to cure the default, if curable, prior to termination. Unless a different duration is provided in the notice of default, the consultant shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the consultant, unless notification is by facsimile or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the consultant to cure the default the City may immediately terminate the contract effective as of the mailing or delivery of the default notice. If the City terminates the contract, the consultant shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the City shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

16. Excusable Delay: The Consultant shall not be liable for any excess costs, if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Consultant. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Consultant. If the failure to perform is caused by the default of a subconsultant, and if such default arises out of causes beyond the control of both the Consultant and the subconsultant, and without the fault or negligence of either of them, the Consultant shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subconsultant were obtainable from other sources in sufficient time to permit the Consultant to meet the required delivery schedule.

17. Offeror Responsibility: Each offeror shall fully acquaint himself with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this solicitation. It is expected that this will sometimes require on-site observation. The failure or omission of an offeror to acquaint himself with existing conditions shall in no way relieve him of any obligation with respect to this solicitation or to the contract.

18. Affirmative Action: The Sub-Consultant will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of the handicapped and concerning the treatment of all employees, without regard or discrimination by reason of race, religion, sex, national origin, or physical handicap.

19. Prime Consultant Responsibilities: The Consultant will be required to assume sole responsibility for the complete effort, as required by this RFQ. The City will consider the Consultant to be the sole point of contact with regard to contractual matters.

20. Subconsultant: If any part of the work covered by this RFQ is to be subcontracted, the Consultant shall identify the subconsultant organization and the contractual arrangements made with same. All subconsultants must be approved, in writing by the City. The successful offeror will also furnish the corporate or company name and the names of the officers of any subconsultants engaged by the vendor. The City reserves the right to reject any or all subconsultants and require substitution of a firm qualified to participate in the work as specified herein.

21. Ownership of Material: Ownership of all data, material, and documentation originated and prepared for the City pursuant to this contract shall belong exclusively to the City.

22. Insurance: SUBMIT WITH RESPONSE, specimen copy of Certificate of Insurance. Upon award of contract and prior to commencement of work under this contract, the selected consultant(s) shall provide the City of Albany with acceptable proofs of insurance coverage.

SUBMITTAL: One (1) original (labeled), one (1) Electronic Copy (PDF) and (4) four copies should be submitted to:

CITY OF ALBANY

PROCUREMENT DIVISION

222 PINE AVENUE, SUITE 260

ALBANY, GEORGIA 31701

PHONE: (229) 431-3211

Responses should be clearly marked on the outside as "Consultant Services – Ref. No. 22-021”.

The mailing address is P.O. Box 447, Albany, Georgia 31702, however, the City of Albany assumes no responsibility for submittals received after the advertised deadline or at any office or location other than that specified herein, whether due to mail delays, courier mistake, mishandling, or any other reason.

The submittal must be signed by an official authorized to bind the offeror. Any submittal received after the stated time and date will not be considered and will be returned unopened to the firm.

Submittals may also be emailed to: coabidproposals@albanyga.gov.

The City of Albany reserves the right to accept or reject any and all responses and to waive technicalities as deemed to be in the best interest of the City of Albany. The City of Albany reserves the right to request additional information from a respondent(s) as deemed necessary to analyze responses.

Respondents should list all components/disciplines required to successfully complete this project indicating the firm and/or individuals responsible and the percentage worth of that component/discipline to the entire project. (Example: Design - ABC Company - 70%)

Response should address all items included in the EVALUATION CRITERIA section below. Past performance on similar projects should be documented by references and other means. References should include name of contact and phone number and should be current. The scope of work, the elements and tasks therein and the method of accomplishment shall be outlined in the response.

Successful respondent shall provide a contract covering all the terms and conditions of this request and those agreed to in the negotiation. A sample contract should be attached to the response.

EVALUATION CRITERIA

The following criteria will be used in selecting the successful Respondent:

1. Demonstrates proven consulting experience developing and coordinating strategies and analyzing data. Administer public outreach efforts with stakeholders and committees. 20 points

2. The verifiable present and past performance of the firm (s) as prime consultant/engineer(s) on other contracts in terms of quality of work and ability and experience to administer, manage and coordinate similar projects. 15 points

3. Qualifications of the respondents as evidenced by the knowledge, skills, and experience of the firm's proposed team. 15 points

4. The quality and effectiveness of the firm's past projects of similar scope including projects with state and federal funding. 15 points

5. The firm's proposed work schedule. 15 points

6. The firm's proposed project methodology and approach. 10 points

7. Demonstrates an understanding of the planning process, budgeting, ability to schedule effectively and control quality and costs. 10 points

EVALUATIONS, INTERVIEW AND NEGOTIATIONS

The selection process will be in accordance with the Brooks Act (Public Law 92-582) requirements. After review of the firm qualifications, a short-list of the top three firms will be determined. These firms may be invited for an interview with a panel of city representatives. After the interview process, the most highly qualified firm will be contacted to begin negotiations. If a fee is not agreed upon within a reasonable time with the top ranked firm, negotiations will conclude so that negotiations may proceed with the second-ranked firm. The negotiation process will continue until an agreement is reached with a ranked firm. Any negotiated agreement shall be presented to the City Commission for approval. Negotiated fees must comply with the funding source requirements.

Proposals will be evaluated by the City of Albany who will score the proposals on the evaluation factors listed. The City is an Equal Opportunity Employer. Further in accordance with Section 504 of the Rehabilitation Act of 1973, as amended, the City does not discriminate on the basis of handicapped status in the administration or operation of its programs.

INQUIRIES OR QUESTIONS: Should be submitted in writing to Kimberly M. Allen, Buyer, at the Procurement Division Office no later than 5:00 PM, October 4, 2021; electronic inquiries are acceptable at kiallen@albanyga.gov, cc: tewilliams@albanyga.gov and mtrotter@albanyga.gov. Replies of substance will be in writing, in the form of an addendum, and made available to all potential respondents.

*COMPLETE AND SUBMIT*

CERTIFICATION OF NON-COLLUSION

The bidder being sworn, disposes and says, _______________________________________ The Consultant submitting this certification and its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this bid.

DATE: _____________________

COMPANY NAME: __________________________________________

AUTHORIZED REPRESENTATIVE NAME: ________________________________________

TITLE: ________________________________________

SIGNATURE: ___________________________________

GOVERNING LAW AND VENUE

DATE: _____________________

COMPANY NAME: __________________________________________

AUTHORIZED REPRESENTATIVE NAME: ________________________________________

DEBARRED BIDDERS/INTEGRITY CERTIFICATION

Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (49 CFR, Part 29):

The Contractor must certify that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the Contractor certifies that he or she shall obtain an identical certification from all its sub-contractors. The Contractor also agrees that when a sub-contractor is unable to certify to any of the statements in this certification, the prospective participant shall submit an explanation to the Contractor.

DATE: _____________________

COMPANY NAME: __________________________________________

AUTHORIZED REPRESENTATIVE NAME: ________________________________________

Drug Free Workplace Certification DRUG FREE WORKPLACE REQUIREMENTS: The Consultant will provide the following certification that a Drug Free Workplace will be provided on the Project.

The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating the "Drug Free Workplace Act", have been complied with in full. The undersigned further certifies that:

1. A drug free workplace will be provided for the Consultant’s employees during the performance of the Contract; and

2. Each Consultant who hires a Subconsultant to work in a drug free workplace shall secure from that Subconsultant the following written certification:

DATE: _____________________

COMPANY NAME: __________________________________________

AUTHORIZED REPRESENTATIVE NAME: ________________________________________

INDEMNITY AGREEMENT

This indemnity agreement made and entered into in favor of CITY OF ALBANY (“ALBANY”), a municipal corporation, by ______________________.

WHEREAS ______________ ____ has submitted a proposal to ALBANY so as to provide _______________________.

NOW, THEREFORE, as an additional consideration in ALBANY awarding the contract to __________________.

___________________ agrees to indemnify and hold harmless ALBANY, its agents, principals, officers, and employees, their successors and assigns, individually and collectively, with respect to all claims, demands or liability for any injuries to any person (including death) or damage to any property arising out of any alleged negligence of ________________________, its officers, agents, or employees in connection with said proposal /award; provided this indemnity shall not extend to any damage, injury or loss due to ALBANY’s sole negligence or willful misconduct of ALBANY. ____________________ shall defend against all such claims and pay expenses of such defense, including reasonable attorney fees, and all judgments based thereon.

WITNESS THE HAND AND SEAL of the _______________ pursuant to proper corporate authority ____ day of _________, 2021.

[CORPORATE NAME]

[Affix Corporate Seal]

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Consultant’s Name:

Address:

Solicitation /Contract Name:

CONSULTANT AFFIDAVIT

I understand that the City of Albany may not enter into a contract with __________________(Name of Corporation) unless it has registered and does participate in the Federal Work Authorization Program defined in O.C.G.A. § 13-10-90(2), to-wit” (2) “Federal work authorization program” means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603.

By executing this affidavit, the undersigned Consultant verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, entity or corporation which is engaged in the physical performance of services on behalf of the City of Albany has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned Consultant will continue to use the federal work authorization program throughout the contract period and the undersigned Consultant will contract for the physical performance of services in satisfaction of such contract only with sub-Consultants who present an affidavit to the Consultant with the information required by O.C.G.A. § 13- 10-91(b). Consultant hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization (EEV/E-Verify Company Identification Number)

Name of Consultant

I hereby declare under penalty of perjury that the foregoing is true and correct.

Printed Name (of Authorized Officer or Agent of Consultant) Title (of Authorized Officer or Agent Consultant)

Signature (of Authorized Officer or Agent) Date Signed

SUBSCRIBED AND SWORN BEFORE ME ON

[NOTARY SEAL]

Notary Public My Commission Expires: Approved 10/23/2020

LOBBYING CERTIFICATION

The Offeror certifies, to the best of its knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a Federal department or agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a Member of the U.S. Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification thereof.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of a Federal department or agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a Member of the U.S. Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions (as amended by “Government-wide Guidance for New Restrictions on Lobbying,” page 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 USC 1601, et seq.).

3. The undersigned shall require that the language of this certification be included in the award documents for sub awards at all tiers (including subconsultants, sub grants, and contract under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

THE OFFEROR, , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND DISCLOSURE, IF ANY. IN ADDITION, THE OFFEROR UNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 USC § 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND DISCLOSURE, IF ANY.

Signature of Offeror’s Authorized Representative

Name & Title of Offeror’s Authorized Representative

RFQ #22-021 1

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