City of Hendersonville, NC

Request for Proposal # _271565001_

Vendor Name: _________________________

Urban Forestry Consulting Services

Date Issued: 10/19/26

Bid Opening Date: 11/6/26

Direct all inquires concerning this RFP to:

Caitlyn Gendusa

Sustainability Manager cgendusa@hvlnc.gov

(828) 712-4464

TABLE OF CONTENTS

I. Purpose and Background

II. Procurement Process

2.A Timeline/Schedule

2.B Interpretations and Clarifications

2.C Submission of RFP

2.D Proposal Format/Content

2.D.1 Tab A Cover Letter Contents

2.D.2 Tab B Company Background/Experience

2.D.3 Tab C Capacity Statement

2.D.4 Tab D Forestry Work Samples

2.D.5 Tab E Project Team/Staff

2.D.6 Tab F Price Information

2.D.7 Tab G Required Forms

2.E Pricing

2.F Other Process Note

III. Selection Process

3.A Purpose

3.B Selection Criteria

3.C Award Procedures

IV. Preferred Specifications/Requirements

4.C Tree Inventory

4.D Urban Forestry Management Plan

4.E Project Coordination and Engagement

4.F Deliverables

4.G Schedule

4.H List of Vendor Exceptions and Related Proposals

V. Additional City Requirements

5.A Insurances

5.B Certificates and Notice of Cancellation

5.C Indemnify the City

5.D Termination of the Contract

5.E Administrative Requirements

VI. Reference List

VII. Bid Response Sheet

I. Purpose and Background

The City of Hendersonville is seeking qualified professional urban forestry consulting services to complete a Tree Canopy Cover Assessment, Tree Inventory, and Urban Forestry Management Plan.

The project is intended to provide the City with a comprehensive, data-driven framework for the long-term management, maintenance, protection, and enhancement of Hendersonville's urban forest.

The selected consultant shall complete the following three coordinated project components:

1. Tree Canopy Cover Assessment

2. Tree Inventory

3. Urban Forestry Management Plan

The City intends for these components to function as an integrated planning effort. Findings from the Tree Canopy Cover Assessment and Tree Inventory shall directly inform the goals, priorities, recommendations, and implementation strategies contained in the Urban Forestry Management Plan.

The contract will be awarded to the vendor deemed to have submitted the best overall proposal on the basis of the factors included in this RFP.. The City may cancel this RFP or reject proposals at any time prior to an award and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. The award document will be a contract incorporating by reference all the requirements, items, and conditions of the RFP. The City of Hendersonville reserves the right to reject any and all submissions.

The City’s Sustainability Manager will serve as the point of contact for setup, implementation, maintenance, use, account questions, and billing.

SPECIAL NOTE REGARDING FEDERAL FUNDING:

This project is funded, in whole or in part, with federal financial assistance administered through the North Carolina Department of Agriculture and Consumer Services, North Carolina Forest Service. Accordingly, this procurement and any resulting contract are subject to the federal Uniform Guidance, the terms and conditions of the applicable federal award, and other applicable federal and State pass-through requirements. Each Offeror shall submit all certifications, disclosures, and other documentation required by this RFP in connection with such funding. The successful Offeror shall comply with all federal requirements applicable to the contractor, the contract, and contracts regarding the funded work and shall include all required provisions. The City will incorporate into any resulting contract all mandatory federal contract provisions and applicable award-specific and pass-through requirements.

II. Procurement Process

2.A Timeline/Schedule Release of RFQ: October 19, 2026

Deadline for Vendor Questions: October 26, 2026

RFP Due Date: November 6, 2026

Notification of Short Listed Offerors: November 10, 2026

Interviews with Short Listed Offerors: November 17, 2026

Anticipated Award Date: November 23, 2026

Effective Contract Date: December 15, 2026

2.B Interpretations and Clarifications Requests for information or clarification of this RFP must be made in writing and addressed to Caitlyn Gendusa, Sustainability Manager at the address or e-mail address listed below. E-mail is the preferred method of communication. RFP Number, Page Number (if applicable), and Topic of Question should be addressed.

Caitlyn Gendusa, Sustainability Manager Public Services 305 Williams St.

Hendersonville, NC 28792 cgendusa@hvlnc.gov

Per Section A, all questions must be received by 5:00 PM EST on October 26, 2026. The answers to questions submitted that require a response will be available to all vendors in the form of an addendum to be posted on the bid webpage. There will be no last date of addendum for this solicitation.

2.C Submission of RFP One (1) original and three (3) paper copies, and one electronic file (either on media submitted with the proposal or by email prior to the deadline) of the proposal shall be submitted by 2:00 PM EST on Friday, November 6th, 2026 to:

Caitlyn Gendusa, Sustainability Manager Public Services 305 Williams St.

Hendersonville, NC 28792

Proposals should be clearly marked “RFP # 271564001 for Forestry Consultant” .

When received, all proposals and supporting materials, as well as correspondence relating to the RFP, shall become the property of the City of Hendersonville. Proposals sent by fax will not be accepted.

Proposals will not be made available to inspect or copy until the contract has been awarded.

In submitting a proposal, it is understood by the vendor that the City of Hendersonville reserves the right to accept any proposal IN WHOLE OR IN PART, to reject any and all proposals as non-responsive, and to waive any irregularities or informalities in proposals when to do so is in the best interest of the City.

Any proposal may be withdrawn or modified by written request of the vendor, provided such request is received by the City at the designated address prior to the date and time set for receipt of proposals.

If a proposal includes any propriety data or information, such data or information must be specifically identified as such on every page on which it is found. Data or information so identified will remain confidential to the extent allowed by North Carolina law pursuant to GS 132-1.2 and will be used by City personnel solely for the purposes of evaluating proposals and conducting contract negotiations. The practice of labeling unqualified pages as confidential, including the bid form, may result in a proposal being dismissed from evaluation.

All proposing firms or individuals shall comply with all conditions, requirements, and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal. However, the City reserves the right to change the conditions, requirements, and specifications as it deems necessary.

No proposals will be accepted from any person or organization that is in arrears for any obligation to the City, or that otherwise may be deemed irresponsible or unresponsive by City staff or the City of Hendersonville City Council.

All prices quoted must be firm for a period of 90 (ninety) days following the proposal deadline to allow for evaluation and a contract award period.

The cost of preparing a response to the RFP will not be reimbursed by the City.

All proposals must include all necessary brochures of proposed service, platform, and related software.

No agreements with any selected vendor shall be binding until a contract is signed and executed by City Council or City Manager and authorized representatives of the vendor.

2.D Proposal Format/Content Offerors should prepare their proposals in accordance with the instructions outlined in this section. Each offeror is required to submit the proposal following the instructions listed in Section “2.C Submission of RFP”. Proposals should be prepared as simply as possible and provide a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of the RFP.

The successful offeror’s proposal must include all responses to the requirements contained within this RFP and all appendices (if applicable) must be completed in their entirety.

By submitting a proposal, the successful offeror’s firm agrees to all applicable provisions, terms and conditions associated with this RFP.

This RFP, the successful bidder’s submitted proposal, all appendices and attachments (if applicable), and stated terms and conditions may become part of the resulting contract.

Utmost attention should be given to accuracy, completeness, and clarity of content. All parts, pages, figures, or tables should be numbered and clearly labeled. Response information should be limited to pertinent information only. Marketing and sales type information is not to be included. Proposals shall be 8 1/2" x 11" with one (1) inch margins with Arial or Times New Roman font and text size minimum of eleven (11) points. Charts and screenshots are not restricted to formatting requirements; however, please use your judgment for decipherability.

The proposal should be organized into sections:

Tab A – Cover Letter Tab B – Company Background/Experience Tab C – Capability Statement Tab D – Forestry Work Samples Tab E – Project Team/Staff Tab F – Price Information Tab G – Required Signature Forms; including the =Bid Response Sheet, Addenda Receipt, and Certification Regarding Lobbying.

2.D.1 Tab A Cover Letter Contents Provide an overview to include company name, corporate history, and number of years in business under the current organizational name and structure, services offered, location of principal place of business and evidence of authority to do business in North Carolina.

Specifically state if you are submitting a proposal as a consulting firm, independent consultant or joint proposal. Describe your interest in this project and the unique advantage your firm and team brings. The cover letter may be a maximum of three (3) pages.

Provide the following information about your company. Respond to each item and provide supporting documentation and/or exhibits as requested or desired.

Full Legal Company Name (and indicate whether company operates under any assumed names) o Address o Telephone Number o Fax Number o E-mail Address o Name of Single Point of Contact o Name of Person with binding authority to enter into contracts

List the type of firm or organization (corporation, partnership, joint venture, etc.) that will serve as the prime contracting party.

Describe your company’s purpose, mission and values and explain how they will support the relationship with the City by providing the services listed in this RFP.

Make the following representations and warranty in the cover letter, the falsity of which might result in rejection of its proposal: “The information contained in this proposal or any part thereof, including any exhibits, schedules, and other documents and instruments delivered or to be delivered to the City, is true, accurate, and complete.”

2.D.2 Tab B Company Background/Experience This section provides each company with the opportunity of demonstrating how its history, organization and experience qualify your company for this project. Careful attention should be paid to providing information relevant to the City needs as described in the RFP.

History and Profile o Provide a concise profile of the offeror’s organization to include the following:

Corporate history, and number of years in business under the current organizational name, structure and services offered.

Summarize the firms work on projects similar in size and complexity.

Share history of meeting project deadlines.

Are audited or otherwise verifiable financial statements available upon request?

Is the bidder’s organization involved in any pending litigation that may affect its ability to provide the consulting services for this project?

References o Fill out Section VI to provide contact information for three of your current (last

3 years) customers including organization name and the following:

Company Name Name of Contact Phone Number Email Address Title of Project

2.D.3 Tab C Capacity Statement

Provide a Capability statement that demonstrates your organization’s ability to complete urban forestry management planning, tree canopy cover, and tree inventory assessment services as described in the scope of work section for this RFP.

Summarize how your firm would approach meeting the requirements listed in scope of work section.

Provide a summary implementation that aligns with the scope of work.

Provide a draft timeline that aligns with completing the requested urban forestry management planning, tree canopy cover, and tree inventory assessment and implementation as described in the scope of work.

2.D.4 Tab D Forestry Work Samples

Provide evidence of prior experience or a sample tree inventory, tree canopy assessment, and urban forestry management plan that your firm developed. If your firm is responding to a portion of this RFP provide the requested sample accordingly.

2.D.5 Tab E Project Team/Staff

List the number of staff assigned to this project.

Provide resumes for the Project Manager and for other team member assigned to this project (up to 2 pages per resume).

List the percentage of time each team member will dedicate to this project o Briefly describe the role and percentage of time the team member will spend on this project.

Include name(s) of sub-consultant and list their role (if applicable)

2.D.6 Tab F Price Information Include all cost associated with preparing and completing this project as described in this RFP.

Include hourly rate information for assigned staff.

The City may request additional price information as needed.

2.D.7 Tab G Required Forms Include complete and signed Section VII in your response.

2.E Pricing Vendor must provide a list of all known and anticipated costs for each service provided. The vendor should complete each of the proposal terms included in this proposal.

Requirements:

Upgrades and requested options shall be specifically identified the first month of the addition to the City invoice.

No third-party billing will be acceptable.

All additions later in the contract term will be at the same price, term, and conditions of the original award.

The vendor must identify in the proposal all occasions when charges are not covered by the contract and present a proposed range of charges.

The vendor may not increase pricing at any time during the contract. However, the vendor may at any time evaluate the usage and offer a lower rate.

2.F Other Process Note

It is the desire of the City of Hendersonville to contract with vendors within the City and Henderson County whenever possible. The City has a responsibility to its citizens and local businesses; however, the City must ensure taxpayer money is spent with prudence.

The City will not award this contract based on the location of the vendor; however, every effort will be made to encourage qualified local vendors and suppliers to compete for City business.

III. Selection Process

3.A Purpose The purpose of the RFP is to select a vendor to provide Consultancy Services of an urban forestry management plan, tree canopy cover assessment, and tree inventory for the City of Hendersonville, NC.

Upon review of proposals, the City will select a single vendor to provide the services sought within the content of this RFP. If awarded, the City will award a contract to the vendor that submits the best overall proposal, as determined by the City. Negotiations may be undertaken with the vendor whose proposal is the best overall and whose understanding, qualifications, experience, technical approach, and financial terms show them to be qualified, responsible, and capable of providing the services.

The contract awarded as a result of this RFP will be selected based on the most advantageous to the City and best meeting the needs of the City. The contract will not necessarily be awarded to the respondent with the lowest overall cost proposal.

3.B Selection Criteria A weighted analysis of the evaluation criteria will be utilized to determine the vendor that represents the best value solution for the City.

In the evaluation and score/ranking of Offerors, the Owner will consider the information submitted in the proposal as well as the meetings with respect to the evaluation criteria set forth in the RFP.

The initial evaluation criteria/factors and relative weights listed below will be used to recommend selection of the Proposed Offeror or for the purpose of selecting Short-Listed Offerors. The City may choose to award without engaging in interview discussion.

Proposals will be evaluated and scored by a committee consisting of at minimum Public Services, and Community Development personnel on the basis of the following criteria in combination with a scoring matrix.

Evaluation Criteria Weight Company Background and Experience 15% Capability Statement and Forestry Work Samples 30% Project Team/Staff Qualifications 20% Project Understanding, Schedule, and Implementation Approach 25% Total Price 10%

After identification of Short-Listed Offerors, the Owner may or may not decide to invite Short- Listed firms to interviews. If interviews are scheduled with the Short-Listed Offerors, previous evaluation and rankings are not carried forward. For the purpose of selecting a Preferred Offeror, the evaluation criteria will be given the following relative weights.

Interview Evaluation Criteria Weight Technical Approach, Capability and Project Team/Staffing 60% Price, Quality and Relevance of Interviews/Presentation as it relates to the Scope of the RFP

40%

If awarded, the contract will be awarded to the responsible Offeror whose proposal is determined to be the most advantageous to the City, taking into consideration the evaluation factors set forth herein.

3.C Award Procedures The City reserves the right to make an award without further discussion of the proposals received. Therefore, it is important that the proposal be submitted initially on the most favorable terms. It is understood that any proposal submitted will become part of the public record.

A proposal may be rejected if it is incomplete. The City may reject any or all proposals and may waive any immaterial deviation in a proposal.

The City may accept that proposal that best serves its needs, as determined by City officials in their sole discretion.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered.

At the Owner’s discretion, it will initiate negotiations with the Preferred Offeror. The “Preferred Offeror” is the Offeror that the Owner determines achieves the apparent best overall score/ranking. If the Owner is unable to execute a contract with the Preferred Offeror, negotiations with the Preferred Offeror may be terminated, and provided that such negotiation are terminated in writing, the Owner may proceed to negotiate with the next Preferred Offeror.

The Owner will continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated. Negotiations are at the Owner’s sole discretion.

The award document will be a Contract incorporating, by reference, all the requirements, terms and conditions of the solicitation and the Offeror’s proposal as negotiated.

IV. Preferred Specifications/Requirements

4.A Applicable NC Forest Service Specifications

The following attachments are incorporated into this RFP and establish the minimum technical requirements applicable to this project:

Attachment 1 – NCFS Urban & Community Forestry Best Management Practices Specifications

Attachment 2 – NCFS Tree Canopy Cover Assessment Request for Proposals Specifications

Attachment 3 – NCFS Tree Inventory Request for Proposals Specifications

The selected consultant shall comply with all applicable requirements contained in these documents for the Tree Canopy Cover Assessment and Tree Inventory.

Where a consultant proposes an alternative methodology or equivalent standard, the proposal shall clearly identify the proposed alternative and demonstrate that it meets or exceeds the applicable NC Forest Service requirement.

Only those portions of the NCFS Urban & Community Forestry Best Management Practices Specifications applicable to the services included in this RFP shall apply. Specifications related to actual tree planting, pruning, removal, or other tree-maintenance construction activities are not included in the consultant's base scope unless otherwise specifically authorized by the City.

4.B Tree Canopy Cover Assessment

The consultant shall complete a Tree Canopy Cover Assessment for City limits and ETJ in accordance with the applicable NCFS specifications.

In addition to meeting NCFS requirements, the assessment shall provide baseline information that can be used by the City to:

understand the distribution of existing canopy;

identify opportunities for canopy preservation and expansion;

prioritize future tree planting and investment; and evaluate changes in canopy over time.

All required GIS data, maps, analysis results, and reports shall be provided to the City in editable formats compatible with the City's Esri/ArcGIS environment.

NCFS already defines the required land-cover outputs, ecosystem-service analysis, statistical confidence, and geographic units, so I would not repeat those here.

4.C Tree Inventory

The consultant shall complete a comprehensive GPS inventory of trees and planting sites within the project area in accordance with the applicable NCFS specifications.

The anticipated inventory area includes:

approximately 69.31 centerline miles of City street right-of-way;

approximately 298.92 acres of City parks and public properties;

The City will provide available GIS data identifying street rights-of-way and City-owned properties to assist in establishing the final inventory limits.

The final inventory shall be provided in a GIS-based format compatible with the City's Esri/ArcGIS environment and capable of continued use and maintenance by City staff.

The NCFS specification already defines which trees are inventoried, the Level 2 inspection standard, management recommendations, priority classifications, required data fields, QA/QC procedures, GPS accuracy, and inventory-report content.

Although there are not currently plans to do so, the City reserves the right to award a contract to more than one firm or consultant.

4.D Urban Forestry Management Plan

The consultant shall prepare a comprehensive Urban Forestry Management Plan using the Tree Canopy Cover Assessment, Tree Inventory, review of existing City plans and policies, and input from City staff and stakeholders.

The Plan should establish an approximately 10-year management framework, with particular emphasis on actionable recommendations during the first five years.

At a minimum, the Plan should address:

current urban forestry program structure and responsibilities;

tree maintenance and inspection practices;

tree planting and replacement;

canopy preservation and expansion;

species and age diversity;

tree risk management;

storm preparedness and post-storm response;

invasive pests and disease;

tree protection during development and construction;

coordination with utilities and public infrastructure;

applicable ordinances, policies, and development standards;

staffing, equipment, technology, and contracted-service needs;

funding and partnership opportunities; and measurable program goals and performance indicators.

The Plan shall include a prioritized implementation strategy identifying recommended actions, anticipated timeframe, responsible department or partner, estimated level of effort or cost where practicable, and appropriate performance measures.

4.E Project Coordination and Engagement

The consultant shall work collaboratively with City staff throughout the project.

At a minimum, the project shall include:

project kickoff meeting;

regular coordination with the City's Project Manager;

consultation with applicable City departments;

review of preliminary inventory and canopy findings;

review of draft management recommendations;

Tree Board, Environmental Sustainability Board and stakeholder engagement as desired;

and presentation of final findings and recommendations to City Council and Tree Board.

4.F Deliverables

At a minimum, final deliverables shall include:

Tree Canopy Cover Assessment and supporting GIS data;

Tree Inventory database, GIS files, and inventory report;

Urban Forestry Management Plan;

prioritized implementation/action matrix;

required maps, figures, metadata, and data dictionaries;

executive summary;

final presentation materials; and all other deliverables required by the applicable NCFS specifications.

All project data developed under this contract shall become the property of the City of Hendersonville.

4.G Schedule

The proposer shall provide a detailed project schedule identifying major tasks, fieldwork, meetings, draft deliverables, City review periods, and final completion.

All work shall be completed by September 30, 2028.

4.H List of Vendor Exceptions and Related Proposals

Please note that the determination of whether a proposed alternate is acceptable shall be at the sole discretion of the city.

Section Number above where the Exception relates.

Provide a thorough, clear explanation regarding why your company will be unable to meet this requirement. Additionally, provide an alternative proposal for how your company can effectively meeting this requirement via a different means.

V. Additional City Requirements

5.A Insurances Vendor shall maintain insurance from companies licensed to write business in North Carolina, with an A.M. Best rating of “A” or higher, and acceptable to City, of the kinds and minimum amounts specified below.

The vendor awarded this contract shall maintain all required insurances as listed below the entire time of the contract.

Workman’s Compensation Insurance o The successful vendor shall maintain during the life of the contract all Workmen’s compensation insurance as is or may be required by Laws of North Carolina.

Automobile Liability Insurance o Insurance for all vehicles used in the performance of this contract must be in place at minimum in amounts of at least $300,000.00 per person and $500,000.00 per occurrence for personal injury and wrongful death; and at least $100,000 for property damage; and medical payment coverage of at least $5,000.00 per occurrence.

Professional Insurance o Contractor shall also maintain professional liability insurance with minimum limits of $1,000,000.00 per occurrence, combined single limit for bodily injury and property damage coverage, and shall include premises and operations, independent contractors, products and completed operations, contractual liability, and broad form property damage. The City shall be named as an additional insured on each of said insurance policies. Contractor shall furnish copies of all such policies and all renewals, terminations, and alterations to the City on a current basis.

5.B Certificates and Notice of Cancellation Before commencing work under this contract, Contractor shall furnish City with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement:

"The insurance covered by this certificate must have a notice endorsement providing that insurance will not be cancelled or materially altered, except after thirty (30) days written notice has been received by City".

5.C Indemnify the City Contractor agrees to protect, defend, indemnify and hold the City, and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, recoveries, costs, charges, and other expenses or liability of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this agreement and or the performance hereof. Contractor further agrees to investigate, handle, respond to and provide defense for any such claim at his sole expense.

5.D Termination of the Contract The City reserves the right to cancel the contract by giving a sixty-day written notice. This is in addition to a fiscal year end cancellation caused by lack of funding. Any cancellation as described herein will not be considered a breach of contract and will not be subject to penalty payments other than removal charges.

5.E Administrative Requirements Vendor must provide a single designated account manager to work with the City as a point of contact who will have full authority over the contract, equipment and personnel who will be assigned to the City. This individual should have experience in the copier business with a background in service, sales, and management. Also, include the number of additional personnel and their responsibilities who will be assigned to the City.

o Designated Account Point of Contact:

Name: ___________________________ Phone: ___________________________ Email: ___________________________

The vendor must provide one invoice emailed to the appointed City Contact. The City prefers to be billed on a monthly basis for all transaction costs and related fees. The invoice shall at minimum include the following info:

1. Invoice number

2. Bill date

3. Department Name and Location

VI. Reference List References for which you have done business in the last (3) three years. Preferred consideration will be made for City/City entities).

Name of Contact Company Name Phone # Email Address Title of Project

VII. Bid Response Sheet Electronic Payment System/Service

Service Agreement City of Hendersonville, North Carolina

Bid furnished by: ___________________________________________________

Address: ___________________________________________________________

Telephone #: _________________________ Fax# _________________________

Tax ID# _______________________________________

I (we) have carefully examined the Bid Information, reviewed the Bid Specifications, and all Addenda and therefore furnish the bid proposal as shown below.

BID PROPOSAL:

Include List of Services Provided Below and Proposed Cost.

Activity Cost/Fee (Include unit as well where applicable. For example: per hour, etc.)

Attach additional sheets if necessary.

The City will not award this contract based on the location of the vendor; however, every effort will be made to encourage qualified local vendors and suppliers to compete for City business.

Please attach additional proposals as separate pages added to the bid response.

Include both a summary and detail.

Name of Point of Contact dedicated to the City of Hendersonville:

Name Phone Number Email Address Title

Additional personnel and responsibilities who will be dedicated to the City:

Name Phone Number Email Address Responsibility

Date of Bid Proposal: ___________________

By: ____________________________________________________ Authorized signature

Printed Name: __________________________________________

Title: __________________________________________________

Address: _______________________________________________

Phone: ________________________________________________

Fax: __________________________________________________

E-mail: ________________________________________________

The following signatures acknowledges vendor receipt of all RFP addenda. Failure to sign this portion of the bid will result in an irresponsive bid proposal.

By: ____________________________________________________ Authorized signature

Date of Signature: ___________________________________________

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of the undersigned’s 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

4. 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 Section 1352, Title 31 of the U.S. Code. 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 undersigned vendor, ________________________ certifies and affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Authorized Official

Date

Name and Title of Authorized Official