Town of Troupsburg, New York REQUEST FOR QUALIFICATIONS

Engineering Services, Design and Creation of Bid Documents

for Storm Water Infrastructure Projects

 

PART 1 – GENERAL INFORMATION

1.1     Purpose of Request for Proposal

The Town of Troupsburg, New York (Owner) is requesting proposals for professional Engineering services for the purpose of restoring improved facilities in the Town of Troupsburg that were damaged by flooding. Proposers may be qualified individuals or firms.

Copies of this Request for Proposal can be obtained electronically from the Town’s webpage at townoftroupsburgny.gov.  There is no fee for these documents.

1.2   Background

In August 2021 severe storms and flooding caused significant damage to improved facilities across the Town of Troupsburg, Steuben County. FEMA issued a Notice of the Presidential declaration of a major disaster for the State of New York (FEMA -4625-DR). This declaration makes FEMA Public Assistance (PA) program funds available to the County of Steuben and Town of Troupsburg for these repairs and all funds paid to subcontractors must be in accordance with Federal Program Regulations.

The Owner is legally responsible for storm water facilities that were damaged during the flood disaster including, roads, ditches, culverts, and cross culverts that convey streams and or stormwater under Town owned roads. The Owner has hired a disaster recovery grant specialist to assist with obtaining FEMA PA grant funds for the damage sustained during the flood. Repairing some of these facilities will require the services of a professional Civil Engineer to provide the following services: developing cost estimates, performing studies, determining permit requirements, submitting permit applications, developing repair designs, preparing construction plans and specifications and construction monitoring services.

The selected subcontractor will be required to include specific language within their contract that can be found on the Town’s website labeled “REQUIRED FEMA CONTRACT LANGUAGE.”

1.3   Owner’s Participation

The Owner recognizes the benefits of having the Engineer / Engineering Firm accessible at all stages of the project and wishes to utilize their expertise as sites and repairs are investigated.

The Owner will provide an Owner’s Representative and its FEMA Disaster Recovery Consultant to assist the Engineering Design firm in reviewing damage sites, collecting required data, and providing repair options.

1.4   Inquiries and Lobbying Restrictions

Respondents will examine all documents included in this Request for Proposal carefully and shall make a written request to the Owner or Owner’s Disaster Recovery Consultant for interpretation or corrections of any ambiguity, inconsistency, or error herein. Any interpretation or correction will be issued as an Addendum by the Owner and posted on the website. Only a written interpretation or correction by Addendum shall be binding. Respondents are cautioned against relying upon any interpretation or correction given by any other method.

All requests for interpretation or other Inquiries concerning the request for proposal process and/or the subject of this request must be made via email to:

Troupsburg Town Supervisor [email protected]

Any inquiries that are received will be evaluated. If the Owner decides to respond to the inquiry it will reply via addenda and posted publicly via the website. Proposers who wish to be notified of any addenda shall notify Owner through an email request to the above email immediately upon receipt of this Request for Proposal.

Except for contact with the designated officials(s) for this project, all interested individuals and firms, and their agents who intend to submit or have submitted a proposal or other response to the Owner for this project, are hereby placed on formal notice that no 1) Owner/Board Member, or 2) Owner employee / official, or 3) Consultant to Owner is to be lobbied either individually or collectively concerning this project between the dates of February 20, 2025 and March 15, 2025.

Lobbying consists of introduction, discussions related to the selection process, or any other discussions or actions that may be interpreted as attempting to influence the outcome of the selection process. This includes holding meetings thereof, engaging in lobbying and/or prohibited contact, which actions may immediately disqualify Responder from further consideration for this project.

1.5   Proposal Withdrawal

Proposers may withdraw their proposals by notifying the Owner, in writing, at any time prior to the proposal response time deadline. Proposals, once opened, become the property of the Owner, and will not be returned to the Proposers.

1.6   Proposal Timetable

The Proposers shall adhere to the following schedule in all actions concerning this RFQ:

Owner Issues RFQ	February 20, 2025
Proposals Due no later than 12 Noon	March 19, 2025
Town Board Meeting Approving Selection	April 9, 2025

 

The Owner may delay or modify scheduled event dates (Section 1.6) if it is to the advantage of the Owner to do so.

1.7   Addenda

If revisions or clarifications to the RFQ become necessary, the Owner will provide written Addenda via email to all Proposers who requested the RFQ and provided a working email address. All Addenda issued by the Owner will include a receipt form, which must be signed and included with any proposal submitted to the Owner. In the event multiple addenda are issued, a separate receipt for each Addendum must be included with the proposal at the time it is submitted to the Owner. It is the responsibility of Proposers to closely monitor addenda. The Owner will notify Proposers of all changes electronically, consistent with Section 1.4 of this RFQ.

The Owner will not issue Addenda less than five (5) days prior to the scheduled deadline date and time for receiving proposals, unless said date is to be postponed. Postponement of the deadline is at the sole discretion of the Owner. Every effort will be made to provide reasonable time for modification or preparation for proposers if an error is identified within this RFQ or upon the issuance of Addenda.

1.8      Oral Presentation and/or Interviews

At its sole discretion, the Owner may invite short-listed respondents to conduct oral presentations or interviews. Presentations or Interviews provide an opportunity for Proposers to clarify their proposals for the Owner and for the Owner to meet the members of the team to be directly assigned to the contract for the duration of the project. The Owner will schedule any such presentation or interviews.

1.9     Acceptance or Rejection of Proposals

The Owner reserves the right to reject any and all proposals when (1) such rejection is in the best interest for the Owner; or (2) the proposal contains any irregularities; provided, however, that the Owner reserves the right to waive any minor irregularities and to accept the proposal determined most responsive and responsible and best meeting its needs. The Owner also reserves the right to withdraw this RFQ at any time and/or to solicit and re-advertise for additional proposals. Owner recognizes the effort dedicated to preparing proposals and will not withdraw this RFQ unless deemed absolutely necessary.

1.10   Development Costs

Neither the Owner nor its representatives shall be liable for any expenses incurred in connection with the preparation, submission, or presentation of a response to this RFQ.

1.11    Conflicts of Interest

All Proposers must disclose with their proposal the name of any officer, director, or agent who is an appointed official or an employee of the Owner. Further, all Proposers must disclose the name of any appointed official or employee of the Owner who owns directly or indirectly, any interest in the Proposer’s firm or any of its branches.

1.12    Administrative Requirements

The proposer shall be familiar and compliant with 1) OMB Circular A-87 – Cost Principles for State, Local, and Indian Tribal Governments, 2) OMB Circular A-102 – Grants and Cooperative Agreements with State and Local Governments (10/07/1994) (further amended 08/29/1997 and 3) 44CFR Part 13, Uniform Administrative Requirements for Grants. 4) 2 CFR Part 200.

1.13   Non-collusion

By submitting and signing a proposal response, the Proposer certifies that their offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery of material or provision of services. Any violation of this provision may result in contract cancellation, return of materials or discontinuation of services and possible removal from the Owner’s Vendor/Bid List(s).

1.14     Licenses and Permitting

Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of New York at the time of submittal of their response to this solicitation. Should the Respondent not be fully licensed and certified, its proposal shall be rejected. It is expected that all respondents have the necessary credentials and expertise to exercise the standard of care required to carry out the activities described in this RFQ. Subcontracting specific types of expertise will be considered but must be clearly identified and disclosed.

1.15   Notification of Award

Notice of the award will be provided to all Proposers by the Owner via email.

1.16    Qualifications

Required qualifications that will be considered by Owner as a basis for selection of an Engineer or Engineering Design firm are as follows:

1. Must have a minimum of five years staff expertise in Municipal/Civil Engineering and design service plus demonstrated experience with watersheds, hydrology, siltation, waterflow management, creation of preliminary design concepts, cost estimating and analysis.
2. Must have expertise in the design and maintenance of gravel roads and drainage channels and systems associated with these facilities.
3. Demonstrated experience relating to FEMA funded projects including an understanding of procurement protocols, contractual requirements, and project management procedures.

PART 2 – DESCRIPTION OF SERVICES

2.1   Services Required

Entities that meet the qualification requirements described in 1.16 are requested to submit proposals for Engineering Design, Cost Estimating, Procurement and Bidding services for the Owner. The damage consists of culverts, roads, and drainage systems. A portion of the repair work is complete. Engineering services will be required for structures that sustained extensive damage, require a hydrology study or for mitigation opportunities.

There are approximately 10-12 different types of projects that have been obligated for funding through the FEMA PA program.  Not all projects will require all services listed. For the purposes of this RFQ the Owner desires to select a qualified firm that has demonstrated expertise for the services required across the obligated projects. Each project will require a separate approach and set of services.

The Owner has procured the services of a Professional Disaster Recovery Consulting Firm to, inventory eligible damage, and assist with the regulatory and processing requirements related to the FEMA PA, 404&406 programs and obtain grant funds for repair of damaged facilities. The selected firm must be able to start work immediately after Town Board approval and begin Preconstruction Phase services.

Preconstruction Phase Services and Deliverables

1. Collaborate with the Owner and Professional disaster recovery consultants to conduct damage assessments, verify site data, identify repair methods that are in compliance with the FEMA Public Assistance program.
2. Develop an Engineers Estimate of Probable Cost to Repair for identified eligible damages for each individual item of damage. In accordance with FEMA PA guidelines, the following types of cost estimates must be performed for identified damage sites:
   1. Cost to repair damaged facilities to pre-disaster condition
   2. Cost to repair individual damaged facilities for compliance with permit requirements regulatory compliance or applicable codes and standards
   3. Cost of potential mitigation measures or additional design elements that were not part of the facility, pre-disaster, yet will contribute to future climate resiliency

 

   C.  Conduct a regulatory analysis for projects that may require a permit and submit a written regulatory report          to the Owner clearly identifying which permits will be required for each facility and include a description of          the design parameters required to obtain approval from regulatory agencies and prepare and submit                  required permit applications on behalf of the Owner.

   D.    Review each damaged facility for 406 Mitigation opportunities and provide cost effective options for                    repair that will improve the facilities’ future climate resiliency including a written description of how the                proposal will mitigate potential future damage.

   E.   Provide subcontracted services as requested by the Owner for services that are not directly provided by               the respondent that include but are not limited to: the preparation of Topographic Surveys, Geotechnical             and Subsurface Investigations and analysis, Hydraulic and Hydrologic Analysis and Modeling,                               Environmental Impact Assessments, Site Surveys and Construction Limits, Tree Surveys or other technical             studies that may be required to determine cause of damage or to develop repair scopes.

   F.   Utilize the data collected above to develop preliminary repair designs that comply with permit                              requirements, regulatory guidelines, and the FEMA PA project grant.

Construction Phase Services and Deliverables

1. Develop plans and specifications for bidding purposes that incorporate the permit and FEMA PA program regulatory requirements.
2. Obtain all required permits from local authorities having jurisdiction on behalf of the Owner in accordance with the regulatory requirements that govern each damage site.
3. Develop erosion and sediment control and stormwater management plan to address runoff and protect water quality during and after construction if required.
4. Provide Public notice of the project as required by federal state and local regulations.
5. Engage with local stakeholders to address concerns about projects
6. Conduct project inspections at the request of the owner including, but not limited to, oversight of contractors to expedite their work, and maintain quality control, maintain a project log, and ensure conformance to the Contract Documents
7. Provide all necessary personnel and expertise required for the administration of contracts, negotiation of change orders and resolution of disputes and delays.
8. Coordination of activities of utility companies and regulatory agencies, including electrical, telephone, internet data, natural gas, etc.
9. Conduct Contractor Coordination Meetings at regular intervals keep and distribute accurate minutes of meetings.
10. Establish, maintain, and utilize a cost control system for all construction; keep records in a form readily usable by the project team; make recommendations to Owner on a weekly
11. Review and approve contractor payment
12. Prepare a monthly progress report for the Owner and Town Board or
13. Prepare and maintain a current master record copy of drawings showing all changes to the contract drawings.
14. Deliver to Owner all records, documents, and other items pertinent to the project and complete final contractor close-out activities.

2.2 Rights Reserved

The Owner reserves the right to directly obtain subcontracted or additional services that may be identified, related to, or described within this Request for Proposals.

PART 3 – INSTRUCTIONS TO PROPOSERS

3.1      Preparation of Proposals

1. The proposer is expected to comply with all instructions contained in this
2. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of this RFQ. Emphasis should be on completeness, clarity of content and relevance to the type of projects described in this RFQ.
3. Owner will not be responsible for any costs incurred by Engineer in preparing or presenting proposals.
4. Proposals are to be organized in order of content requested in Section 4 of this

3.2       Conditions

The selected Engineer / Engineering Design firm will be required to submit a Certificate of Insurance for all insurances held by the company for services consistent with the minimum requirements as determined by Owner.

1. The Engineer / Engineering Design firm shall hold harmless and indemnify Owner, Owner’s employees and consultants and other design consultants against all claims, suits, actions, costs, council fees, expenses, damages and/or judgment in decrees by reason of persons or property being damaged or injured by the Engineering Design firm or any of the Engineering Design firm’s employees/subcontractors in any capacity during the progress of the work, whether by negligence or otherwise.
2. The successful proposer for Engineering Design Services may not bid on the construction work for this project or any other services in which the proposer participated in the development of bid specifications for any request for professional services.
3. Any Proposal where the contractor is found to be on the Excluded Parties List System or (federal or state debarred list) will be rejected. www.epls.gov

3.3 Grant Funding Conditions

This solicitation is either fully or partially Grant funded. Proposers shall comply with the clauses as enumerated in Attachment A & B. In addition, Attachment B shall be executed and returned with all submittals.

3.4    Submission of Proposal

1. The Proposer shall furnish one electronic copy via email and an optional paper copy in the following manner:

    1.    Proposals shall be delivered via email to the Town Clerk no later than: March 19, 2025 at 12:00 noon

          The subject line will be labeled with the company name and include the words Engineering Services                      Proposal

2.  An optional complete paper copy of the Proposal, with original signature, may be mailed to:

Town of Troupsburg

PO Box 117

Troupsburg, NY 14885

 

   B.   Late Proposal, Modification, or Withdrawal

1. 1. Proposals received after 12 Noon local time on March 19, 2025, will be considered at the discretion of the owner
   2. Proposals may be modified or withdrawn by written notice received prior to deadline for receipt of proposals.

PART 4 – PROPOSAL CONTENTS

4.1   Letter of Interest (1 page)

1. 1. Provide the legal name of the company and the Employee Identification Number, location of corporate headquarters and local offices, names, phone numbers and email addresses of a primary contact person and an alternate to be available by phone during business hours.
   2. The date the firm can assign personnel and begin providing professional service.
      1.  

  4.2   Company Information (1-3 pages)      

1. 1.    Please list the menu of services provided directly by the firm. If the firm subcontracts some of the      services listed within this RFQ, please provide a list of subcontracted services, and include the name    of each potential subcontractor and corresponding services that may be provided by each                  subcontractor.
   2.   Organizational Chart of the company, showing lines of authority, structure, and depth of resources

 4.3    References (1 page)

1. 1. Provide a minimum of three related references with current contact information including at minimum name, title, phone number and email.
   2. Include a brief description of the type of work provided to each client/reference, dollar value of projects and dates of completion

4.3   Project Team (2-4 Pages)

1. Provide brief biographies of the Management Team/Owners of the Firm.

     B. If different from the individuals listed in A. above, specifically identify the licensed professional engineer             and specific field or office staff that will be assigned to this contract, including their contact information               and biographies or resumes along with a brief description of their role in providing service under this                  contract.

    C.  Identify any members of the primary Project Team that are subcontractors, include a description of services that will be provided by this subcontractor and include their specific expertise as it relates to this type of project.

  4.4    Approach and Methodology (2-4 pages)

• 1. Provide a description of the firm’s approach to repairing stream culverts including the need for specific studies/surveys, regulatory reviews for permit requirements, preparation of permit applications, development of repair and design options, the inclusion of design elements that enhance climate resiliency and the order of operations for each step of the project development process.
  2. Describe your internal management plan as it pertains to the allocation of staff resources and subcontractors for the collection of data, damage site inspections, development of preliminary designs and creation of preliminary cost estimates for repair at each
  3. Describe how subcontractors will be managed (if applicable)
  4. Describe your billing and invoicing system and include a sample invoice that demonstrates the level of detail provided within each invoice that describes the work that was done, the personnel and time spent completing each task.

   4.5   Fee Proposal (1 page)

     All firms responding must provide their fee arrangements in the three following components:

1. Hourly rate charged for each staff member anticipated to complete tasks described within this contract and with corresponding staff title
2. Reimbursable Expenses, i.e., travel, per-dem, lodging, mileage, copying, overhead, management and oversight etc.
3. Management fee associated with oversight of subcontractors
4. Construction monitoring rates both hourly and daily
5. The hourly or daily rates for any other expenses that may be charged for the services requested or that may be required and necessary

4.6 Signed Attachment B (3 pages)

PART 5 – EVALUATION PROCEDURES AND CRITERIA

Proposals will be evaluated by a committee selected by the Owner and based on the following Evaluation Criteria. Each proposal will be evaluated both objectively and as compared to the other responses. Owner reserves the right to disqualify any proposal that does not meet the essential requirements of the RFQ.

Competitive proposals will be professionally prepared and provide concise and direct responses customized to this RFQ. Proposals that contain; extra pages that do not provide directly requested substantive information, multiple biographical pages for staff that will not be directly involved with providing services under this contract, or thick color or bound proposal packages will not be given more consideration over concise, directly responsive, non-color proposals.

Following receipt of information from all interested people and firms, the Selection Committee may, at its discretion, employ a “short listing” process to narrow the field of Proposers for further consideration. The Selection Committee may or may not hold interviews or phone conversations with these proposers as part of the selection process.

 

Given the time constraints set forth by funders and the accelerated nature of the selection process we request that the primary contact person or a member of the proposed team be available by phone during business hours, in the event the Selection Committee has questions.

 

5.1      Evaluation Criteria

1. 20% Completeness, clarity, and conciseness of proposal.
2. 30% Depth of experience and references and demonstrated ability to directly perform or obtain the services outlined in this RFQ. The designated project team’s experience related to design and regulatory compliance of storm water infrastructure projects.
3. 30% Description of approach and methodology, anticipated schedule and availability of staff resources and specific order of the project development and invoice process.
4. 20% Fee Proposal

 

ATTACHMENT A

Grant Funding Conditions

This solicitation is either fully or partially Grant funded. Bidders shall comply with the clauses as enumerated below. In addition, Attachment B shall be executed and returned with all submittals. Bidders may be deemed non-responsive for non-compliance and failure to submit Attachment B.

1. Drug Free Workplace Requirements (See Attachment B): Drug-free workplace requirements in accordance with Drug Free Workplace Act of 1988 (Pub l 100-690, Title V, Subtitle D) All contractors entering into Federal funded contracts over $100,000 must comply with FederalDrug Free workplace requirements as Drug Free Workplace Act of 1988.
2. Contractor Compliance: The contractor shall comply with all uniform administrative requirements, cost principles, and audit requirements for federal awards.
3. Conflict of Interest: The contractor must disclose in writing any potential conflict of interest to the Client or pass-through entity in accordance with applicable Federal policy.
4. Mandatory Disclosures: The contractor must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal
5. Utilization of Minority and Women Firms (M/WBE) (Attachment B): The contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Prior to contract award, the contractorshall document efforts (see Attachment B) to utilize M/WBE firms including what firms were solicited as suppliers and/or subcontractors as applicable and submit this information with their bid submittal. Please see information requested in Attachment B
6. Equal Employment Opportunity: (As per Executive Order 11246) The contractor may not discriminate against any employee or applicant for employment because of age, race, color, creed, sex, disability, or national origin. The contractor agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their age, race, color, creed, sex, disability, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship.
7. Davis-Bacon Act: If applicable to this contract, the contractor agrees to comply with all provisions of the Davis Bacon Act as amended (40 U.S.C. 3141-3148). Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If the grant award contains Davis Bacon provisions, the Client will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation document. The decision to award a contract shall be conditioned upon the acceptance of the wage determination.
8. Copeland Anti Kick Back Act: Contractors shall comply with all the requirements of 29 CFR Part 3 which are incorporated by reference to this contract. Contractors are prohibited from inducing by any means any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he or she is otherwise entitled.
9. Contract Work Hours and Safety Standards Act (40 S.C. 3701–3708): Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor is required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies, materials, or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
10. Clean Air Act (42 S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387): as amended—The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
11. Debarment and Suspension (See Attachment B) (Executive Orders 12549 and 12689): A contract award (see 2 CFR 220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p.189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The bidder shall certify compliance as per Attachment B

12. Byrd Anti-Lobbying Amendment (See attachment B) (31 U.S.C. 1352): Contractors that apply or bid for an award exceeding $100,000 must 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 31 S.C. 1352. Each tier must 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 non-Federal award. The bidder shall certify compliance as per Attachment B

 

13. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency

 

14. Prohibition on utilization of cost plus a percentage of cost contracts: The Client will not award contracts containing Federal funding on a cost-plus percentage of cost basis.
15. Prohibition on utilization of time and material type contracts: The Owner will not award contracts based on a time and material basis if the contract contains Federalfunding.

 

ATTACHMENT B

CERTIFICATIONS REGARDING LOBBYING DRUG-FREE WORKPLACE

AND REQUIREMENTS DEPARMENT, SUSPENSION OTHER

RESPONSIBILITY MATTERS and UTILIZATION OF DISADVANTAGED FIRMS (M/WBE)

 

This solicitation requires execution of this form which affirms compliance with certification requirements under 10 CFR Part 601 “New Restrictions on Lobbying, 10 CFR Part 607 “Government wide Requirements for Drug-Free Workplace (Grants) and 10 CFR Part 606 “Government Debarment and Suspension

 

1. LOBBYING

The undersigned certifies, to the best of his or her 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 any 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, and 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.

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, 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.

2. DRUG FREE WORKPLACE CERTIFICATION

The vendor agrees to comply with regulations set forth in accordance with the Drug-Free Workplace Act of 1988 (Pub.L.100-690, Title V, Subtitle D) and is implemented through additions to the Debarment and Suspension regulations, published in the Federal Register on January 31, 1989, and May 25, 1990. Furthermore,

 

1. The vendor certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the
2. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected

 

3. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
   1. The prospective lower-tier participant certifies to the best of its knowledge and belief that it and its principles:

 

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery; falsification or destruction of records, making false statements, or receiving stolen property.
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or

 

     2.  Where the prospective primary participant is unable to certify to any of the statements in this certification,  such prospective participant shall attach an explanation to this

 

4. DBE GOOD FAITH EFFORTS

The bidder agrees to take all necessary affirmative steps to assure that minority businesses, woman- owned business enterprises and labor surplus firms are used when possible and agrees to provide documentation of these efforts if selected as the successful bidder.

SIGNATURE

As the duly authorized representative of the company, please accept this proposal for engineering services to the Town of Troupsburg, NY.   I hereby certify that the company will comply with the above certifications.

Company Name:

Printed Name and Title of Authorized Representative:

 

 

 

Signature                                                                                           Date