RFPs

RFPs

Scope

Request for Qualifications (RFQ) for Architectural and Engineering Services

MILLE LACS BAND OF OJIBWE

MILLE LACS CORPORATE VENTURES

Request for Qualifications (RFQ) for Architectural and Engineering Services

RFP 2022-11-01
The Mille Lacs Band of Ojibwe has been awarded a grant from the U.S. Department of Commerce Economic
Development Administration (EDA) to renovate two existing building into business incubators.

Mille Lacs Corporate Ventures (MLCV) is a political subdivision and tribal corporation owned by the Mille
Lacs Band of Ojibwe. MLCV has been in existence since 1991 and its mission is to improve the quality of life
of Mille Lacs Band members, those in East Central Minnesota and the communities in which we do business.
MLCV is guided by Title 16 of Mille Lacs Band Law, which designates MLCV to benefit members of the tribe
through engagement in business and economic development endeavors.

MLCV will administer the execute the terms of the EDA grant and will serve as the primary point of contact
and grant administrator throughout this project.

The Mille Lacs Band of Ojibwe and MLCV are seeking to contract with a qualified architectural and
engineering firm to prepare all preliminary and final design plans, specifications, bid, and construction documents
and to conduct all necessary interim and final inspections. These services shall be performed in accordance with
all local, State, and Federal laws, regulations, and executive orders applicable to this grant program.

The complete submittal, consisting of one original and two physical copies, must be in a sealed package, clearly
marked RFP 2022-11-01, and delivered to Attn: Beth Gruber, 700 Grand Avenue, Onamia, MN 56359, by
no later than 4:00 pm (CST), December 16, 2022. Submittals received after this deadline will not be
considered.

The Mille Lacs Band of Ojibwe and MLCV reserve the right to negotiate with any and all individuals or firms
that submit proposals.

Request for Qualifications (RFQ) for Architectural and Engineering Services

The Mille Lacs Band of Ojibwe and MLCV are seeking to enter an architectural and engineering services
contract. The following outlines this request for qualifications.

I. Project Description – The project consists of renovating two building into business incubators.

Location #1 - Onamia
The Onamia building sits on a 3,250 square-foot site developed with an approximately 4,650 squarefoot
commercial building (2,325 square-foot main floor plus 2,325 square-foot basement). The project
is confined to the footprint of the existing building.

  • New roof system - EPDM Rubber, insulation, flashing & new parapet cap
  • New aluminum framed windows
  • New aluminum storefronts
  • Add ramp to provide an accessible entrance to the building
  • Remove mansards from all exterior walls & add new canopies
  • Install new exterior LP Smart Siding
  • Upgrade exterior lighting
  • Remove drive through window & canopy Interior Improvements
  • Testing and abatement for all HAZMAT (e.g., asbestos, lead paint, etc.)
  • Demolition of concrete vault on main level.
  • Review structure for any damage from water infiltration
  • Remove interior paneling, insulate, and install new drywall on all exterior walls
  • Update electrical & plumbing while walls are open
  • Install new LVT flooring throughout the 1st floor
  • Install new acoustical ceilings
  • Install LED lighting & wall outlets
  • Remove horseshoe staircase
  • Remove steam boiler, associated piping & fin tube radiation
  • Refresh (1) basement restroom to meet current code
  • Remove 2nd basement restroom
  • Add 1st floor handicapped accessible restroom
  • Remove safe door
  • Add interior walls for 2 offices on 1st level, remainder space left open for retail space
  • Solar Array System

Location #2 – Hinckley
The Hinckley project area is a 2.35-acre site developed with two commercial buildings connected via a
covered walkway. The Mill Place building, on the east side of the property, is roughly 780 square feet
with a second story mezzanine, totaling roughly 1,212 square feet. The Mill Place building is
connected to an approximately 18,000 square-foot two-story commercial retail building. For the
purposes of this application, the entirety of the site is considered one renovation project.

Hinckley Mill Site (1,212 sq. ft. building)

  • Replace siding
  • Replace roofing with steel
  • Rework arched walkway over river to provide an accessible route to the building
  • Replace front doors to upgrade security & to provide accessible hardware
  • Upgrade bathroom to provide handicap accessibility
  • Replace water heater & furnace
  • Replace portions of the wood flooring or refinish floor as needed
  • Remove existing casework / add new casework depending on tenant needs
  • Paint interior walls
    Hinckley Retail Site (18,000 sq. ft. building)
  • Replace roofing with steel
  • Replace siding
  • Insulation upgraded
  • New Flooring throughout
  • New Acoustical Ceilings
  • Glass Partition Walls
  • Refresh existing bathroom fixtures & materials
  • New paint and finishes
  • Adding new casework to offices and board rooms
  • Elevator to access 2nd floor
  • HVAC & Electrical updates to building for remodeled spaces
  • Solar Array System

II. Scope of Work

  • All architectural and engineering services shall be performed in compliance with all local, State, and Federal laws, regulations, and executive orders as applicable and required by the U.S. Department of Commerce EDA grant provisions.
  • Perform initial surveys, soil investigations, etc. as needed for design
  • Prepare Preliminary and final design plans and specifications
  • Prepare bid and final contract documents and receive approvals as applicable
  • Coordinate bid process and contract award
  • Assure construction contract compliance with the EDA grant requirements
  • Review and approve Change Orders
  • Administer Construction oversight
  • Conduct all field testing and inspections (interim and final)
  • Prepare record drawings and provide in digital format
  • Other special architectural and engineering services as required to complete the project
    Please specify actual tasks to be performed under each of these categories in your response.

III. Technical Expertise
The Mille Lacs Band of Ojibwe and MLCV are seeking to contract with a competent architectural and
engineering firm, registered to practice in the State of Minnesota. It is anticipated that the successful
firm will have extensive knowledge and expertise in the following areas:

  • Federally funded construction projects; and
  • Municipal projects located in this general region of the state
  • Project construction management experience

IV. Selection Process
This RFQ provides information necessary to prepare and submit a Statement of Qualifications (SOQ)
for consideration and ranking by the Mille Lacs Band of Ojibwe and MLCV using the point system
described below. The evaluation committee will rank the firms in order of the most qualified, based on
demonstrated competence and qualifications to perform the services and then make a determination as
to whether or not an informal meeting will be required of the top‐ranking firms. Upon authorization,
the highest ranked firm will be asked to submit a fee proposal to begin contract negotiations for a fair
and reasonable price. The fee for basic services will be either fixed price or a cost reimbursement with
an agreed maximum. The use of the cost-plus-a- percentage-of-cost and percentage of construction
costs forms of compensation are specifically prohibited. Attached for reference, as Attachment A, is the
EDA A/E Contract checklist, indicated the minimum requirements for the Professional Services
Agreement that will result from this RFQ.

By submitting its SOQ in response to this RFQ, respondent accepts the evaluation process as outlined in
the SOQ Requirements and Evaluation section which follows.

Criteria----------------------------Max. Points

General Qualifications and availability---10
Proposed staff------------------------20
Project Experience---------------------50
Project Approach / Performance--------20
Total 100

V. Statement of Qualifications Requirements
Respondents shall carefully read the information in the following evaluation criteria and submit a
complete SOQ to all questions in this RFQ as formatted below:

Item 1: General Qualifications and Availability 10 pts

  • Provide the following information:
  • Legal name of firm
  • Location of Office that will be conducting the work
  • Contact Persons
  • Date of firm formation
  • Legal business description (Individual, Partnership, Corporation, Joint Venture, etc.)
  1. Provide a summary of any litigation, claim(s), or contract disputes filed by or against the firm in the past five (5) years which is related to the services that the firm provides in the regular course of business.
  • A copy of your current certificate of insurance for professional liability.
  • A statement of conflicts (if any) the proposing entity or key employees may have regarding these services. The statement should include conflicts, as well as any working relationships that may be perceived by disinterested parties as a conflict. If no potential conflicts of interests are identified, please state so.
  • System for Award Management. The Consultant/Firm must not be debarred or suspended from the Excluded Parties List System (EPLS) in the System for Award Management (SAM) and must have an active registration with the System for Award Management (www.SAM.gov). Include verification that your company is registered, and that the company’s principal is not listed (is not debarred) through the System for Award Management (www.SAM.gov). Enclose a printout of the search results that includes the record date.
  • Certification Regarding Lobbying, enclosed in Attachment B. Certification for Contracts, Grants, Loans, and Cooperative Agreements is included in the RFP and must be submitted with the response.
  • Required Contract Provisions. Applicable provisions enclosed in Attachment C must be included in all contracts executed as a result of this RFQ.
  1. Provide a statement on the availability and commitment of the firm, its principal(s) and assigned
    professionals to undertake the project, reporting responsibilities and how the firm will interface
    with the Mille Lacs Band of Ojibwe and MLCV staff. Regular weekly, biweekly or monthly
    project meetings will be required, depending upon the project.

  2. Provide a statement of interest for the project including a narrative describing the benefits that the
    Mille Lacs Band of Ojibwe and MLCV will realize in selecting the Respondent’s firm or team,
    including the firm’s specific expertise and unique qualifications, capabilities, specialized
    experience, best practices or other factors that distinguish the Respondent from other Respondents.

Item 2: Proposed Staff 20 pts

  • Organizational chart for personnel (including any sub‐consultants) who are to work on this project including licensure information.
  • Names and roles of key personnel proposed to work on this project and their office locations.
  • Include resumes for all key personnel and indicate any individuals who have had previous experience on similar projects.
  • Provide staffing size by areas of expertise.
  • Provide staff availability to perform services.

Item 3: Project Experience 50 pts

Set forth your experience and qualifications as they relate to the proposed project in terms of technical
scope, tasks involved, deliverable products, and other elements of the work, as they relate to the
evaluation criteria and all requirements of this RFQ including the following:

  1. Provide an overview and brief history of the firm.
  2. Provide verifiable examples of similar projects completed within the last ten (10) years by the firm,
  3. including:
  • Project name and location
  • Services provided
  • Date of completion or project status
  • Final construction costs
  • Client name and contact person
  • History of meeting project schedules and budget
  • Detail cost savings or cost increases.
  • Note the funding source and particular grant program is applicable

Item 4: Project Approach/Performance 20 pts

  1. Explain how the team will assess and design the project(s).
  2. Provide an example of a typical project schedule.
  3. Provide a minimum of three (3) references or reference statements with contact information for verification.

VI. Contracting with small and minority businesses, women's business enterprises, and labor surplus
area firms.

Small and minority businesses, women's business enterprises, and labor surplus area firms are
encouraged to participate in this RFQ. If the awarded firm (prime consultant) uses any subcontractors
or subconsultants, the following affirmative steps are required of the prime consultant:

  1. Placing qualified small and minority businesses and women's business enterprises on solicitation
    lists;
  2. Assuring that small and minority businesses, and women's business enterprises are solicited
    whenever they are potential sources;
  3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
    permit maximum participation by small and minority businesses, and women's business
    enterprises;
  4. Establishing delivery schedules, where the requirement permits, which encourage participation
    by small and minority businesses, and women's business enterprises;
  5. Using the services and assistance, as appropriate, of such organizations as the Small Business
    Administration and the Minority Business Development Agency of the Department of
    Commerce.

VII. Deadline for Submission
The complete submittal, consisting of one original and two physical copies, must be in a sealed
package, clearly marked RFP 2022-11-01, and delivered to Attn: Beth Gruber, 700 Grand
Avenue, Onamia, MN 56359, by no later than 4:00 pm (CST), December 15, 2022.
Submittals received after this deadline will not be considered.

ECONOMIC DEVELOPMENT ADMINISTRATION
ARCHITECT/ENGINEER CONTRACT CHECKLIST
EDA Award Number: Date:
Recipient:
Co-Recipient(s):
Recipient’s Authorized Representative:

  1. The Recipient’s Architect/Engineer (A/E) contract is in compliance with the
    Recipient’s written procurement procedures. The firm was selected in
    accordance with the procurement standards set forth in 2 CFR Part 200, and
    according to the EDA publication “Summary of EDA Construction Standards.”

  2. The A/E was selected competitively by sealed bids (formal advertising) or by
    competitive proposals. If not, attach an explanation of the selection method and
    the reason(s) for using that method.

  3. Requests for qualifications were publicized and all evaluation factors and their
    relative importance were identified therein. Any response to publicized requests
    for qualifications was honored to the maximum extent practical.

  4. Qualifications were solicited from an adequate number of qualified sources
    (normally it is sufficient to secure at least three proposals from qualified sources.)
    If less than 3 qualified proposals were secured, submit an explanation to the EDA
    Engineer with this checklist.

  5. The Recipient has an objective method for conducting technical evaluations of
    proposals received, selecting the best proposal, and consideration of other factors.

  6. The Recipient determined the responsible firm whose proposal was most
    advantageous to the program, with other factors considered. Competitor's
    qualifications were evaluated and the most qualified competitor was selected,
    subject to negotiation of fair and reasonable compensation.

  7. The A/E agreement provides for all services required by the Recipient for the
    planning, design, and construction phase of the proposed project. Appropriate
    standards or guides developed by such professional organizations as the American
    Consulting Engineers Council (ACEC), American Society of Civil Engineers
    (ASCE), National Society of Professional Engineers (NSPE), and/or the American
    Institute of Architects (AIA) may be used where the Recipient does not have
    standard contract documents.

  8. The A/E’s fee for basic services is either a fixed price or a cost reimbursement with
    an agreed maximum. (The amount of EDA participation will be based on a
    determination, subject to audit, that the fee compensation is reasonable.)

  9. The A/E contract compensation is not based on the use of the cost-plus-apercentage-
    of- cost or percentage of construction cost form of compensation.
    (These forms of compensation are not eligible for EDA participation.)

  10. The A/E has provided a breakdown of the fee and it has been reviewed to be
    reasonable.

  11. The A/E provided fee breakdown provides that compensation is based on
    completion of specific milestones. (Preliminary design, final design, construction
    management, etc.)

  12. The A/E's fee covers all services necessary for the successful execution of the
    project, including consultations, surveys, soil investigations, supervision, "as- built"
    drawings, arrow diagram (CPM/PERT, for example) where applicable, and
    incidental costs.

  13. The basic fee does not exceed that prevailing for comparable services in the project
    area. If the total fee is in excess of the prevailing rate because of special services to
    be performed, these services are identified in the agreement. Such additional charges
    may be approved for funding under the EDA grants if they:
    a. Do not duplicate charges for services provided for in the basic fee;
    b. Are a proper charge against the project cost; and
    c. Are reasonable for the extra services to be rendered.

  14. Regardless of who furnishes the construction inspector, the agreement requires
    the A/E to make sufficient visits to the project site to determine, in general, if
    the work is proceeding in accordance with the construction contract.

  15. The required federal contract provisions included (Refer to Appendix II to 2 CFR
    Part 200 - Contract Provisions for Non-Federal Entity Contracts under Federal
    Awards.)

  16. The A/E Agreement states a specific timetable for:
    a. Completing preliminary plans and associated cost estimates;
    b. Completing final plans, specifications, and cost estimates;
    c. Securing required State and local approvals; and
    d. Completing proposed contract documents sufficient for soliciting bids.

  17. The A/E agreement provides for surveillance of project construction to assure
    compliance with plans, specifications, and all other contract documents. If the
    Recipient chooses the A/E as the project inspector, the requirements for inspection
    services shall be clearly defined and the amount the Recipient is required to pay for
    such services shall be stated.

  18. The A/E agrees to be responsible for any damages arising from any defects in design
    or negligence in the performance of the construction inspector, if the inspector is
    furnished by the A/E. (EDA recommends that the A/E take insurance, when
    available, to cover liability for such damages.)

  19. The A/E agrees to supervise any required subsurface explorations such as borings
    and soil tests to determine amounts of rock excavation or foundation conditions,
    no matter whether they are performed by the A/E or by others paid by the
    Recipient.

  20. The A/E agrees to attend bid openings, prepare and submit tabulation of bids, and
    make a recommendation as to contract award.

  21. The A/E agrees to review proof of bidder's qualifications and recommend approval
    or disapproval.

  22. The Recipient has checked the website www.SAM.gov and has verified that the A/E
    does not appear on the Excluded Parties List.

  23. For contracts over $100,000, an executed copy of the Certification Regarding
    Lobbying has been submitted from the contractor as required by Section 1352,
    Title 31, of the U.S. Code.

  24. The A/E agrees to submit a report not less frequently than quarterly to the Recipient
    covering the general progress of the job and describing any problems or factors
    contributing to delay.

  25. The executed A/E Contract has been reviewed by the Recipient’s Attorney.

The company/firm name and address of the Architect/Engineer is:

If the Architect/Engineer will not be performing project inspection services, the firm
name and address that will provide inspection services is listed below and was selected
in accordance with the procurement standards set forth in 2 CFR Part 200; or the inhouse
employee name and department conducting construction inspection services is
listed below:
The contract price for basic A/E services is $
The contract price for other/extra A/E services is $
The estimate for reimbursable expenses is (if applicable) $
The contract price for inspection services is $

Prepared By (Name & Title)

Prepared By (Signature) Date

Certification for Contracts, Grants, Loans, and Cooperative Agreements

(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, 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 of Lobbying Activities,'' 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 $10,00 0 and not more than $100,000 for each such failure.
If any 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 commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying
Activities,'' in accordance with its instructions. Submission of this statement 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 statement shall be subjec t to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.

APPLICANT'S ORGANIZATION:

SIGNATURE:

DATE:

PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

Suffix:

Middle Name:

Title:

First Name:

Last Name:

Prefix:

CERTIFICATION REGARDING LOBBYING

Title 2 - Grants and Agreements

Subtitle A - Office of Management and Budget Guidance for Grants and Agreements

Chapter II - Office of Management and Budget Guidance

Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

Source: 85 FR 49543, Aug. 13, 2020, unless otherwise noted.
Source: 85 FR 49539, Aug. 13, 2020, unless otherwise noted.
Authority: 31 U.S.C. 503
Source: 78 FR 78608, Dec. 26, 2013, unless otherwise noted.

Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-
Federal entity under the Federal award must contain provisions covering the following, as applicable.
This content is from the eCFR and is authoritative but unofficial.

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-
Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
“Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment
Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all
prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the
statute, contractors must be 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. The non-Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the Copeland
“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be
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. The non-
Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or
laborers must include a provision for compliance 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 must
be required to compute the wages of every mechanic and laborer on the basis of 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 or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.

(F) 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.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),
as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that
requires the non-Federal award to agree 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).

(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220)
must not be made to parties listed on the governmentwide 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.

(I) Byrd Anti-Lobbying Amendment (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 U.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.

(J) See § 200.323.

(K) See § 200.216.

(L) See § 200.322.