A26-0905 CATIONIC POLYMER FOR WASTE WATER TREATMENT AND DISPOSAL DIVIS

INVITATION TO BID - ANNUAL CONTRACT
SEALED BIDS will be received by the PURCHASING DIVISION of the CITY OF BATON ROUGE, EAST
BATON ROUGE PARISH until 11:00 am CST, October 14, 2026 at the location shown below.
TITLE: A26-0905 Cationic Polymer for RETURN BID TO:
Waste Water Treatment and PURCHASING DIVISION
Disposal Division
Mailing Address: Physical Address:
PO Box 1471 222 St. Louis Street
Baton Rouge, LA 70821 8th Floor Room 826
Baton Rouge, LA 70802
FILE NO: 26-00905
**NOTE: U.S. Postal Regular & Expedited Mail do not deliver
AD DATES: 08/21/26 & 08/28/26 to our physical address; delays may occur due to City
Parish Mailroom processing
SHIP TO ADDRESS: Various Locations in EBR Contact Regarding Inquiries:
Parish (See Attached) Purchasing Analyst : Dexter Stewart
Telephone Number: 225-389-3259 x 3271
Email: dsstewartk@brla.gov
VENDOR NAME MAILING ADDRESS
REMIT TO ADDRESS CITY, STATE, ZIP
TELEPHONE NO. FAX NO. E-MAIL
FEDERAL TAX ID OR SOCIAL SECURITY NUMBER TITLE
AUTHORIZED SIGNATURE (Required) PRINTED NAME
TO BE COMPLETED BY VENDOR: CONTRACTORS LICENSE IF APPLICABLE
1. _________STATE DELIVERY DAYS MAXIMUM AFTER RECEIPT OF ORDER.
2. _________% discount for payment made within 30 days. Discount for payment made in less than
30 days, or less than 1%, or applicable to an indefinite quantity contract will be accepted but not
an award consideration.
Bidders should acknowledge all addenda and the date received.
The Bidder acknowledges receipt of the following issued ADDENDA
No. Date: No. Date: No. Date: No. Date:
No. Date: No. Date: No. Date: No. Date:
F.O.B.: DESTINATION - PAYMENT TERMS: NET 30
ALL BLANKS ON THIS PAGE SHOULD BE COMPLETED TO AVOID REJECTION OF BID
The signature on this document certifies that proposer has carefully examined the instructions to bidders,
terms and specifications applicable to, and made a part of this solicitation. By submission of this document,
proposer further certifies that the prices shown are in full compliance with the conditions, terms and
specifications of this solicitation. Bid must be signed in the designated space above and by person authorized
to sign for bidder.
No alterations, changes or additions are allowed on this solicitation, and no additional information,
clarifications or other documents are to be included unless specifically required by the specification. Any
errors in extensions of prices will be resolved in favor of unit prices submitted.
If services are to be performed in East Baton Rouge City-Parish, evidence of a current occupational license
and/or permit issued by the City-Parish shall be supplied by the successful vendor, if applicable.
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INSTRUCTIONS TO BIDDERS/TERMS & CONDITIONS FOR ANNUAL CONTRACTS
Bidders are urged to promptly review the requirements of these specification, terms and conditions
and submit questions for resolution as early as possible during the bid period. Questions or concerns
must be submitted in writing to the purchasing division during the bid period. Otherwise, this will be
construed as acceptance by the bidders that the intent of the specifications, terms and conditions are
clear and that competitive bids may be obtained as specified herein. Protests with regard to the
specification, terms and conditions documents will not be considered after bids are opened.
1. Read the entire bid, including all terms and conditions and specifications.
2. This proposal is to establish firm prices for materials supplies and services for the contract period shown.
Delivery shall be made or services provided as needed throughout the contract period, or as required by
the specification. Quantities, if shown, are estimated only. Smaller or larger quantities may be purchased
based upon the needs of the City-Parish. There is no guaranteed minimum quantity.
3. The contract shall be firm through the period indicated on the cover sheet. Upon agreement of both the
contractor and the City - Parish, the contract may be extended a second or a third year or other
shortened specified time periods. Extension of the contract into the second or third time periods shall
be made by letter on or before the expiration of the contract. Extension is only possible if all prices and
conditions remain the same.
4. Proposals are mailed only as a courtesy. The City - Parish does not assume responsibility for failure of
bidders to receive proposals. Bidders should rely only on advertisements in the local newspaper, and
should personally pick up proposals and specifications. Full information may be obtained, or any
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questions answered, by contacting the Purchasing Division, 222 Saint Louis Street, 8 Floor, Room
826, Baton Rouge, LA 70802 or by calling (225) 389-3259.
5. The contract title, bidder's name, address and bid opening date should be clearly printed or typed on the
outside of the bid envelope. Only one bid will be accepted from each bidder for the same job. Alternates
will not be accepted unless specifically requested in the proposal. Submission of more than one bid or
alternates not requested may be grounds for rejection of all bids by the bidder.
6. The method of delivery of bids is the responsibility of the bidder. All bids must be received by the
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Purchasing Division, 222 Saint Louis Street, 8 Floor, Room 826, Baton Rouge, LA 70802 on or before
the specified bid opening date and time. Late bids will not be considered under any circumstances. This is
a sealed bid, NO FAXED OR EMAILED BIDS WILL BE ACCEPTED
7. Failure to deliver within the time specified in the bid will constitute a default and may cause
cancellation of the contract. Where the city has determined the contractor to be in default, the city
reserves right to purchase any or all products or services covered by the contract on the open market
and to charge the contractor with cost in excess of the contract price. Until such assessed charges have
been paid, no subsequent bid from the defaulting contractor will be considered.
8. Except for bids submitted through the www.centralbidding.com on-line bidding site, bids shall be
accepted only on proposal forms furnished by the City of Baton Rouge and Parish of East Baton Rouge
Purchasing Division. The City - Parish will only accept bids from those bidders in whose names the
proposal forms and/or specifications were issued. Altered or incomplete proposals, or the use of
substitute forms or documents, shall render the bid non- responsive and subject to rejection. The
entire proposal package, including the specifications and copies of any addenda issued shall be
submitted to the Purchasing Division as the bid.
9. All proposals must be typed or written in ink. Any erasures, strikeover and/or changes to prices should be
initialed by the bidder. Failure to initial may be cause for rejection of the bid as non-responsive.
10. All proposals must be manually signed by a properly authorized party. Failure to do so shall cause the
bid to be rejected as non-responsive.
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11. Where one or more vendor's exact products or typical workmanship is designated as the level of quality
desired or equivalent, the Purchasing Division reserves the right to determine the acceptability of any
equivalent offered.
12. If bidding other than specified, sufficient information should be enclosed with the bid in order to
determine quality, suitability, and compliance with the specifications. Failure to comply with this
request may eliminate your bid from consideration. If requested, literature and/or specifications must be
submitted within five (5) days.
13. Written addenda issued prior to bid opening which modifies the proposal shall become a part of the
proposal for bid, and shall be incorporated within the purchase order and/or contract. Only a written
interpretation or correction by Addendum shall be binding. Bidders shall not rely upon any interpretation
or correction given by any other method.
14. For printing solicitations, artwork, dies and/or molds shall become the property of the City - Parish
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Government and must be returned to the Purchasing Division, 222 Saint Louis Street, 8 Floor, Room
826, Baton Rouge, LA 70802, upon completion of the order.
15. All applicable chemicals, herbicides, pesticides and hazardous materials must be registered for sale in
Louisiana by the Department of Agriculture, State of Louisiana, registered with the EPA and must
meet all requirements of Louisiana State Laws. Bidders should submit product label, material safety
data sheet and EPA registry number with bid or within five (5) days of request from purchasing office. This
information will be required on any subsequent deliveries if there is a change in chemical content or a
different product is being supplied. Failure to submit this data may be cause for the bid to be rejected or
the contract canceled.
16. Delivery of items must be made on time to City - Parish final destinations within East Baton Rouge
Parish. All freight charges shall be prepaid by vendor.
17. The City - Parish reserves the right to award items separately, grouped or on an all-or-none basis and to
reject any or all bids and waive any informalities.
18. The State of Louisiana Code of Governmental Ethics places restrictions on awarding contracts or
purchase orders to persons who are employed by any agency of the City - Parish Government, or
any business of which he or his spouse has more than a twenty-five percent (25%) interest. The
Code also prescribes other restrictions against conflict of interest and establishes guidelines to
assure that appropriate ethical standards are followed. If any question exists regarding potential
violation of the Code of Ethics, bidders should contact the Purchasing Division prior to submission of
the bid. Any violation of the Code of Ethics shall be grounds for disqualification of bid or cancellation
of contract.
19. All Prices bid shall remain in effect for a period of at least sixty (60) days. City - Parish purchases are
exempt from state and local taxes.
20. The City - Parish reserves the right to terminate this contract prior to the end of the contract period on
twenty-four (24) hours written notice for unsatisfactory performance. Termination under this paragraph
shall not relieve either party of any obligation or liability that may have occurred prior to the effective
date of termination.
21. In accordance with Louisiana Revised Statutes, a preference may be allowed for equivalent products
produced, manufactured or grown in Louisiana and/or firms doing business in the State of
Louisiana. Do you claim this preference if allowed?
YES NO . If this preference is claimed, attach substantiating information to the proposal to show
the basis for the claim.
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22. Right To Audit Clause: The Contractor shall permit the authorized representative of the City-Parish to
periodically inspect and audit all data and records of the Contractor relating to his performance under this
contract.
23. In accordance with the provisions of LA. R.S. 38:2212.9, in awarding contracts after August 15, 2010, any
public entity is authorized to reject the lowest bid from, or not award the contract to, a business in
which any individual with an ownership interest of five percent or more has been convicted of, or has
entered a plea of guilty or Nolo Contendere to any state felony crime or equivalent federal felony crime
committed in the solicitation or execution of a contract or bid awarded under the laws governing public
contracts under the provisions of Chapter 10 of this Title, professional, personal, consulting, and social
services procurement under the provisions of Chapter 16 of Title 39 of the Louisiana Revised Statutes of
1950, or the Louisiana Procurement Code under the provisions of Chapter 17 of Title 39 of the
Louisiana Revised Statutes of 1950.
24. In accordance with Louisiana Law (R.S. 12:262.1 and 12:1308.2), all corporations and limited liability
companies must be in good standing with the Louisiana Secretary of State at the time of execution of the
contract.
25. Terms and Conditions: This solicitation contains all terms and conditions with respect to the purchase of
the goods and/or services specified herein. Submittal of any contrary terms and conditions may cause
your bid to be rejected. By signing and submitting a bid, vendor agrees that contrary terms and
conditions which may be included in their bid are nullified; and agrees that this contract shall be
construed in accordance with this solicitation and governed by the laws of the State of Louisiana as
required by Louisiana Law.
26. Certification of no suspension or debarment. By signing and submitting any bid for $25,000 or more, the
bidder certifies that their company, any subcontractors, or principals are not suspended or debarred by the
general services administration (GSA) in "Audit Requirements In subpart F of the Office of Management
and Budget's uniform administrative requirements, cost principles, and audit requirements for federal
awards" (Formerly OMB circular a-133).
A list of parties who have been suspended or debarred can be viewed via the internet at
http://www.sam.gov.
27. Bid prices shall include delivery of all items F.O.B. destination or as otherwise provided. Bids containing
"Payment in Advance" or "C.O.D. requirements may be rejected. Payment is to be made within 30 days
after receipt of properly executed invoice or delivery, whichever is later.
28. Bidders may attend the bid opening, but no information or opinions concerning the ultimate contract
award will be given at the bid opening or during the evaluation process. Bids may be examined within
72 hours after bid opening. Information pertaining to completed files may be secured by visiting the
Purchasing Division during normal working hours. Written bid tabulations may be accessed at:
http://city.brla.gov/dept/purchase/bidresults.asp.
29. Contractor agrees, upon receipt of written notice of a claim of a claim or action, to defend the claim or
action, or take other appropriate measure, to indemnify, and hold harmless, the city, its agents and
employees from and against all claims and actions for bodily injury, death or property damages
caused by fault of the contractor, its officers, its agents, or its employees. Contractor is obligated to
indemnify only to the extent of the fault of the contractor, its officers, its agents, or its employees,
however the contractor shall have no obligation as set forth with respect to any claim or action from
bodily injury, death or property damages arising out of the fault of the City, its officers, its agents, or its
employees.
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30. Vendors submitting signed bids agree to EEOC compliance and certify that they agree to adhere to the
mandates dictated by Title VI and VII of the Civil Right Act of 1964, as amended by the Equal
Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as
amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education
Amendments of 1972, the Age Act of 1975, and agrees to abide by the requirements of the Americans
with Disabilities Act of 1990.
Bidders must agree to keep informed of and comply with all federal, state and local laws, ordinances and
regulations which affect their employees or prospective employees.
31. The City of Baton Rouge, Parish of East Baton Rouge launched a new Enterprise Resource Planning
(ERP) system, Vendor Self Service (VSS) via Munis. VSS replaced the legacy vendor database and will
be used by all departments and agencies citywide.
Vendor Self-Service (VSS) enables vendors to register and maintain information about their
organization for the purpose of doing business with City-Parish and receive notifications of
business opportunities. The City-Parish procurement activities are subject to the State of Louisiana
Public Bid Law, local city-parish ordinances as well as applicable federal statutes as directed by grant
providers. Vendors must be registered to receive bid notifications.
New vendors or existing vendors who need to create a VSS account can do so clicking the
Registration link at http://brla.gov/vss.
Vendors are encouraged to review the step by step
https://www.brla.gov/DocumentCenter/View/4899/Vendor-Self-Service-Registration-Guide-PDF before
beginning the registration process which may be assessed at
https://www.brla.gov/DocumentCenter/View/4899/Vendor-Self-Service-Registration-Guide-PDFide.
Additional information regarding how to do business with EBR City-Parish is available at:
https://www.brla.gov/DocumentCenter/View/678.
We also post our scheduled bid openings, as well as unofficial bid tabulations after the bids have
opened at http://city.brla.gov/dept/purchase/bids.asp.
Note: Commodity codes are required for setting up your profile. These numbers tell us what
commodities and services that you can provide. When agencies request products or services, our
buyers pull directly from these numbers to send out solicitations, bids, and quotes. The first 3 numbers
are the class numbers; the subclasses are two digit numbers that better describe the commodity or
service. For questions regarding commodity codes, please contact purchasing at (225) 389-3259 Ext 0.
Important! - A W-9 Form is required in order to do business with City-Parish. Part of the online
enrollment process requires you to upload a completed W-9 form. Please have the completed form in an
electronic format so that you can submit it as part of the registration process. The W-9 form can be
downloaded from the IRS website. We have created step by step directions on how to properly complete
the W-9 Form.
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FEDERAL CLAUSES, IF APPLICABLE.
1. Termination for Cause or Convenience; Suspension. CITY-PARISH may exercise any rights
available under Louisiana law to terminate for cause upon the failure of the CONTRACTOR to comply
with the terms and conditions of this AGREEMENT, provided that the CITY-PARISH shall give
contractor written notice specifying contractor's failure and thirty (30) days to cure the defect.
CITY-PARISH may terminate the AGREEMENT at its convenience at any time for any or no reason
by giving thirty (30) days written notice to CONTRACTOR.
Upon termination for cause or convenience, the CONTRACTOR shall be entitled to payment for
deliverables in progress through the date of termination, to the extent work has been performed in
accordance with the terms and/or conditions of this AGREEMENT or otherwise to the satisfaction of
CITY-PARISH, as well as reasonable termination and demobilization costs.
Should the CITY-PARISH find it necessary to suspend the work for lack of funding or other
circumstances beyond its control, this may be done by thirty (30) days written notice given by CITY-
PARISH to that effect. If the AGREEMENT is suspended for more than thirty (30) consecutive
calendar days, the CONTRACTOR shall be compensated for services performed prior to the notice of
suspension. In addition, when work under the AGREEMENT resumes, the CONTRACTOR's
compensation shall be equitably adjusted to provide for expenses incurred in the interruption and
resumption of the CONTRACTOR's services.
2. Remedies. If any work performed by the CONTRACTOR fails to meet the requirements of the
AGREEMENT, the CITY-PARISH may in its sole discretion:
a. elect to have the CONTRACTOR re-perform or cause to be re-performed at the
CONTRACTOR's sole expense, any of the work which failed to meet the requirements of the
AGREEMENT;
b. hire another sub consultant to perform the work and deduct any additional costs incurred by
CITY-PARISH as a result of substituting the Proposer from any amounts due to the
CONTRACTOR; or
c. Pursue and obtain any and all other available legal or equitable remedies.
3. Equal Employment Opportunity. During the performance of this contract, the CONTRACTOR agrees
as follows:
a. The CONTRACTOR will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The CONTRACTOR will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color, religion,
sex, sexual orientation, gender identity, or national origin. Such action shall include, but not
be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The CONTRACTOR agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on
behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
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c. The CONTRACTOR will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish
information.
d. The CONTRACTOR will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the CONTRACTOR's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
e. The CONTRACTOR will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. The CONTRACTOR will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
g. In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
h. The CONTRACTOR will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will
take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the administering agency, The
CONTRACTOR may request the United States to enter into such litigation to protect the interests of the
United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work: Provided, that
if the applicant so participating is a State or local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such government which does not participate
in work on or under the contract.
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The applicant agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for
the supervision of such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has
not demonstrated eligibility for, Government contracts and federally assisted construction contracts
pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the administering
agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency
may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant
(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory assurance of
future compliance has been received from such applicant; and refer the case to the Department of
Justice for appropriate legal proceedings.
4. Davis Bacon Act. When required by federal program legislation or local program policies all prime
construction contracts in excess of $2,000.00 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).
The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in accordance
with the Davis-Bacon Act (40 U.S.C. 3141-3148) as amended, with the provisions of Contract Work
Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276a-276a-5*, 40 USC
327 and 40 USC 276c) and all other applicable Federal, state and local laws and regulations
pertaining to labor standards in so far as those acts apply to the performance of this contract. 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 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. The CONTRACTOR shall maintain documentation which
demonstrates compliance with requirements of this part. Such documentation shall be made available
to the City-Parish for review upon request.
5. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). All
contracts awarded by the non-Federal entity in excess of $100,000.00 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). Any contractor or subcontractor
shall insert in any subcontracts the clauses set forth in paragraphs (b), (1) through (4) below along
with a clause requiring subcontractors to include these clauses in any lower tier subcontracts.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
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b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section the CONTRACTOR and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph
(b)(1) of this section.
c. Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal
agency or the loan or grant recipient) shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the CONTRACTOR or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
d. Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. 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 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.
6. 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 sub recipient 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 sub recipient 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.
7. Clean Water Act/ Federal Water Pollution Control Act. Contracts and sub grants of amounts in
excess of $150,000.00 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 Environmental
Protection Agency (EPA).
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The CONTRACTOR hereby agrees to adhere to the provisions, which require compliance with all
applicable standards, orders, or requirements issued under Section 508 of the Clean Water Act which
prohibits the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA
List of Violating Facilities.
a. The CONTRACTOR agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 7401 et
seq.
b. If this contract is funded by federal dollars, The CONTRACTOR agrees to report each
violation to the State and understands and agrees that the State will, in turn, report each
violation as required to assure notification to the CITY-PARISH, and the appropriate
Environmental Protection Agency Regional Office.
c. If this contract is funded by federal dollars, the CONTRACTOR agrees to include these
requirements in each subcontract exceeding $150,000 financed in whole or in part with
federal assistance.
8. Debarment & Suspension. A contract award must not be made to parties listed on the government
wide exclusions in the System for Award Management (SAM), in accordance with OMB guidelines at
2 C.F.R. 180. 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.
This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As
such, the CONTRACTOR is required to verify that none of the CONTRACTOR's principals (defined at
2 C.F.R. 180.995) or its affiliates (defined at 2 C.F.R. 180.905) are excluded (defined at 2 C.F.R.
180.940) or disqualified (defined at 2 C.F.R. 180.935).
The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C,
and must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into:
This certification is a material representation of fact relied upon by CITY-PARISH. If it is later
determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to CITY-PARISH, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
The CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The CONTRACTOR further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
The CONTRACTOR shall submit a Federal Debarment Certification to assure compliance with the
aforementioned regulation.
9.
Byrd Anti-Lobbying Act. Contractors that apply or bid for an award exceeding $100,000.00 must
file the required certification under the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
The CONTRACTOR will be expected to comply with Federal statutes required in the Anti-Lobbying
Act. Contractors who apply or bid for an award shall file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any Agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
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