PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS FACILITIES DEVELOPMENT & OPERATIONS DEPARTMENT CAPITAL IMPROVEMENTS DIVISION

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1 REQUEST FOR PROPOSLS (RFP) CONSTRUCTION MANAGER (CM) AT RISK SERVICES FOR DETENTION FACILITIES PROJECTS PROJECT #15218 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS FACILITIES DEVELOPMENT & OPERATIONS DEPARTMENT CAPITAL IMPROVEMENTS DIVISION

2 NOTICE REQUEST FOR PROPOSALS CONSTRUCTION MANAGER AT RISK DETENTION FACILITIES PROJECTS PROJECT #15218 Proposals, consisting of those documents and information described in the Request for Proposal (RFP), will be received by the Board of County Commissioners, Palm Beach County, Florida until 2:00 PM on October 21, 2015 at the Palm Beach County Facilities Development and Operations Department at 2633 Vista Parkway, West Palm Beach, FL, The respondents will be submitting proposals to provide Construction Management at Risk Services for various projects. Estimated cost is $30M - $50M over several phases. All conditions and requirements for submittal of proposals are contained in the Request for Proposal. The RFP may be obtained via or by calling (561) Include CM RFP in the subject line. Selection of finalists for interviews will be made on the basis of construction manager qualifications, including experience and ability as detailed in the RFP. The County has established a minimum goal of 15% Small Business Enterprise participation. At the time of proposal submission, respondent must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified work. The Board of County Commissioners reserves the right to waive any proposal irregularities, informalities, or technical deficiencies and to reject any and all proposals. ATTEST: SHARON R. BOCK, Clerk & Comptroller BOARD OF COUNTY COMMISSIONERS PALM BEACH COUNTY, FLORIDA BY: SHELLY VANA, MAYOR PUBLISH: Palm Beach Post Sunday: September 27, 2015 Sunday: October 4, 2015

3 REQUEST FOR PROPOSALS CONSTRUCTION MANAGER AT RISK FOR DETENTION FACILITIES PROJECTS PROJECT #15218 INTRODUCTION The County is soliciting Proposals ( Responses ) for Construction Management services consisting of pre-construction services, developing a Guaranteed Maximum Price (GMP), and construction of various detention facilities projects. This series of projects consists of renewal/replacements, renovations, modifications, and/or expansions and additions for infrastructure and various facilities systems within the Main Detention Center campus on Gun Club Road in West Palm Beach, the West Detention Center in Belle Glade, the Central Detention Center (aka Stockade) west of West Palm Beach, the Main Judicial Center in West Palm Beach, or other criminal justice facilities within Palm Beach County. Projects could include renewal/replacements for the following systems: mechanical including HVAC, fire protection, plumbing, and boilers, electrical, low voltage electrical systems including electronic security systems and fire alarm, security doors and hardware, roofing, weatherproofing, and other similar improvements. The selected Construction Management firm will function as a general contractor responsible for publicly bidding trade contracts, all scheduling and coordination of the project, and the successful, timely, and economical completion of the project. The selected Construction Manager (CM) will provide preconstruction and construction services and will be responsible for construction pursuant to a contractually guaranteed maximum price. Construction work is scheduled to start in October, 2016, and extend in various phases through Preliminary construction cost is estimated at $30M - $50M over several phases. A significant portion of the estimated cost is related to modernization of security management systems including additions, replacements, and/or modifications to those systems. A. INSTRUCTIONS TO RESPONDENTS 1. Firms desiring to provide services, as described herein, shall submit their response to this RFP in a sealed envelope with one original (clearly marked), eight (8) copies (a total of 9 copies), and one copy on electronic media. Responses must be received no later than 2:00 p.m., local time, October 21, 2015, to the attention of: John Chesher, Director Capital Improvements Division Facilities Development & Operations Department 2633 Vista Parkway West Palm Beach, FL Respondents must indicate on their response envelope the following: 09/2015 Page 1 of 14

4 Risk for Projects Date of Submittal Name of Respondent Return Address of Respondent 3. The time and date for receipt of responses will be scrupulously observed. The respondent shall assume full responsibility for timely delivery at the location designated for receipt of responses. The time/date stamp clock in the lobby area of 2633 Vista Parkway shall serve as the official authority to determine timeliness of the response. 4. All responses will be opened and reviewed at a later date by the Evaluation Committee. Responses received after the specified time and date shall be returned unopened. 5. Respondents are instructed not to fax their response. Faxed responses will be rejected as non-responsive. 6. Questions concerning this Request for Proposal must be directed in writing no later than 4:00 P.M., October 12, 2015, to John Chesher, Capital Improvements Division, or via fax ( ) or mail. Include CM RFP in the subject line of the No oral interpretation of this RFP shall be considered binding. The County will be bound by information and statements only when such statements are written and executed under the authority of Capital Improvements Division. Any interpretation, clarification, correction, or change to this RFP will be made only by Supplement. Written instructions regarding discrepancies, omissions or unclear intents will be sent to all Proposers who have received the RFP from Palm Beach County. Interpretations, corrections or changes made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections or changes. 8. Prior to submission of its Proposal, each Proposer shall ascertain that it has received all Supplements issued. The Proposer shall acknowledge receipt of all Supplements by completing the acknowledgment space provided on the Proposal Certification Form. B. TERMS AND CONDITIONS 1. Rejection of Proposals - The Board of Palm Beach County Commissioners reserves the right to reject any and all Proposals, and/or to re-advertise, to waive any irregularities, informalities or technicalities therein, to negotiate Contract terms with the successful Proposer, to disregard all non-conforming, non-responsive, unbalanced or conditional Proposals, or to accept any Proposal which in the County's sole judgment will best serve the public interest. 2. The County reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all parties without any liability against the County. The Proposer, by submitting its Proposal, expressly waives any claim to damages, of any kind whatsoever, in the event the County exercises its rights provided for in this subsection. 09/2015 Page 2 of 14

5 3. The County reserves the right to request clarification on information submitted from one or more respondents after the deadline for receipt of responses. 4. Any response may be withdrawn until the date and time set above for the submission of the responses. 5. Costs of preparation of a response to the RFP are solely those of the Respondent and the County assumes no responsibility for any such costs incurred by the Respondent. 6. The Respondent understands that the RFP does not constitute an agreement or contract with the Respondent, and no contract rights or remedies shall be deemed to have accrued to Respondent herewith. 7. Any Respondent who submits in its Proposal any information that is determined by the County, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration. 8. Failure of any Respondent to comply with this RFP may render the response non-responsive and ineligible from further consideration. 9. The Respondent warrants that they have not employed or retained any company or person, to solicit or secure this Contract where the Respondent has agreed to pay a fee, commission, percentage, gift or other consideration contingent upon or resulting from the award of this Contract. 10. The Construction Manager and its subcontractors of any tier regulated by the Florida Construction Industry Licensing Board or the Construction Industry Licensing Board of Palm Beach County shall be properly qualified and licensed/certified by the appropriate Board or Boards as required by Florida Statute Chapter 489, or Special Act, Laws of Florida Chapter prior to the issuance of the Notice to Proceed. The Respondent is required to have an active State Contractors Certification or an active Palm Beach County Certificate of Competency at time of Proposal submittal. Any Proposal which is submitted by a contractor, who is not properly licensed/certified at the time the Proposal is submitted, will be rejected as non-responsive. 11. The Construction Manager, subcontractors of any tier, and specialty contractors must have a valid Palm Beach County occupational license, except where provisions of F.S apply. 12. The Construction Manager s employees and subcontractors employees will be required to undergo a criminal history record check in order to be granted access pursuant to the latest version of Chapter 2, Article IX of the Palm Beach County Code. In addition, a criminal history records check conducted by Palm Beach County Sherriff s Office will be required. 09/2015 Page 3 of 14

6 13. Each Respondent by making his proposal represents that: a. As provided in Florida Statute (2)(a) a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By entering into this contract or performing any work in furtherance hereof, the Construction Manager certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S (3) (a). b. The Respondent must be an equal employment opportunity employer. Each Respondent must complete, sign and furnish with its Proposal the statement titled "Statement of Participation in Contracts Subject to Nondiscrimination Clause", which is incorporated in the Proposal Certification Form attached thereto. Failure to complete this statement will be cause for rejection of the Proposal. c. Pursuant to Executive Order 11246, as amended, Palm Beach County does have an Affirmative Action Program in connection with equal employment opportunities. It is recommended that those Proposers who have not initiated an Affirmative Action Program give consideration toward pursuing such programs. d. The Respondent does hereby declare that it is the only person or persons interested in said Proposal; that it is a genuine Proposal not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; that it is made without any connection with any person submitting another Proposal for the same Contract; that this Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; that the Proposal is in all respects fair and without collusion, fraud, or mental reservations; that no official of the County or any person in the employ of the County is directly or indirectly interested in said Proposal or in the supplies of Work to which it relates, or in any portion of the profits thereof; and that Respondent has not sought by collusion to obtain for itself any advantage over any other Respondent or over the County. 13. Lobbying 09/2015 Page 4 of 14

7 a. Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance prohibits a proposer or anyone representing the proposer from communicating with any Commissioner or Commissioner s staff regarding its proposal, i.e. a Cone of Silence. b. The Cone of Silence is in effect from the date/time of the deadline for submission of the proposal, and terminates at the time that the Board of County Commissioners ( Board ), or a County Department authorized to act on behalf of the Board, awards or approves a contract, rejects all proposals, or otherwise takes action which ends the solicitation process. c. The exceptions to the Cone of Silence specifically include contract negotiations during any public meeting; contract negotiations between any County Employee and the intended awardee; public presentations made to the Board; or any written correspondence at any time with any Employee, County Commissioners, or Advisory Board Member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. d. Violations of this section of the Ordinance are punishable by a fine of $ per violation. 14. Living Wage a. Contracts that exceed $100,000, and that are not subject to the Davis-Bacon Act or any related act or acts, as amended, that require the payment of Davis-Bacon Act wage rates, must comply with the Palm Beach County Living Wage Ordinance. b. The living wage is adjusted annually on October 1 as provided for in the ordinance. Contractor and all subcontractors shall pay the living wage to all employees directly providing construction-related services. c. Certification required. Before entering into any GMP Amendment, the Contractor must provide a certificate to the Owner and each subcontractor must provide a certificate to the Contractor, stating that it will pay each employee no less than the living wage. The certificate form will be provided with the Contract documents. 15. Small Business Enterprise (SBE) Program a. The successful respondent will be required to comply with Palm Beach County Code , which sets forth the County requirements for the SBE program. b. The County has established a minimum goal of 15% SBE participation for this contract, inclusive of all alternates, allowances, and change orders. 16. Bond and Insurance Requirements a. Within 5 days of Owner s acceptance of Guaranteed Maximum Price, the 09/2015 Page 6 of 14

8 Construction Manager shall furnish to Owner, on forms provided by Owner the following: 1. Public Construction Bond in the Amount of 100% of the GMP Price. 2. Form of Guarantee Such Public Construction Bond shall incorporate by reference all of the terms and conditions of the Contract Documents, including but not limited to the Construction Manager and Surety's obligation for liquidated damages as well as Surety's acknowledgment regarding any and all provisions addressing or regarding "no damages for delay", as provided for in the General Conditions. b. The Surety Company, in addition to the above requirements, shall be currently listed with the United States Department of Treasury for an amount greater than the contract amount. c. The Construction Manager shall require the attorney-in-fact who executes the required bonds on behalf of the Surety to affix thereto a certified and current copy of his Power of Attorney. d. If Construction Manager obtains bonds from any Subcontractor, Palm Beach County shall be named as additional oblige. e. Insurance Requirements - The Construction Manager shall furnish to the Owner certificates of insurance evidencing the existence of current valid, and binding insurance policies for the limits and coverage in accordance with the requirements delineated in the General Conditions, where such insurance is to be provided by Construction Manager, or as otherwise modified within the Contract Documents, together with a declaration of deductible amounts applicable to each type of insurance provided, acceptable to Owner. C. PROPOSAL SUBMITTAL REQUIREMENTS 1. The contents of the proposal submitted by the successful Respondent will become part of the contractual obligations. 2. It shall be understood that it is the intent of the Owner to insist that those indicated as a part of the Construction Manager s team actually execute the project and that the Project Manager for the Construction Manager be continually involved with the project during the pre-construction and construction phases unless agreed to the contrary in writing by Owner, or their employment with Construction Manager is terminated. 3. Respondents must submit this required information. Failure to submit and completely fill out any or all of the required forms may result in the rejection of the proposal. 09/2015 Page 7 of 14

9 a. Letter of intent from a Surety Company indicating the applicant s bondability for this contract. The surety shall acknowledge that the firm can be bonded for projects, with a potential construction cost of $25 Million. The surety company shall be currently listed with the United States Treasury for an amount greater than $50 Million. b. Proposal Certification Form (see Paragraph I). c. Related Experience: List the projects which best illustrate the experience of the firm and staff which will be assigned to this project. List no more than ten (10) projects, or projects which were completed more than ten (10) years ago. Provide a secondary list of all projects in Florida which exceed $5 Million in cost, started in the past 5 years. Provide the following information for each project listed: 1. Name and location of the project. 2. The nature of the firm's responsibility on this project including project delivery method. 3. Provide the name, address, phone number, and address of an owner s representative and architect s representative who can be contacted to provide a reference. 4. Size of project (square footage of project). 5. Construction cost. 6. Present status of the project; Date project was completed or is anticipated to be completed. 7. Key professionals involved on listed project who would be assigned to this project. d. Pre-Construction Services Staff: Includes management, technical and support staff. Provide a project organizational chart. Give a brief resume of key persons to be assigned to this contract including, but not limited to: 1. Name and title. 2. Current project assignments. 3. How many years with this firm? Other firms? 4. Experience: Types of projects, size of projects (dollar value & square footage of project), and job assignment. 5. Education and Registrations. 6. Other experience and qualifications that are relevant to this project. 7. Present office location. e. Construction Services Staff: Provide an organizational chart and resumes of the key on-site staff which may be assigned under this contract including, but not limited to: 1. Name and title. 2. Current project assignments and percentage of time for each. 09/2015 Page 8 of 14

10 3. How many years with this firm? Other firms? 4. Experience: Types of projects, size of projects (dollar value & square footage of project), and job assignment. 5. Education and Registrations. 6. Other experience and qualifications that are relevant to this project. f. Project Management Services: 1. Describe the capabilities of your firm to provide the technical services required for: Design reviews, budget estimating, value engineering, constructability analysis, construction scheduling, quality control (design and construction), cost control, claims management, and project close-out. g. Location of Offices: 1. Provide address of each office from which staff may be assigned to this project, and list total number of employees by job function. h. SBE Participation 1. For each project listed in Paragraph c, provide the firm s history of SBE or minority participation. Indicate what the original project goal was, and what the firm achieved. 2. Provide the plan your firm will use to achieve the required SBE Goal for this project. i. Claims and Litigation History 1. List all claims, arbitrations, administrative hearings, lawsuits or criminal proceedings brought by or against firm during the last five (5) years. The list shall include the name of the project over which the dispute arose; and a description of the amount in dispute and the subject matter of the dispute. D. SELECTION PROCESS 1. The purpose of the rating procedures is to equitably judge the responses to the Requests for Proposals. Each response will be scored and evaluated by the Committees using the procedures outlined herein. 2. The selection process consists of two phases of evaluation and scoring. a. The County s Short List Evaluation Committee will review each proposal and select up to ten proposals to score. 3 top proposers will be short-listed and invited to interview with the Final Selection Committee. Respondents will be notified in writing if their firm has been qualified for Phase II of the evaluation and selection process. 09/2015 Page 9 of 14

11 b. The second phase of the evaluation and selection will only be for the Respondents who are selected from the first phase of the evaluation. The shortlisted firm s interview will consist of a presentation to the Final Selection Committee followed by a question and answer period. 3. Each Category will be scored and when the scores awarded for all Categories are totaled, the scores will be tabulated and added to achieve the Total Points awarded to each firm. The Total Points awarded to each firm will be ranked 1,2,3,4, etc. with the highest point total ranked 1, the next highest points total ranked 2, etc. The ranking of each firm will be tabulated from each Committee Member and combined with other Committee Members to determine the total score for the firm. E. SCORING CRITERIA FOR SUBMITTALS - PHASE 1 (SHORT LIST PROCESS) The Scoring Criteria is made up of the categories that collectively represent a Grand Total Point Value of 100 points, as described herein. The points indicated below as "Points Possible" are the maximum that can be allocated for each category. The point value shall be the basis of establishing a finalist list of the top ranking proposals. EVALUATION CATEGORIES POINTS POSSIBLE 1. Related Experience Pre-Construction Services Staff Construction Services Staff Volume of Previous Work Location of Offices SBE Program 10 GRAND TOTAL OF POINTS 100 POINTS 1. CATEGORY 1 Related Building Experience 30 Points Possible Scoring Criteria Major consideration will be given to the successful completion of projects comparable in design, type, and scope, the recommendation of previous Owners and Architects, and other similar factors. 2. CATEGORY 2 Pre-construction Services Staff 25 Points Possible Scoring Criteria Consideration will be given to the general and specified project related capability of the proposer s pre-construction services staff including the adequate depth and abilities of the organization which it can draw upon as needed. This will include management, technical and support staff. 09/2015 Page 10 of 14

12 3. CATEGORY 3 Construction Services Staff 15 Points Possible Scoring Criteria Evaluation of the ability and experience of the proposed construction services staff with specific attention to project related experience. 4. CATEGORY 4 Volume of Previous Work 10 Points Possible The volume of the firm s previous work within the past 6 years with the County will be considered with the objective to share the available work with many firms. 5. CATEGORY 5 Location of Offices 10 Points Possible Scoring Criteria Maximum points will be awarded for a firm with a primary or regional office in Palm Beach County which will have direct responsibility for this project. 6. CATEGORY 6 SBE Program 10 Points Possible Scoring Criteria Firms will be awarded points for the firm s SBE or minority participation history and the presentation of a viable plan to achieve the County s SBE goal. F. SCORING CRITERIA FOR SHORT LISTED PROPOSERS - PHASE 2 (FINAL SELECTION) The second phase shall consist of an interview / presentation by each finalist in an effort to further understand the qualifications of the proposing firm. All finalists shall be considered in equal standing at the beginning of Phase 2. Using the information presented in the firm s written proposal, finalists will be expected to address the following: 1. Qualifications of the Firm: The firm will be expected to demonstrate its experience with projects similar in size, scope and complexity with emphasis on the construction management process. The firm should share its experiences bringing innovative and creative input to past projects. 2. Proposed Project Staff and Functions: The firm shall name the actual Project Manager and other key staff to be assigned to this project, describe their ability and experience and indicate the function of each within their organization and their proposed role on this project. The Project Manager shall be present for the selection interview. 3. Comprehensive Project Management Services: The firm shall indicate knowledge and experience in the evaluation of building systems and construction techniques to create an optimum value in the design and budget requirements. The firm should demonstrate its plan for performing this project describing the services to be provided including its method 09/2015 Page 11 of 14

13 to competitively bid the subcontracts and to establish a GMP and its cost reporting methods. 4. Knowledge of Local Conditions: The firm shall demonstrate its knowledge of local conditions, local codes and ordinances, local subcontractors, and local suppliers as an indication of its ability to obtain and retain local (Palm Beach County) subcontractors, control the work and deliver quality workmanship in an effective and timely manner. Maximum points will be awarded for a firm with a primary or regional office in Palm Beach County which will have direct responsibility for this project. 5. Small Business Utilization Plan: The firm shall demonstrate its approach in obtaining participation of Palm Beach County Certified Small Business Enterprises on this project. The Scoring Criteria is made up of the six (6) Categories that collectively represent a Total Point Value of 100 points. The total points for each Proposer will be the basis to determine the Top Ranking Proposer. EVALUATION CATEGORIES POINTS POSSIBLE 1. Qualifications of the Firm Proposed Project Staff and Functions Comprehensive Project Management Services Knowledge of Local Conditions Small Business Utilization Plan Volume of Previous Work 10 GRAND TOTAL OF POINTS 100 POINTS SCORING CRITERIA a. CATEGORY 1 - Qualifications of the Firm 25 Points Possible The firm's experience in similar projects utilizing the Construction Management process and other successful related CM projects will be scored. Recommendations from previous Owners and Architects will be evaluated. Litigation history will be considered. b. CATEGORY 2 - Proposed Project Staff and Functions 30 Points Possible The Project Management team s experience with similar projects and with public projects, and Construction Management experience. Recommendations from previous Owners and Architects will be evaluated. c. CATEGORY 3 - Comprehensive Project Management Services 10 Points Possible The ability and history of the firm and its staff to deliver projects using effective management tools and techniques will be evaluated. 09/2015 Page 12 of 14

14 The firm's scheduling system and cost control system will be evaluated including methods for assuring subcontractors adherence to schedule. A comparison of the firm's project profile should indicate their ability to hold to original schedules and budgets. The firm s approach to establishing a Guaranteed Maximum Price along with methods of Cost Control and Reporting Systems used will be scored. d. CATEGORY 4 - Knowledge of Local Conditions 15 Points Possible The firm s knowledge of the local construction environment as an indication of their ability to deliver a quality product in an effective and timely manner with local subcontractors will be scored. The firm s location of its office which will manage the work will be considered. e. CATEGORY 5 - Small Business Utilization Plan 10 Points Possible The firm s history, approach, and commitment to meet or exceed the SBE participation requirement will be scored. f. CATEGORY 6 - Volume of Previous Work 10 Points Possible G. AWARD OF CONTRACT The volume of the firm s previous work within the past 6 years with the County will be considered with the objective to share the available work with many firms. 1. Selection Committee tabulations and Notification from Owner, with recommended awards made in accordance with the RFP will be posted at the location where Proposals were received, for review by interested parties prior to submission through the appropriate approval process to the Board of County Commissioners, and will remain posted for a period of five (5) business days. Failure to file a protest to the Director of Purchasing during the 5 day posting period shall constitute a waiver of proceedings under County ordinance. 2. The Owner will conduct negotiations with the highest ranked Respondent to determine the fee and other requirements. However, if no agreement is reached with the top ranked Respondent, negotiations will be terminated with the top ranked Respondent and the Owner will move to the second ranked Respondent to attempt to reach agreement. If no agreement can be reached with the second ranked Respondent, the Owner will move to the third ranked Respondent. H. TIME 09/2015 Page 13 of 14

15 1. Time is of the essence in all contract documents. The successful Respondent, shall enter into a Contract with the County, shall commence the work to be performed under the Contract on the date set by the County in the written notice to proceed, and shall continue the work with due diligence. I. REQUIRED FORMS Proposal Certification Form 09/2015 Page 14 of 14

16 PROPOSAL CERTIFICATION FORM CM SERVICES FOR FOR DETENTION FACILITIES PROJECTS PROJECT #15218 I hereby certify that I am submitting my company s proposal and understand that by virtue of executing and returning with this proposal this Proposal Certification Form, I certify that all information is correct and I understand the contents and accept the conditions of the Request for Proposal and this Proposal Certification Form. Acknowledgment of Supplements: It is agreed that proposer has received and understands all supplements issued by the County. The Proposer acknowledges receipt of supplement(s) as follows: Supplement # dated Supplement # dated Statement of Participation in Contracts Subject to Nondiscrimination Clause: The Proposer shall complete the following statement by checking the appropriate boxes: The Proposer has ( ) has not ( ) participated in a previous contract subject to the nondiscrimination clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order The Proposer has ( ) has not ( ) submitted all compliance reports in connection with any such contract, due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the Proposer has participated previously in a contract subject to the nondiscrimination clause and has not submitted compliance reports due under applicable filing requirements, the Proposer shall submit a compliance report on Standard Form 100, "Employee Information Report, EEO-1" prior to the award of the Contract. PROPOSER (firm name): PRINT NAME OF AUTHORIZED REPRESENTATIVE: SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE: DATE:

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