RFP07 610 Disparity Study by sqzs1ez

VIEWS: 12 PAGES: 16

									REQUEST FOR PROPOSALS
                     FOR

    THE CITY OF TULSA

 BUSINESS DISPARITY STUDY

        OCTOBER 2007

           ITEM 918-35


                Submit Proposals to
                 Deputy City Clerk
                    City of Tulsa
                  200 Civic Center
                City Hall, Suite 109
               Tulsa, OK 74103-3856




       RFP Due Wednesday,November 28, 2007




     Prepared by Dr. Lana Turner-Addison 9/26/07
                           TABLE OF CONTENTS
                                                   REQUEST FOR PROPOSALS
                                                       RFP# 07-610____


SECTION                                                                                                                                            PAGE

GENERAL INFORMATION.......................................................................................................................1

   OVERVIEW AND HISTORICAL BACKGROUND................................................................................................1
   DEFINITIONS ................................................................................................................................................1
   INSTRUCTIONS TO OFFERORS .......................................................................................................................4
   INSTRUCTIONS FOR SUBMITTING PROPOSAL ................................................................................................5
   GENERAL NOTIFICATIONS ............................................................................................................................6

SCOPE OF SERVICE ..................................................................................................................................6

   PROJECT DELIVERABLES (PHASE I) ..............................................................................................................8
   OFFERORS’ OBLIGATION ..............................................................................................................................9
   GENERAL TERMS AND CONDITIONS………………………………………………………………..9
EVENT SCHEDULE & DATES ................................................................................................................ 10

EVALUATION CRITERIA AND POINTS ASSIGNED ........................................................................ 10




ATTACHMENTS
      A. LEGAL NOTICE
      B. COST PROPOSAL FORM
      C. NON-COLLUSION AFFIDAVIT
      D. ACKNOWLEDGEMENT OF ADDENDA
                             GENERAL INFORMATION

Overview and Historical Background

The City of Tulsa was incorporated as a municipality on January 8, 1898. With the
discovery of oil in nearby Red Fork in 1901, the City grew quickly, reaching a population
of 7,928 by the time of statehood in 1907. Today, Tulsa has grown to become not only a
model metropolis, but a thriving community, with a well earned reputation as simply a
great place to live.

Citizens of Tulsa are interested in ensuring that public contracting and purchasing funds
are not spent in a manner that in any way contributes to or perpetuates the effects of
marketplace discrimination. The City of Tulsa is therefore seeking a consultant to
conduct various work elements in a business disparity causation analysis study that:

   1. Purpose: The City of Tulsa is seeking a firm to conduct a Disparity Study of
      contractual awards in the areas of construction, goods, and services from July
      1997 – June 2007.

   2. Background: Title 5 of the City of Tulsa Ordinances identifies good faith efforts
      to help increase minority participation in contracting in the various activities
      listed above.

   3. Statement of Needs: The Contractor shall have experience preparing disparity
      studies for governmental agencies in accordance with current laws.

   4. Requirements: Explanation of your approach to or general methods used to
      address the scope of services below.

   5. This disparity study is being conducted for the purposes of determining whether
      consideration of race-conscious and gender-conscious remedies is appropriate,
      and for narrowly tailoring any race-conscious or race-neutral remedial
      approaches. (It is the intent of the City of Tulsa to afford small, minority and
      women-owned businesses a fair opportunity to compete for government, local,
      and Vision 2025 contracts.)

Definitions

For the purposes of this RFP, the following words and phrases shall have the meanings
given herein.

   1.      Affirmative action shall mean a positive, continuing, results-oriented
           program designed to ensure a good faith effort to employ applicants and treat
           employees equally, without regard to race, color, religion, national origin,
           ancestry, sex, disability or age. Such program shall include but not be limited
           to recruiting, employment, upgrading, promotion, training, apprenticeship,
           rates of pay or other forms of compensation, demotion, transfer, layoff or


                                             1
      termination. Such program also shall include a work force analysis,
      utilization analysis, and appropriate goals and timetables declaring a method
      of implementing a good faith effort to correct any existing deficiencies and to
      eliminate any existing employment barriers.

2.    Attachment means any item the RFP requires the Offerror submit as part of
      the Offer.

3.    Contractor shall mean any person, including a depository, who bids or
      supplies labor, materials, goods or services, including professional services, to
      the City of Tulsa or any subcontractor of a contractor.

4.    Minority/Female Business Enterprises (M/FBE) shall mean Minority
      Business Enterprises (MBE) or Female/women Business Enterprises (FBE) as
      defined herein, who have been certified to do business with the City of Tulsa.

5.    Minority/Women/Disadvantaged Business Enterprises (M/W/DBE) shall
      mean Minority Business Enterprises (MBE), Female/women Business
      Enterprises (FBE), and businesses owned and controlled by socially and
      economically disadvantaged individuals.

6.    Female/women Business Enterprise (FBE) means a small business concern,
      defined pursuant to Section 3 of the Small Business Act and implementing
      regulations, which is owned and controlled by one or more women.

7.    Minority Business Enterprise (MBE) means those individuals engaged in an
      enterprise who are citizens of the United States (or lawfully admitted
      permanent residents) and who are Black Americans, Hispanic Americans,
      Native Americans, Asian-Pacific Americans or Asian-Indian Americans or
      any other minorities or individuals found to be disadvantaged by the Small
      Business Administration pursuant to Section 8(a) of the Small Business Act,
      as amended, 15 U.S.C. § 637(a).

8.    Person shall mean an individual, partnership, association, corporation, legal
      representative, or a combination thereof and any labor organization furnishing
      or referring employee applicants to any employer or contractor doing business
      with the City of Tulsa.

9.    Subcontractor shall mean any person who undertakes, by a separate
      agreement with a contractor, to fulfill all or a part of the latter’s contractual
      obligation with the City of Tulsa.

10.   Developing Business is a small business in its early states of operations; it is a
      business whose size standard meets the criteria set forth in Section 8(a) of the
      Small Business Action, 15 U.S.C. § 637(a).




                                         2
   11.     Growing Business is a small business with demonstrated capacity to expand;
           it is a mature business seeking to expand operations and increase revenues. A
           Growing Business is a business whose size standard meets the criteria set
           forth in Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a), for a
           small business in its primary industry classification, independent of its status
           as a socially disadvantaged business.

   12.     Building Resources in Developing & Growing Enterprises (BRIDGE)
           program is a pioneering and innovative initiative to help small businesses
           assemble the tools they need to be successful at securing contracts in both the
           public and private sector.

For purposes of this RFP, M/FBE are businesses that are at least 51% owned and
controlled by minority group members or women. M/FBE are bona fide only if the
minority group or female ownership interests are real and continuing and not created
solely to meet the M/FBE requirement. In addition, the M/FBE shall itself perform
satisfactory work or service or provide supplies under the contract and not act as a
conduit. The contractual relationship shall be bona fide owned and controlled as: (1) a
sole proprietorship legitimately owned by an individual who is a minority group member
or female; (2) a partnership or joint venture controlled by minorities and/or females; (3) a
corporation or other entity controlled by minorities or females, and in which at least 51%
of the voting interests and 51% of the beneficial ownership interests are legitimately held
by minorities and/or females. Minorities or females shall control the management and
operations of the business on a day-to-day basis.

For the purposes of this RFP, a "Disadvantaged Business Enterprise" or "DBE" is defined
in accordance with regulations of the U.S. Department of Transportation, set forth in 49
CFR Part 26 and relates specifically to contract solicitations that are Federally assisted.

For purposes of this RFP, FBE or MBE refers to any company that is certified (or
qualified to be certified) as a DBE, M/FBE or BRIDGE firm by an authorized
certification agency in Oklahoma.

For purposes of this RFP, M/FBE and M/W/DBE may be referred to interchangeably.

For purposes of this RFP, a "Small Business Enterprise" or "SBE" is a firm that meets the
small business size standards as defined in the U.S. Small Business Administration
regulations issued under 13 C.F.R. Part 121.

For purposes of this business disparity study (hereinafter referred to as "Study or
Disparity Study"), the relevant study period is from FY 1997 through FY 2007.

For purposes of this business disparity the relevant market area is defined as the City of
Tulsa MSA (Metropolitan Statistical Area).




                                             3
For the purpose of this business disparity study the relevant marketplace categories are
Construction, Professional Services, Contractual Services, Materials and Supplies.

If the Selected Consultant identifies statistically significant underutilization of FBE or
MBE, and if the Selected Consultant finds that such underutilization resulted, in any part,
from discrimination, the Consultant will recommend remedial programs to address the
effects of any such underutilization that has been identified. The Consultant will also be
required to recommend appropriate measures to aid in enforcement of the City of Tulsa
Title V Ordinance.

Instructions to Offerors

In order for a proposal to be considered, it must be based on terms, conditions and
specifications contained herein and must be a complete response to this RFP. One (1)
original and seven (7) copies of each proposal shall be submitted. Proposals shall be duly
marked and/or identified with Offeror Name, Address and RFP number. No other
distribution of the proposal shall be made by the Offeror. Proposals shall be limited to a
maximum of fifteen (15) single-sided pages or less, and signed by an authorized
representative. Each proposal should be bound in a single volume with all relevant
documentation attached. Pages should be numbered and sections tabbed appropriately.
The City may elect to require oral presentations after receipt of the proposals. All
required forms shall be submitted as Appendix A.

After the RFP issue date, all communications between the Purchasing Department and
prospective Offerors shall be in writing. You may E-mail or fax questions to the City of
Tulsa Project Buyer, Laura Blades at lblades@ci.tulsa.ok.us , or fax # (918) 699-3156.
Any such inquires, requests for interpretation, technical questions, clarification, or
additional information shall be directed to Ms. Blades. All questions concerning this RFP
shall reference the RFP number, section number and paragraph. Questions and responses
affecting the scope of the services will be provided to all Offerors by issuance of an
Addendum. All questions shall be received by the Purchasing Department no later
than 5:00 P.M., October 31, 2007.

Any questions regarding this RFP will be handled as promptly and as directly as possible.
If a question requires only clarification of instructions or specifications, it will be handled
verbal1y. If any question results in a change or addition to the RFP, the changes or
additions will be forwarded to all registered Offerors as quickly as possible by addendum.


   The following forms must be returned with your Bid Proposal.

           A. Cost Proposal Form
           B. Non-Collusion Affidavit
           C. Addendum Acknowledgment (if applicable)




                                              4
Instructions for Submitting Proposal

Responses submitted should be concise and shall be limited to a maximum of 15 pages or
less. All Offerors shall address the following, as a minimum, and should conform to the
numbering system used below:

   1. The proposal must be received by 5:00 pm on Wednesday, November 28, 2007,
      Central Daylight Time. Please put proposals in an envelope or box clearly labeled
      "RFP 07-610 - City of Tulsa Business Disparity Study - Phase I."

   2. Be sure to include a letter of transmittal, identifying contact person.

   3. Be sure to include a statement substantiating firm's understanding of project
      objectives and task assignments.

   4. Explanation of your approach to or general methods used to do the work.

   5. Firm (or Individual) background, qualifications, and experience.

   6. Brief history of the firm (or individual).

   7. Proposed project manager (person directly responsible for production of work).

   8. Resumes of principles and key personnel.

   9. A listing of similar work performed by your firm over the last 5 years.

   10. Proposed M/FBE utilization with an explanation of their involvement in the work.

   11. Describe previous litigation or arbitration in which your firm has been involved
       during the past five (5) years.

   12. Describe any involvement that your firm, its employees, or its owner(s) have that
       may constitute a conflict of interest.

   13. Describe any challenges and problems you would anticipate and how you would
       propose to address them.

   14. Total cost for Disparity Study – Phase 1 “Not to Exceed Requirement must be
       submitted with proposal (See Attachment B – Cost Proposal Form).

   15. Three (3) client references. Provide a minimum of three (3) references for whom
       services similar in scope to the requirements of this RFP have been provided,
       including the names of contacts, positions of these persons, addresses, e-mail
       addresses, and phone numbers.

   16. All interested Offerors are required to register with the Buyer, Laura Blades, in
       order to receive updates, addendum or any additional information required. The
       City is not responsible for any failure to register.


                                             5
General Notifications

   1. The City of Tulsa hereby notifies all possible Offerors that no person shall be
      excluded from participation in, denied any benefits of, or otherwise discriminated
      against in connection with the award and performance of any contract on the basis
      of race, religious creed, color, national origin, ancestry, physical disability, sex,
      age, ethnicity, or on any other basis prohibited by law.

   2. All proposing entities shall comply with the Americans With Disabilities Act
      (ADA) and all proposals and a subsequent contract, if any, shall include the
      following statement: “The Offeror shall take the necessary actions to ensure its
      facilities are in compliance with the requirements of the Americans with
      Disabilities Act. It is understood that the program of the Offeror is not a program
      or activity of the City of Tulsa. The Offeror agrees that its program or activity will
      comply with the requirements of the ADA. Any costs of such compliance will be
      the responsibility of the Offeror. Under no circumstances will the Offeror conduct
      any activity which it deems to not be in compliance with the ADA.”

   3. This Request For Proposal does not commit the City of Tulsa to pay any costs
      incurred in the submission of a proposal or the costs incurred in making necessary
      studies and designs for preparation thereof, or contract for service or supplies.

   4.    The City reserves the right to reject any and all proposals, and to waive any
        informality in proposals unless otherwise specified by the Offeror.

   5. The Contractor shall not represent itself to be an agent of the City.

                                 SCOPE OF SERVICES

The selected Consultant must provide an explanation of approach to or general methods
used to address the scope of services below:

       Determine the history of the utilization of M/FBE by the agency in contracting
        and procurement opportunities.
       Determine from the most accurate available data sources the relative availability
        of M/FBE that are ready, willing and able to do business.
       Investigate and describe prevailing practices in the public and private sectors that
        have caused under utilization of M/FBE.
       Determine the availability of minority and women-owned businesses in the
        geographic area of the City of Tulsa MSA.
       Identify the revisions necessary for the agency's BRIDGE program to meet
        requirements of Title 5 of the City of Tulsa Ordinances.
       Review the City's procurement policies, procedures, and programs.
       Conduct utilization analyses of minority, women, and non-minority firms in the
        City's procurement of goods and services.
       Analyze the utilization and availability data to determine if disparity exists.


                                              6
      Analyze the results of surveys, personal interviews, focus groups, and public
       hearings.
      Conduct a regression analysis.
      Identify narrowly tailored race/gender based and race/gender neutral remedies.
      Conduct a current disparity analysis of the market area.
      Prepare monthly progress reports to be submitted to Human Rights Director.
      Recommendations of current level of M/FBE program staff personnel for the City
       of Tulsa Human Rights Department.
      Prepare final report and present findings with recommendations to Mayor and
       Human Rights Director.
      Identify the nature of, and determine the extent to which, any barriers may have
       resulted in disparities in the utilization of available M/FBE in public and private
       sector contracts.
      Analyze the contracting and procurement data of firms to determine if their
       respective M/FBE utilization goals are being met.
      Determine the extent to which any identified disparities exist in the utilization of
       available M/FBE by organizations receiving federal, local, or Vision 2025 funds.
      Identify and summarize related findings from previous disparity studies and
       research encompassing the relevant marketplace from which people routinely
       purchase goods and services;
      Analyze the effectiveness of various race-neutral and gender-neutral remedies and
       practices previously undertaken in the relevant marketplace.

Relevant findings from this study will be analyzed to evaluate the effectiveness of
various race-neutral and gender-neutral remedies and practices previously undertaken in
the relevant marketplace, and to facilitate the refinement of programs, policies, and
practices that are narrowly tailored to remedy the effects of any identified discrimination
and/or to reduce or eliminate any other marketplace barriers that adversely affect the
utilization of such M/FBE.

In analyzing M/FBE availability, utilization, and disparity as described above, the
Selected Consultant shall determine the extent to which:

   A. Underutilization, if any, may be the result of discrimination by members of the
      City, or discrimination and/or other factors existing within the relevant
      industry(ies) in the relevant marketplace;
   B. Certain types of discriminatory practices exist within specific industries, trades,
      procurement and service areas in the relevant geographic markets from which
      most organizations purchase most of their goods and services; and any identified
      discriminatory practices may have hindered or impeded the ability for M/W/DBEs
      to compete for and participate in contracts (whether as prime contractors or
      subcontractors).




                                             7
Project Deliverables (Phase I)

All Deliverables should be submitted to the City of Tulsa in both electronic and hard
copy formats. The proposal should provide a description or outline of work plan and
reports that are part of the Deliverables for the project.

The proposal should outline a plan for completing the Scope of Service and requirements
of this RFP, including the following:

A description of the tasks and methods to be used and the rationale for the methodology,
a prediction of the Offeror’s schedule and cost and the anticipated number of labor hours
involved in each task. Include any factors to be used to determine availability. Include a
time line for completing the work, indicating key milestones. Include the Offeror’s
suggested frequency for progress reports.

   1.    Proposals shall include the methodology to be utilized, the rationale for the
         methodology and documentation so that the study results may be replicated. The
         Offeror will demonstrate that their statistical analyses measure availability
         according to the Croson and Adarand requirements.

   2.    A statement of the organization’s ability to work from manual sources, if
         necessary, and access information that is not readily available.

   3.    A list of sources that will be used to gather information. Include sources from
         which the Offerror will solicit recommendations for Disparity Study revisions or
         development.

   4.    A description of the method for collecting and documenting anecdotal evidence.

   5.    A description of how the Offeror will test for non-discriminatory explanations for
         the differences identified.

   6.    A description of resources available to evaluate M/FBE availability and
         utilization.

   7.    A description of how the Offeror will examine disparity ratios within various
         contracting dollar thresholds and categories of contracting amounts and business
         size.

   8.    Suggestions of alternative avenues of investigation and analysis.

   9.    A description of how the back up data for all computation and analysis will be
         stored and delivered to the City of Tulsa.

   10.   An assessment of issues in need of resolution.




                                              8
Offerors’ Obligation

Each Contractor performing work/services at a City facility shall take all necessary steps
to assure that none of its employees engage in harassment or intimidation relating to
personal beliefs or characteristics of anyone on the City's premises, including, but not
limited to, race, religion, color, sex, national origin, or disabilities. Such harassment is
unacceptable and will not be condoned in any form at the City of Tulsa. If such conduct
occurs, the contractor will take all necessary steps to stop it and prevent its future
occurrence, including but not limited to the immediate dismissal of personnel. This policy
shall be strictly enforced. The Contractor(s) further acknowledges and certifies that it
understands that a violation of these prohibitions constitutes a breach of contract and may
result in default action being taken by the City of Tulsa in addition to any criminal
penalties that may result from such conduct.

General Terms and Conditions

   1. INVOICE PAYMENT: Invoices submitted will be paid net 30 days. Invoices
      shall be forwarded to the City's Human Rights Department Director, Dr. Lana
      Turner-Addison, for review and payment approval.

   2. TERM OF CONTRACT: The initial term of the contract is from the Date of
      Execution of the contract through June 30, 2008.

   3. DRUG FREE WORKPLACE: The Contractor(s) acknowledges and certifies that
      it understands that the following acts by the Contractor, its employees and/or
      agents performing services on the property is prohibited.
       The unlawful manufacture, distribution. dispensing, possession or use of
          alcohol or other drugs, and;
       Any impairment or incapacitation from the use of alcohol or other drugs
          (except the use of drugs for legitimate medical purposes).

   5. CANCELLATION OF CONTRACT: The City of Tulsa reserves the right to
      cancel and terminate any resulting contract(s), in part or in whole, without
      penalty, upon 60 days written notice to the Contractor. Any contract cancellation
      shall not relieve the Contractor(s) of the obligation to deliver and/or perform
      services on all outstanding orders issued prior to the effective date of cancellation.

   6. QUALIFICATIONS OF OFFERORS: The City may make such reasonable
      investigations as deemed proper and necessary to determine the ability of the
      Offeror to perform the work and the Offeror shall furnish to the City all such
      information and data for this purpose as may be requested. The City reserves the
      right to inspect the Offeror's physical facilities prior to award to satisfy questions
      regarding the Offeror's capabilities. The City further reserves the right to reject
      any proposal if the evidence submitted by, or investigations of, such Offeror
      indicates it is not properly qualified to carry out the obligations of the contract and
      to complete the work contemplated herein.



                                             9
                              EVENT SCHEDULE & DATE

   1.   RFP issued October 17, 2007.

   2.   Pre-proposal Conference November 7, 2007.

   3.   RFP Submissions due November 28, 2007.

   4.   Presentations/InterviewS (if requested) will be held December 11, 2007 through
        December 14, 2007.

   5.   Evaluation and recommendation to the Mayor, Human Rights Director and
        Human Rights Commission, December 17 through December 21, 2007.

   6.   Contract negotiations from December 27, 2007 through January 17, 2008.

Note: The City reserves the right to alter the above schedule above as necessary.

               EVALUATION CRITERIA AND POINTS ASSIGNED

Evaluation Criteria Points:
Understanding of work to be performed (technical component)                 300
Ability to meet time requirements                                           150
Past performance (experience)                                               100
Key personnel                                                               150
References                                                                  100
Cost                                                                        200
Total Points                                                               1000

The cost is identified as a percentage of the total available points and cost proposals from
all Offerors are “normalized” meaning that the lowest cost Offeror will receive 100% of
the points available and the other higher cost proposals will receive a percentage of the
available points based on their submitted cost.

Note: If the contractor offered the contract Award to complete the City of Tulsa (COT)
Business Disparity Study – Phase 1, satisfactorily meets all obligations indicated in
proposal, then the COT may enter into discussion of contract requirements of the COT
Phase 2 Business Disparity Study planned to be completed FY 08-09. If City of Tulsa and
Contractor deem it appropriate, financially sound, and necessary the successful contractor
may be granted an option to renew its contract for 1 year.




                                             10
                                         ATTACHMENT A




                                          LEGAL NOTICE

                       CITY OF TULSA BUSINESS DISPARITY STUDY

                         REQUEST FOR PROPOSALS (RFP NO. 07-610)


Pursuant to City of Tulsa _Executive Order 90-08_, the City of Tulsa will receive proposals to
conduct a Disparity Study, RFP _07-610, in the City of Tulsa Deputy City Clerk’s Office, Room
109, City Hall, 200 Civic Center, Tulsa, Ok. 74103 until 5:00 P.M., on November 28, 2007. No
proposals will be accepted after the official time and date.
Copies of the solicitation may be obtained in the City of Tulsa Purchasing Division, 200 Civic
Center 74103, 8th Floor, City of Tulsa Oklahoma, from 8:30 A.M, until 5:00 P.M., Monday through
Friday. The RFP can also be obtained via our website www.cityoftulsapurchasing.org in Word or
Adobe file format.
The City reserves the right to accept or reject, in whole or in part, such proposals as appear in its
judgment to be in the best interest of the City.



                                       City of Tulsa, Oklahoma




Publication Date:




                                                    I
                                    ATTACHMENT B

                                COST PROPOSAL FORM


The City of Tulsa invites your Sealed Proposal to conduct a Business Disparity Study of
Tulsa City Contracting and Procurement Procedures.

The RFP must be received by 5:00 P.M., on November 28, 2007, in the Office of the
Deputy City Clerk, City of Tulsa, Room 109, City Hall, 200 Civic Center, Tulsa, OK
74103.

In accordance with the attached instructions, terms, conditions, and specifications, we
submit the following cost proposal to the City of Tulsa and the Offeror’s anticipated cost
schedule and projected labor hours involved.

The Offeror is required to submit this form “in a separate sealed envelope marked
Confidential Cost Proposal.

…………………………………………………………………………………………..


I certify that the total cost to complete the City of Tulsa Business Disparity, Phase I study
will not exceed $ _____________________.

I certify that the contents of this proposal are known to no one outside the firm, and to the
best of my knowledge all requirements have been complied with.

Firm Name:           _______________________________

Address:             _______________________________

Phone:               _______________________________

Date:                _______________________________

Phone:               _______________________________



By: (Typed)          _______________________________

By: (Signature)      _______________________________

Title:               _______________________________



                                             II
                                                   ATTACHMENT C

                                      NON-COLLUSION AFFIDAVIT
                                      (Required by Oklahoma law, 74 O.S. §85.22-85.25)


STATE OF                                       )

COUNTY OF                                      )


I,                                                                          , of lawful age, being first duly sworn, state
that:
        (Seller’s Authorized Agent)

        1.        I am the authorized agent of Seller herein for the purposes of certifying facts pertaining to the
                  existence of collusion between and among bidders and municipal officials or employees, as well
                  as facts pertaining to the giving or offering of things of value to government personnel in return
                  for special consideration in the letting of any contract pursuant to the bid to which this statement is
                  attached.

        2.        I am fully aware of the facts and circumstances surrounding the making of Seller’s Bid to which
                  this statement is attached, and I have been personally and directly involved in the proceedings
                  leading to the submission of such bid; and

        3.       Neither the Seller nor anyone subject to the Seller’s direction or control has been
        a party:
                 a.       to any collusion among bidders in restraint of freedom of competition by agreement to
                          bid at a fixed price or to refrain from bidding,
                 b.       to any collusion with any municipal official or employee as to quantity, quality, or price
                          in the prospective contract, or as to any other terms of such prospective contract, nor
                 c.       in any discussions between bidders and any municipal official concerning exchange of
                          money or other thing of value for special consideration in the letting of a contract.

                                                                  By:
                                                                  Signature

                                                                  Title:

Subscribed and sworn to before me this ________day of ______________, 20____.



Notary Public

My Commission Expires:

Notary Commission Number:

 The Affidavit must be signed by an authorized agent and notarized




                                                            III
                                    ATTACHMENT D
                       ADDENDUM ACKNOWLEDGEMENT


Receipt of the following Addendum is acknowledged:


Addendum no. _________________                       Date ___________
Addendum no. _________________                       Date ___________
Addendum no. _________________                       Date ___________
Addendum no. _________________                       Date ___________
Addendum no. _________________                       Date ___________


________________________________              ______________________
Signature                                     Date




                                               IV

								
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