Countryside Road Gravel Improvements Project

Lewis and Clark County Growth Policy Update RFQ Page 1 of 14 LEWIS AND CLARK COUNTY, MONTANA REQUEST FOR QUALIFICATIONS GROWTH POLICY UPDATE Statement of Purpose Lewis and Clark County’s (hereafter, the “County”) Community Development and Planning Department is requesting Statements of Qualifications (SOQ) from consulting firms in order to establish a pool of potential offerors to respond to a future Request for Proposals (RFP) to update the Lewis and Clark County Growth Policy, including the Helena Valley Area Plan and Lincoln Growth Policy (hereafter, the “Project”). Scope of Services Growth policies identify issues related to land use, as well as public health and safety, and are used to implement policies to address these issues through regulatory processes and/or other measures. The process for updating the Lewis and Clark County Growth Policy will require extensive research, documentation, and public engagement (e.g., surveys, open houses, public meetings, etc.) for the entire

County, and will require multiple professionals across a variety of fields to facilitate it. As a part of this process, the policy language, photos, maps, graphs, and designs will need to be updated. Project Duration The firm selected through a subsequent Request for Proposal process should expect the Project to begin June 2023 and conclude by June 2025. RFQ Timeline Opening of Solicitation February 3, 2023 Deadline for Written Questions February 10, 2023 Responses to Questions Posted on County Website February 17, 2023 SOQ Submittal Deadline March 3, 2023 SOQs Reviewed by Committee Members No later than March 10, 2023 SOQs Scored by Committee No later than March 17, 2023 Interviews (optional) No later than March 31, 2023 Notification of Selection for RFP Pool No later than April 7, 2023 Lewis and Clark County Growth Policy Update RFQ Page 2 of 14 SOQ Content Statements of Qualifications should demonstrate that the Respondent has the professional capability and sufficient availability to satisfactorily and timely complete the tasks outlined in the Scope of Services of this RFQ. Responses should include: 1. The firm’s legal name, address, telephone number, and principal contact email address. 2. A statement of the firm’s qualifications and experience related to the Project. 3. A resume for each professional staff member who may be assigned to the Project, along with relevant information about each individual’s responsibilities and qualifications, to include: a. Expected responsibilities on the Project. b. An explanation of each person’s role and responsibilities on the Project. c. Knowledge of and experience with developing and updating growth policies. 4. A description of the firm’s prior experience including scope of services and locations of projects. 5. A description of the firm's current work activities and how these would be coordinated with the Project, as well as the Respondent's anticipated availability during the term of the Project. 6. A proposed work plan and schedule of activities to be performed. Evaluation Criteria Upon receipt of SOQs, selection committee members will evaluate all responses independently and assign scores based on the following evaluation criteria: Criteria Points Possible Related experience 30 points Qualifications of the professional personnel to be assigned to the Project 20 points The capability of the firm to meet time and budget requirements 20 points Present and projected workload 15 points Recent or current work performed for the County 15 points Firms will be evaluated by the committee as a whole and ranked based on their collective score. At least two of the ranked firms will be established as a pool of potential vendors who will qualify to offer proposals for the subsequent RFP to update the County’s Growth Policy. SOQ Submittal Respondents are solely responsible for all costs incurred in the preparation and submittal of an SOQ. Respondents shall submit four (4) hard copies of the SOQ and one (1) digital copy in PDF format on a flash drive in a sealed envelope clearly marked Growth Policy Update SOQ. SOQs Lewis and Clark County Growth Policy Update RFQ Page 3 of 14 should not exceed 25 pages, including resumes and a cover letter. Minimum font size for all text shall be 12-point. In order to ensure a fair and objective evaluation of all SOQs, all questions regarding the RFQ must be submitted in writing via email to the point of contact listed below on or before February 10, 2023. An addendum containing responses to questions received will be posted on the County’s website at https://www.lccountymt.gov/bocc/bidsrfprfqsoq.html no later than February 17, 2023. It is the responsibility of each Respondent to check the website if it is interested in the questions received and the respective responses provided by the County. Under no circumstances may Respondents contact any County staff member or elected official directly. All communications regarding this RFQ shall be directed to the point of contact listed below: Casey Hayes, Purchasing Officer Lewis and Clark County 316 N. Park Avenue, Helena, MT 59623 chayes@lccountymt.gov Submit SOQs to: Lewis and Clark County Commissioners 316 N. Park Avenue, Room 345 Helena, MT 59623 SOQs must be received no later than 4:00 PM MST on March 3, 2023 at the address listed above. SOQs received after the deadline shall not be accepted. This solicitation is being offered in accordance with federal and state statutes governing procurement of professional services. Accordingly, Lewis and Clark County reserves the right to reject any and all SOQs deemed unqualified, unsatisfactory, or inappropriate. mailto:chayes@lccountymt.gov Lewis and Clark County Growth Policy Update RFQ Page 4 of 14 Standard Terms and Conditions By submitting a response to this Request for Qualifications, the Respondent agrees to acceptance of the following Standard Terms and Conditions and any other provisions that are specific to this solicitation. 1. Authority This Request for Qualifications (RFQ) is issued under the authority of the Lewis and Clark County Purchasing Policy. The RFQ process is a procurement option which allows the award to be based on evaluation criteria in addition to cost. The relative importance of all evaluation criteria is found herein and only the evaluation criteria outlined in the RFQ will be used. Lewis and Clark County (herein, the “County”) reserves the right to accept or reject any or all Statements of Qualifications (SOQs), wholly or in part, and to make awards in any manner deemed in the best interest of the County. 2. Competition Lewis and Clark County encourages free and open competition among Respondents to obtain quality, cost-effective services and products. Whenever possible, specifications, invitations, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the County’s needs and accomplishment of a sound economical operation. The Respondents submission of a Statement of Qualifications (SOQ) guarantees that the prices quoted have been established without collusion with other eligible Respondents and without effort to preclude Lewis and Clark County from obtaining the lowest possible competitive price. Prior to the award of the contract, SOQs may be held by Lewis and Clark County for a period not to exceed 90 days from the date of the opening of SOQs for the purpose of reviewing SOQs and investigating the qualifications of the respondents. 3. Public Inspection of SOQs All information received in response to this RFQ, including copyrighted material, is deemed public information and with one exception will be available for public viewing and copying after the SOQ deadline. The public will not be able to view bona fide trade secrets meeting the requirements of the Uniform Trade Secrets Act, Title 30, Chapter 14, Part 4, MCA. The purchasing officer will remove any such trade secrets from the RFQ prior to public viewing. 4. Bona Fide Trade Secrets Confidential information meeting the requirements of Title 30, Chapter 14, Part 4, MCA will be available for review only by the purchasing officer, the evaluation committee members, and limited other designees. Before the RFQ is made available to the public, Lewis and Clark County Growth Policy Update RFQ Page 5 of 14 the purchasing officer will remove the confidential information if the following conditions are met: • Confidential information is clearly marked and separated from the rest of the SOQ; • No confidential material is contained in the cost section; and • An affidavit from the Respondent's legal counsel attesting to and explaining the validity of the trade secret claim is attached to the SOQ. The Respondent shall pay all legal costs and fees associated with defending a claim for confidentiality if a “right to know” request is received from another party. In order for a Respondent to request that material be kept confidential, a notarized Affidavit for Trade Secret Confidentiality shall be provided by the Respondent’s attorney acknowledging that material included in a SOQ is open to public inspection except for information that meets the provisions of Montana’s Uniform Trade Secrets Act. 5. Classification of SOQs as Responsive or Non-responsive All SOQs will be classified as either “responsive” or “non-responsive.” A SOQ is considered “responsive” if it conforms in all material respects to the requirements of the RFQ. A SOQ may be found non-responsive if: • Required information is not provided; • The cost SOQ is excessive or inadequate as measured by criteria stated in the RFQ; • The SOQ does not conform to the specifications described and required in the RFQ. If a SOQ is found to be non-responsive, it will receive no further consideration. 6. Determination of Respondent Responsibility The purchasing officer and/or the selection committee will decide whether a Respondent has met the standards of responsibility based on the requirements of the RFQ. Factors used to determine the responsibility may include whether the Respondent has: • The appropriate financial, material, equipment, or human resources to meet all contractual requirements; • A satisfactory record of integrity; • The legal ability to contract with the County; • Provided all information requested for use in the determination of responsibility; and • A satisfactory record of past performance. Lewis and Clark County Growth Policy Update RFQ Page 6 of 14 A Respondent may be deemed “non-responsible” at any time during the procurement process if information surfaces to support such a determination. 7. Evaluation of SOQs and Respondent Interviews/Product Demonstration The remaining SOQs will be scored according to the evaluation criteria stated herein. The selection committee may ask finalists to appear for interviews or product demonstrations or to provide written responses to items requiring clarification. Any costs associated with interviews or product demonstrations are the sole responsibility of the Respondent. 8. County’s Right to Investigate and Reject Lewis and Clark County may make such investigations as are deemed necessary to determine the ability of the Respondent to provide the product or services specified. The County reserves the right to reject any SOQ if the evidence obtained fails to satisfy the County that the Respondent is properly qualified to perform the obligations of the contract. This includes the County's ability to reject a SOQ based on negative references. 9. Respondent Selection and Contract Execution After an evaluation of the Respondent, interviews, and/or product demonstrations, the selection committee will recommend a contract award, which the purchasing officer will communicate to the Respondent selected. If the Respondent and the County cannot agree on the contract terms, the County may move to the next ranked Respondent or cancel the RFQ. The work described in the RFQ may begin only after the contract is signed by all parties. 10. County’s Rights Reserved Submission of a SOQ confers no rights upon any Respondent and shall not obligate the County in any manner whatsoever. Lewis and Clark County reserves the right to make no award and to solicit additional SOQs at a later date. The RFQ in no way constitutes a commitment by the County to award and execute a contract. If such actions are deemed in its best interests, the County, in its sole discretion, reserves the right to: • Cancel or terminate this RFQ; • Reject any or all SOQs received in response to this RFQ; • Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ; and/or • If awarded, suspend contract execution or terminate the resulting contract if the County determines adequate funds are not available. 11. Nondiscrimination In accordance with federal and state laws, the Respondent agrees not to discriminate against any client, employee, or applicant for employment or for services because of Lewis and Clark County Growth Policy Update RFQ Page 7 of 14 race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: • Employment upgrading; • Demotion or transfer; • Recruitment or recruitment advertising; • Lay-offs or terminations; • Rates of pay or other forms of compensation; • Selection for training; or • Rendition of services. Respondents and the awardee shall comply with all federal, state, and local laws, rules and regulations. Respondents and the awardee and any of the Respondents’ and the awardee’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract or agreement. It is further understood that any Respondent who is in violation of this clause shall be barred forthwith from receiving awards of any purchase from Lewis and Clark County unless a satisfactory showing is made that discriminatory practices have ceased, and the recurrence of such acts is unlikely. 12. Cone of Silence A cone of silence shall be established on all Lewis and Clark County competitive selection processes. The cone of silence prohibits any communication regarding a competitive solicitation between any Respondent (or its agents or representatives) or other entity with the potential for a financial interest in the award (or their respective agents or representatives) regarding such competitive solicitation, and any County official (elected or appointed), employee, selection committee member, or other persons authorized to act on behalf of the County other than the individual outlined as the point of contact in this solicitation. The cone of silence shall be in effect from the time of advertisement until contract award. Violations of the cone of silence may be grounds for disqualification from the Lewis and Clark County Growth Policy Update RFQ Page 8 of 14 selection process. The cone of silence shall not apply to communications with the established point of contact in this solicitation or at any public proceeding or meeting. The cone of silence shall terminate when the Board or a County employee authorized to act on behalf of the Board awards or approves the Contract, rejects all SOQs or responses, or otherwise takes action to end the selection process. 13. Protest Procedure A Respondent aggrieved in connection with the solicitation or award may protest in accordance with the procedure outlined in the Lewis and Clark County purchasing policy. Lewis and Clark County Growth Policy Update RFQ Page 9 of 14 TERMS AND CONDITIONS SPECIFIC TO AMERICAN RESCUE PLAN ACT (ARPA) GRANT FUNDING The following terms and conditions apply to the awardee of solicitations, as a contractor of Lewis and Clark County, according to the County’s ARPA Award Terms and Conditions on June 15, 2021; by ARPA and its implementing regulations; and as established by the United States Treasury Department. 1. Equal Opportunity. Bidder shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 2. Minority and Women Business Enterprises. Bidder hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when applicable. Accordingly, Bidder hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following: a. Including qualified women’s business enterprises and small and minority businesses on solicitation lists; b. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources; c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises; d. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business; e. Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and f. If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above. For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women. 3. Suspension and Debarment. This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Bidder is required to verify that none of Bidder’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). Lewis and Clark County Growth Policy Update RFQ Page 10 of 14 The Bidder must comply with 2 CFR pt. 180, subpart C and 2 CFR 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 Lewis and Clark County. If it is later determined that the Bidder did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including, but not limited to suspension and/or debarment. The Bidder agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder further agrees to include a provision requiring such compliance in its lower-tier-covered transactions. 4. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended*. Bidder certifies 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. BIDDER 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 who in turn will forward the certification(s) to the awarding agency. *Purchases over $100,000 - Bidder must sign the certification on the last page of this exhibit. 5. Access to Records. The Bidder agrees to provide the Lewis and Clark County, the U.S. Department of Treasury, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Bidder which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Bidder agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed and agrees to cooperate with all such requests. The Bidder agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States. 6. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Lewis and Clark County Growth Policy Update RFQ Page 11 of 14 part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations. 7. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333). (Applies only to purchases over $100,000, when laborers or mechanics are used.) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 8. Clean Air Act & Federal Water Pollution Control Act. (applies to purchases of more than $150,000.). The Bidder agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The Bidder 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. 1251 et seq. The Bidder agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the Lewis and Clark County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Bidder agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. 9. Prohibition on certain telecommunications and video surveillance services or equipment (Huawei and ZTE). Bidder is prohibited from obligating or expending loan or grant funds to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Lewis and Clark County Growth Policy Update RFQ Page 12 of 14 i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 10. Procurement of Recovered Materials: (applies only if the work involves the use of materials). In the performance of this contract, the Bidder shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Bidder also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 11. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRP4035 awarded to Lewis and Clark County by the U.S. Department of the Treasury.” 12. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Bidder is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles. 13. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Bidder is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers. 14. Title VI of the Civil Rights Act of 1964 – Protections to persons with Limited English https://www.epa.gov/smm/comprehensive-%20procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-%20procurement-guideline-cpg-program Lewis and Clark County Growth Policy Update RFQ Page 13 of 14 Proficiency. The Bidder and any of the Bidder’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract or agreement. 15. Drug-Free Workplace. The Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.) requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of part 382, which adopts the Governmentwide implementation (2 CFR §182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). By signing the application, the AOR agrees that the recipient will provide a drug-free workplace and will comply with the requirement to notify SAMHSA if an employee is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. Government wide requirements for Drug- Free Workplace for Financial Assistance are found in 2 CFR § 182; HHS implementing regulations are set forth in 2 CFR § 382.400. 16. Mandatory Disclosures. Consistent with 45 CFR § 75.113, applicants and recipients must disclose in a timely manner, in writing to the COUNTY, all information related to violations, or suspected violations, of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Subrecipients must disclose, in a timely manner, in writing to the COUNTY all information related to violations, or suspected violations, of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 45 CFR § 75.371 – Remedies for noncompliance, including suspension or debarment (see 2 CFR §§ 180 & 376 and 31 U.S.C. 3321). 17. Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(G)), as amended, and 2 CFR § 175. The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance provided to a private entity, without penalty to the Federal government, if the recipient or subrecipient engages in certain activities related to trafficking in persons. SAMHSA may unilaterally terminate this award, without penalty, if a private entity recipient, or a private entity subrecipient, or their employees: a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or, c. Use forced labor in the performance of the award or subawards under the award. Lewis and Clark County Growth Policy Update RFQ Page 14 of 14 End of Request for Qualifications