Request for Proposal For

Radio and Digital Campaign For the

Office of Highway Safety

RFP # 2020-01

TABLE OF CONTENTS

Section 1: General Information 1

1.1 Overview of RFP 1 1.2 Purpose of RFP 1 1.3 RFP Schedule 1 1.4 Contact Information 2

Section 2: Restrictions on Communications 2 Section 3: Cost Liability 2 Section 4: State of New Hampshire Vendor Application 2 Section 5: Federal Funding Accountability & Transparency Act 2 Section 6: Contract Schedule 2 Section 7: Subcontracting 3 Section 8: Accounting Records 3 Section 9: On-line Collaboration Tools 3 Section 10: Ownershp of Works 3 Section 11: Oral Presentations 3 Section 12: Scope of Project 4 Section 13: Objectives 4

13.1 RFP-Derived Contract Objectives 4 13.2 PI&E Campaign Objectives 5

Section 14: Bidder Requirements 5 Section 15: Duties of Awarded Bidder 5 Section 16: Preparing to Submit a Bid 6 Section 17: Proposal Format 6 Section 18: Proposal Submission 9 Section 19: Evaluation Criteria 9 Section 20: Contract Award 10 Section 2l: Costs of Preparation 10 Section 22: Proposal Understanding 10 Section 23: Proposal Validity 10 Section 24: Contract Document 11 Section 25: Contract Term 11 Section 26: Confidentiality and Disclosure of RFP Information 11 Section 27: Revision of Request for Proposals 11 Section 28: Cancellation of Procurement 11 Section 29: Rejection of Proposals 11 Appendixes 13

Section 1 General Information 1.1 Overview of RFP The State of New Hampshire’s Office of Highway Safety (NHOHS) is seeking proposals for professional services to contract with a local radio station to coordinate NHOHS’s public information and education efforts through an extensive radio campaign. Services provided through this contract will include, but are not limited to, the creation of radio spots through the coordination of earned and paid media, coordination of state and national public service announcements and the use of digital media and methodology to track measurable metrics concerning the effectiveness of the campaign.

1.2 Purpose of RFP

This Request for Proposal (RFP) enables interested bidders to prepare and submit proposals for consideration by NHOHS. This RFP is to satisfy a need for a full radio campaign educating the public about the dangers of impaired driving, distracted driving, and other pertinent topics as well as the importance of everyone wearing their seatbelt. The intent is for a two-year contract to be created between NHOHS and the awarded bidder, with NHOHS having the option to renew it no more than two times, with each renewal being for an additional one-year period. The contract extension is at the option of the awarded bidder and State. The total contract period will not exceed six years.

1.3 RFP Schedule

Bidders must conform to the following schedule when preparing and submitting responses:

Milestone Date

RFP Posted 05/01/19

Deadline for Bidder Submitted Questions 05/15/19

RFP Coordinator Posts Answers to Bidder Questions 05/16/19

Proposals Due 05/22/19

Successful Bidder announced (estimated) 07/01/19

Work Begins (estimated) 10/01/19

All milestones are considered due at 2:00 PM Eastern Time (Concord, New Hampshire, local time) on the specified date.

The State reserves the right to alter this schedule at any time by posting an altered schedule to the same web site that contains this RFP. The State will make no attempt to contact bidders regarding the posting of schedule changes. It is the responsibility of each bidder to visit the RFP web site regularly to obtain any schedule alterations.

1.4 Contact Information

During the proposal preparation period, all questions and requests for clarification and/or additional information must be submitted in writing via email, with the subject line stating “Subject: Clarification to RFP for Radio Campaign”, to the RFP Coordinator listed below. Questions will be accepted no later than the date referenced in Section 1.3. When appropriate, responses to requests, as well as any NHOHS-initiated changes, will be provided to all bidders in writing via posting to the RFP web site no later than

the date shown in Section 1.3. (Note: The bidder must include reference to all amendments on their response to this RFP.) The State will remove the names of bidder firms and individuals, along with their contact information, from any written communication. However, by submitting a question, bidders acknowledge and accept that the State is not liable for third parties’ usage of written communication to identify bidders. RFP Website: The RFP website is https://das.nh.gov/purchasing/vendorresources.aspx . Bidders are recommended to regularly check the RFP web site. RFP Coordinator: Jennifer Tramp Public Information Officer NH Office of Highway Safety Room 208 33 Hazen Drive Concord, NH 03305

Tel.: 603-271-2021 E-mail: Jennifer.Tramp@dos.nh.gov

Section 2 Restrictions on Communications with NH Office of Highway Staff Other than the contracting officer listed above, bidders shall make no unsolicited contact with any of the NH Office of Highway personnel or agency designee regarding this RFP. Section 3 Cost Liability The State of New Hampshire assumes no responsibility or liability for costs incurred by the bidders in preparing or submitting their proposals or for samples included in their response to this RFP, or in making any requested oral presentation regarding this RFP. Any samples or any type of artwork submitted by the vendor will be returned upon request. Section 4 State of New Hampshire Vendor Application Vendor shall have a completed Vendor Application and W-9 on file with the NH Bureau of Purchase and Property. Section 5 Federal Funding Accountability & Transparency Act. A) Data Universal Numbering System (DUNS) Numbers Requirement. As the recipient of federal highway safety funds, the applicant agency must have a DUNS number. This is a unique nine-character number that identifies the applicant agency and is used by the federal government to track how federal funds are distributed. If the applicant agency is authorized to make sub-awards under this contract, it must: 1) notify potential sub-recipients that no entity may receive a sub-award unless that entity has provided the applicant agency with its DUNS number; and 2) the applicant agency may not make a sub-award to an entity unless the entity has provided its DUNS number to the applicant agency. (http://fedgov.dnb.com/webform) B) Central Contractor Registration (CCR) Requirement. If the recipient of federal highway safety funds is a non-government agency, it must maintain the currency of its information in the CCR until it submits the final financial report required under this award or upon receipt of the final payment, whichever is later. This requires the applicant to review and update the information at least annually after the initial registration, and more frequently if required by changes in application information or another award term. (http://www.ccr.gov) C) The “Sub-Recipient Information Reporting Form” appearing in Appendix A must be completed and returned with the proposal. Section 6 Contract Schedule The contract will be for Federal Fiscal Year 2020 (October 1, 2019 – September 30, 2020) and federal Fiscal Year 2021 (October 1, 2021 through September 30, 2022). Budget numbers are contingent upon

NHTSA approval of the Highway Safety plan submitted for Federal Fiscal Years 2020 and 2021 and will be provided upon approval. The NHOHS requests the bidder to complete the attached outline showing how these funds will be utilized, including a budget breakdown showing the amount of radio spots and all related production costs proposed. Section 7 Subcontracting The Contractor is prohibited from subletting, conveying, assigning or otherwise disposing of any contract resulting from the RFP, its rights, title, or interest therein or its power to execute such agreement to any other company, corporation, or entity without the previous consent and written approval of the State. In the event the State approves the use of subcontractors in performance of this contract, the prime contractor is not relieved of its responsibility and obligation to meet all the requirements of this RFP. Section 8 Accounting Records The Contractor will be required to maintain all pertinent financial and accounting records and evidence pertaining to the contract in accordance with the generally accepted accounting principles and other procedures specified by the State of New Hampshire. Financial and accounting records shall be made available, upon request, to the NHOHS, or its designees and the State of New Hampshire, at all times during the contract period and any extension thereof, and for three (3) years from the expiration date of this contract. Section 9 On-line Collaboration Tools The NHOHS desires that the Contractor have the capability to conduct an on-line collaboration for this effort. For example the NHOHS would like the ability to view work in process, receive status reports, etc., by going to the Contractor’s website or server which provides a secure area for review of such work. Or the Contractor may conduct e-business communication by way of email and the sending of electronic files for review. This would include progress reports and graphic files, as well as audio and/or video electronic files through a common media player such as Real Player or Windows Media Player. Graphic files sent must be in PC format compatible with the State of New Hampshire. Section 10 Ownership of Works The State of New Hampshire shall own all rights, title, and interest in and to any software, documentation, products, advertising for television, radio, printer, internet or other media, or deliverables that result from services rendered by Contractor to the State under the resulting contract. Funding for the public information and education contract is provided by federal funds from the National Highway Traffic Safety Administration (NHTSA), US Department of Transportation. Therefore, NHTSA and the State of New Hampshire “reserves a royalty-free, non-exclusive, and irrevocable license to reproduce or otherwise use, and to authorize others to use,” any work developed under the resulting contract. Contractor will represent and warrant that any work produced will be free of any claim of any third person or entity based on patent or copyright infringement, trade secret misappropriation, or otherwise. Section 11 Oral Presentations Upon reviewing the written presentations, qualified selected bidders will be required to make an oral presentation, not to exceed 45 minutes. Those qualified selected bidders will be notified of the date and time of the oral presentation. Presentations should include radio spots and/or web-based advertising, etc. developed in line with the scope of this RFP. At the end of the 45 minutes, a period of 15 minutes will be provided for the Evaluation Committee to ask questions. Section 12 Scope of Project In an effort to improve efficiency within the NHOHS, provide consistency regarding NHOHS’s public information and awareness efforts, and improve strategic planning for and evaluation of NHOHS’s

education and communication efforts, the NHOHS wishes to contract with one radio entity to handle all elements of public awareness communications for the NHOHS. These efforts may include, but shall not be limited to, the following:

• Reviewing NHOHS’s current marketing plan and strategies and make recommendations for improvements

• Conducting market research for existing and future Public Information and Education (PI&E) campaigns

• Evaluating current and future PI&E campaigns • Evaluating NHOHS’s current communications materials and making recommendations for

changes • Creating, developing and implementing all PI&E media campaigns needed by NHOHS in a given

federal fiscal year. The NHOHS media campaigns’ target audiences are:

• Teen drivers ages 16-19 • All drivers ages 18-40+ • Drivers over age 50 • Aggressive/distracted/speeding/impaired drivers (i.e. alcohol and/or drug, cell phones/texting,

move over law, etc.) • Drivers who do not use occupant protection (seat belts) including pickup truck drivers • Motorcycle riders • Minority populations

Section 13 Objectives 13.1 RFP-Derived Contract Objectives The objectives of the contract resulting from this RFP are:

• To provide consistency among NHOHS’s PI&E campaigns. • To implement strategies for evaluating PI&E campaigns. • To create a realistic and effective marketing and communications strategy for NHOHS, which

should also take into consideration elements of the national Communications Plan developed by the National Highway Traffic Safety Administration (NHTSA).

• To incorporate market research into the development of NHOHS’s PI&E campaigns in order to more effectively reach target populations.

• To develop and produce effective public information/communication materials for continuous public education.

• Help develop report of past performance and information to be utilized for Highway Safety Plan. 13.2 PI&E Campaign Objectives The bidder who is awarded a contract will be required to create PI&E campaigns that are designed to achieve the following objectives:

• To influence movement toward a sustained cultural change in the way drivers think about highway safety

• To educate drivers about the consequences of their actions • To impart a sense of responsibility and accountability to individual drivers

Section 14 Bidder Requirements

In order to be eligible to submit a proposal in response to this RFP, the bidder must demonstrate and meet the following minimum requirements: • Have experience with statewide media planning and coverage • Have experience working with several media platforms (digital, radio, television) • Have experience handling several different media campaigns in one time period • Have experience with tracking and measuring performance metrics within each campaign • Must be able to provide analytics for all radio and digital campaigns. Is there a plan to have a

different entity measure effectiveness? Section 15 Duties of Awarded Bidder The bidder who is awarded the contract will be responsible for the following duties:

• Develop a media campaign that focuses on the priorities established in the NHOHS Highway Safety Plan, specifically in four major areas: safety belt usage, impaired driving, speeding, motorcycle safety, and distracted driving. A copy of the Highway Safety Plan can be obtained from the NHOHS website at www.nh.gov/hsafety.

• Develop a key message for each priority area of the media campaign. • Compose, working in step with the NHOHS Public Information Officer (PIO), a year-long PI&E

media plan. This plan will include estimates of timelines for specific campaigns that will run, estimated costs to purchase air time, and planned collaboration with NHTSA’s media campaigns. NHTSA’s national media buy includes paid PSAs scheduled to run in New Hampshire’s larger media markets. NHTSA’s paid media will serve as a complement to the substance of NHOHS’s earned and paid media campaigns.

• Develop, working in step with the NHOHS PIO, a media timeline for when all dedicated media campaigns will occur, when key messaging will occur, and ensure all media buys include time during the national and statewide campaigns throughout the year. Included in the media timeline should be NHTSA’s enforcement mobilizations and public information campaigns.

• Develop and prepare all media, if applicable, (television, radio, newspaper, etc.) for all campaigns upon request from the NHOHS Coordinator.

• Be responsible for the planning, production, and placement of media buys, and execution of all media campaigns.

• Ensure that media outreach efforts include radio and digital. In addition, non-traditional outreach should be included as an important component of the media campaign.

• Work to develop new media public service announcements for the various target audiences. • Develop a media report that includes performance measures corresponding to agreed-upon

deliverables by 10/31/20 for the annual report. This report is compliant with all state & federal requirements within the contract between State and vendor.

• Prepare a pre and post online survey about audience knowledge of highway safety initiatives to guage effectiveness of year-long media campaigns.

Section 16 Preparing to Submit a Bid

At a minimum, the following tasks must be undertaken when preparing to submit a bid on this project:

• Review NHOHS’s FY2019 Highway Safety Plan (HSP). This will provide bidders with an overview of the NHOHS goals and top priority areas. It will also provide information on how NHOHS works with various partners in the law enforcement and safety communities to address these priority areas. A copy can be obtained from the NHOHS website at www.nh.gov/hsafety.

• Review NHOHS’s 2018 Annual Report. This will give bidders another look at NHOHS’s priority areas, goals, whether or not the goals were met, and the campaigns that have been conducted in a given year in an effort to impact NHOHS’s priority areas. A copy can be obtained from the NHOHS website at www.nh.gov/hsafety.

• Review information contained on NHOHS’s website at www.nh.gov/hsafety. This will provide bidders with more background information on what NHOHS does and how the work is completed.

• Review NHTSA’s 2019 Communications Calendar to determine priority areas and how they overlap with NHOHS’s priority areas found in the Highway Safety Plan and Annual Reports. The Calendar can be found on the NHTSA website at http://www.trafficsafetymarketing.gov/index.cfm; click on “Marketing Calendar” on the right-hand navigation panel. Review the other information on this website to learn about the national campaigns including motorcycle awareness, speeding, impaired driving, occupant protection, and distracted driving. Dates and types of messaging needs to be in line with high-visibility enforcement (HVE) periods found on the NHTSA Communications Calendar. Those HVE periods are known as National Enforcement Mobilizations.

Section 17 Proposal Format

Bidders shall ensure that all information required herein is submitted with their proposal. Provision of inaccurate information or failure to provide all information required may be sufficient cause for rejection of the proposal or rescission of an award. Bidders should be mindful of the Evaluation Criteria that are indicated in Section 18 of this RFP and shall provide information in the proposal that will permit an objective evaluation thereof.

Proposals shall be typed and submitted on 8.5 by 11 inch paper and bound securely. An electronic copy of the proposal shall also be submitted with the proposal packet.

Each proposal submission must be organized in the following fashion.

• Cover Letter Each proposal will include a cover letter on the letterhead of the bidder or bidder’s organization submitting the proposal. The bidder’s name, address, phone number and e-mail address shall be contained in the cover letter, as well as the name and contact information for the account manager/point of contact for this RFP. The cover letter shall briefly summarize the bidder’s ability to provide the products specified in the RFP and any other value-added services(s) not specifically requested. A representative who has the legal capacity to enter the organization into a formal contract with NHOHS must sign the cover letter.

• Tab 1: Table of Contents • Tab 2: Description of Proposed Effort

Include a general description of the proposed effort the bidder will set forth when providing the services required in this RFP. The narrative should follow a logical order, and include any innovative ideas the bidder would implement to manage all of NHOHS’s PI&E campaigns.

• Tab 3: Work Plan

Describe specifically how the objectives listed in Section 13.1: RFP-Derived Contract Objectives, and Section 13.2: PI&E Campaign Objectives, will be achieved through a logical, innovative and rational work plan. Additional objectives are permitted; however, reasons for the additions should be fully explained. The work plan should include a detailed plan for evaluation, the use of market research that is preferred, preferred formats of paid media advertising including any innovative methods for reaching teens such as web-based advertising (highlight any experience in this area), as well as any information on tailoring campaigns to address differences in driving behavior among New Hampshire’s varied driver groups.

• Tab 4: Bidder Requirements

Respond to Section 14: Bidder Requirements. Provide a point-by-point response to each mandatory requirement specified in that section. Responses to Bidder Requirements must be in a bulleted list in the same sequence as they appear in that section. If additional functions or services over and above those presented in the Bidder Requirements are proposed, those items should be clearly labeled as “Additional Experience”.

• Tab 5: Bidder Qualifications and References

Describe the bidder’s background and experience (including the number of years the corporation has been in existence) and capabilities providing similar services as those required in this RFP. Provide a list of two to four clients (including contact information so that they may be contacted by the NHOHS) with whom the bidder has done business in the last five years that is similar to that required in this RFP, preferably clients who requested traffic safety-related work.

• Tab 6: Schedule

Include a schedule outlining the start of PI&E campaign, formulations, media plan implementation, and any other relevant milestones.

• Tab 7: Bidder’s Team Qualifications and Accomplishments

Provide an organizational chart including all staff (i.e. account executives, creative, public relations, media, accounting, etc.) and identify the key staff the bidder’s firm will assign to fulfill the contract requirements. Include resumes and other pertinent background information for each member of the bidder’s firm who will be assigned to this project. The bidder must describe how the team members' academic, professional and/or educational experiences relate to the project to be undertaken. Other accounts that bidding firms are working on or anticipate working on must not interfere with the firm’s ability to complete any project for NHOHS. The amount of time each team member expects to devote to this project should be listed in the proposal. Additionally, each bidder must

designate one person to be the Account Manager of this RFP. This person will be the primary point of contact with NHOHS if they are the successful bidder. The consultant team should possess research and strategic planning skills, as well as considerable in-depth and hands-on experience in the creation and implementation of PI&E campaigns. Experience in the area of traffic safety is preferred. Provide a list and description of all services the bidder offers in house, and services that the bidder typically outsources.

• Tab 8: Samples of Client Creative

Bids should contain examples or sample products of any relevant campaigns, publicity, advertising, and public relations skills, as well as implementation skills, and any other applicable documentation. Include samples of creatives that are representative of the style of work the bidder does for his or her clients. Preferred samples should be one of the clients listed in Tab 5: Bidder Qualifications and References, and include the campaign and results achieved including 5-7 samples of radio and digital advertising. Include contact information (client’s name, company name, address, and telephone number) and a brief description of the project.

Briefly describe any contracts that were terminated and why. NHOHS will determine which, if any, references are contacted. The results of any reference checks will be provided to the Evaluation Committee and used when scoring the written proposal. The Evaluation Committee will use these samples to determine if such work would be appropriate for use by NHOHS. Please highlight any experience the bidder has producing materials for non-English speaking audiences, and provide samples of it.

• Tab 9: Work Plan

Upon completion of Section 16: Preparing to Submit a Bid, provide a tentative work plan to meet NHOHS’s communication and public information needs for a twelve-month period. The plan should include how the bidder plans to incorporate market research and evaluation.

• Tab 10: Federal Funding Accountability and Transparency Action. The “Sub-Recipient Information Reporting Form” (Appendix A) must be completed and submitted with the proposal

• Price Proposal

The price proposal shall be provided in a separately sealed envelope. Prices shall be outlined for all required items. Prices for optional items, which may be proposed, shall be itemized separately from mandatory items. Each proposal will be evaluated for all other criteria, and then costs shall be evaluated independently. NO MENTION OF PRICE SHALL BE INCLUDED IN OTHER SECTIONS OF THE PROPOSAL. A signature page must be included with the price proposal stating, “I certify that all of the information contained in this price proposal to be true and accurate.”

Section 18 Proposal Submission

A SIGNED original and 3 copies of the proposal must be clearly marked with the Bidder’s return address and the notation: “Proposal: NH Office of Highway Safety, Radio and Digital Campaign” and delivered to the NH Office of Highway Safety, 33 Hazen Drive, Room 208, Concord, NH 03305 no later than 2:00 PM local time on the proposal due date presented in Section 1.3, at which time and place they will be opened. Only proposals actually received at 33 Hazen Drive, Room 208, prior to the stated time will be considered. The State assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT suffice. Faxed or emailed proposals will not be accepted. Proposals received after the 2:00 PM deadline will be rejected, without exception.

Section 19 Evaluation Criteria

The Evaluation Committee will consist of members who have been selected because of their special expertise and knowledge of the service(s) and/or products that are the subject of this RFP. Bidders may not contact members of the Evaluation Committee unless requested to do so by the NHOHS.

The proposals will be initially reviewed to determine if mandatory requirements are met. Failure to meet mandatory requirements shall result in the proposal being rejected. In the event that all bidders do not meet one or more of the mandatory requirements, NHOHS reserves the right to continue the evaluation of the proposals which most closely meet the mandatory requirements of this RFP.

In analyzing Proposals, NHOHS will follow the review protocol for the consensus model of scoring; see below for a description of each scoring category. Proposals will then be ranked according to their total scores. The range of possible point scores for each proposal is 0 to 100, with each of the categories broken down as follows: Soundness & Innovativeness of Approach 20 pts. Implementation 30 pts.

Cost 25 pts. Samples of Creative Work 10 pts. Personnel & Research Organization Qualifications 15 pts.

Proposals will be evaluated on the following weighted criteria: • Soundness and Innovativeness of Approach (20 points) Based on the bidder’s proposal in Tab 2: Description of Proposed Effort. The emphasis is on the sequence and relationships of major steps, and methods for managing the work. Proposals should reflect anticipated problems if any, contingencies, etc., and ability to succeed. Of particular importance will be the bidder’s ability to utilize a creative and innovative approach to produce the most comprehensive and complete product possible. • Implementation (30 points)

Based on the bidder’s proposal in Tab 3: Work Plan. The panel will evaluate the bidder’s methods for putting described efforts into practice, the practicality of the anticipated results, and the soundness of measuring and analyzing results. • Cost (25 points) Based on the bidder’s proposal in the Price Proposal. While the proposal may be awarded to the successful bidder based on criteria, which do not include price; the Evaluation Committee will consider cost as a factor in the awarding of the contract. Specifically, the Evaluation Committee will look at how much of each budget is allocated for account management versus the actual product such as media buys, and how much is allocated toward market research and evaluation. The Evaluation Committee will not look favorably upon disproportionate amounts of the budget going toward account management. • Samples of Creative Work (10 points) Based on the bidder’s proposal in Tab 8: Sample of Client Creative. The Evaluation Committee will evaluate samples of creative to determine if the style is appropriate for use by NHOHS. • Personnel and Research Organization Qualifications (15 points) This is based on the bidder’s proposal in Tab 7: Bidder’s Team Qualifications and Accomplishments. Evaluations are based on the qualifications of proposed personnel measured by education and experience, with particular reference to experience on work similar to that described in the RFP. The bidder’s firm will be evaluated based upon the capability of the bidder to meet the terms of the RFP, experience with using evaluation tools and market research in campaigns, plus the related studies or projects recently completed by the bidder’s organization that demonstrates expertise in accomplishing similar work. Section 20 Contract Award Once scores are final, the contract award will be made to the bidder whose proposal receives the Evaluation Committee’s highest score. Written notification of the award decision will be sent to all bidders who submitted proposals, and will be conditional pending the approval of the State Purchases Review Committee.

Section 21 Costs of Preparation

Bidder assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.

Section 22 Proposal Understanding

By submitting a proposal, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions to these terms and conditions should be noted in the proposal. The State reserves the right to reject any or all proposals based on the exceptions presented, without obligation to communicate or negotiate with the bidder.

Section 23 Proposal Validity

Unless specified otherwise, all proposals shall be valid for 180 business days from the proposal due date.

Section 24 Contract Document The successful bidder will be required to enter into a standard State of New Hampshire Agreement to Purchase Services (Form Number P-37, Version 05/15), a blank copy of which is attached to this RFP (Appendix A). Submission of a proposal in response to this RFP will be understood as a bidder’s understanding and acceptance of the terms in pages 1-4 of the P-37 and Exhibits A (The Scope of Services), B (Invoicing and Payment), and C (Special Provisions) of that standard contract. The successful bidder, at the time of contracting, shall be required to provide proof of adequate levels of insurance, proof of being in good standing with the New Hampshire Secretary of State’s Office, and shall provide a certificate of authority for the individual executing the contract on behalf of the corporate entity.

Section 25 Contract Term

The initial contract term shall be for a period of up to two years, commencing upon approval of the contract document by the State, including the New Hampshire Governor and Council. At NHOHS’s discretion, the contract may be renewed for up to one additional two-year period with the option to renew for an additional two-year period upon the approval of the New Hampshire Governor and Executive Council.

Section 26 Confidentiality and Disclosure of RFP Information

The information contained in proposals submitted for the State’s consideration will be held in confidence until all evaluations are concluded and the award notification has been made. According to State procurement law, the content of all proposals, correspondence, addenda, memoranda, working papers, or any other medium which discloses any aspect of the request for proposals process will be considered public information when the award decision is announced. This includes all proposals received in response to this RFP, both the selected proposal and the proposal(s) not selected, and includes information in those proposals that a bidder may consider to be proprietary in nature. Therefore, the State makes no representation that it can or will maintain in confidentiality of such information.

Section 27 Revision of Request for Proposals

Revision of Request for Proposals: The State alone may elect to amend this RFP prior to the proposal due date. If it is necessary to revise any part of this RFP, an amendment will be posted to the Department of Administrative Services website. In no case will the RFP be amended within fourteen (14) days of the proposal due date, unless the amendment includes an extension of time to allow seven (7) days between the amendment and the proposal due date. The department will not be responsible for any additional costs incurred as a result of said changes in the RFP. Section 28 Cancellation of Procurement NHOHS reserves the right to cancel this procurement at any time, and not to enter into any agreement with any bidder. Bidders shall have no right to recover any damages, costs, or other expenses of any kind, including, but not limited to, proposal preparation costs, which result directly or indirectly from cancellation of this procurement, or the decision not to enter into any agreement with the bidder. Section 29 Rejection of Proposals

Nothing in this RFP shall prevent NHOHS from rejecting proposals that do not conform to the requirements of this RFP.

END OF SECTIONS

APPENDICES

APPENDIX A

FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT

SUB-RECIPIENT INFORMATION REPORTING FORM

(It is recommended this form be completed by your grant administrator or chief financial officer.) Section I MUST be completed by applicants seeking federal funding assistance from the NH Highway Safety Agency.

SECTION I. AGENCY/INSTITUTION NAME & ADDRESS Name:

Address:

City: State: Zip Code: ________-_______ (9 digits required)

Sub-Recipient DUNS Number:

Sub-Recipient MPIN Number (CCR Registration Number) (applies to non-government agencies):

Section II MUST be completed if this application seeks federal funds totaling $25,000.00 or more.

SECTION II. SUB-RECIPIENT REVENUE INFORMATION

Sub-Recipients Annual Gross Revenues Exceeded 80 percent or more in Federal Awards

Yes

No

Sub-Recipients Annual Gross Revenues Equal or Exceed $25,000,000. in Federal Awards

Yes

No

Sub-Recipient’s 5 Most Highly Compensated Officers

Officer Names

Officer Compensation

1.

2.

3.

4.

5.

Comments PREPARED BY: DATE: Name:

Title:

Telephone: Email:

HS-21 (10/10) INSTRUCTIONS ON REVERSE SIDE

(OVER)

Instructions for Completing Sub-Recipient Information Reporting Form Agency/Institution Name & Address

• Please give the name and address for the agency or institution receiving the federal funding • Do not give a name and address of an individual’s name working at the agency or institution

Sub-Recipient DUNS Number

• The DUNS number is a unique nine-character number that identifies your organization. It is a tool of the federal government to track how federal money is distributed. Most large organizations, libraries, colleges and research universities already have DUNS numbers. Ask your grant administrator or chief financial officer to provide your organization’s DUNS number.

• If your organization does not have a DUNS number, use the Dun & Bradstreet (D&B) online registration to receive one free of charge: http://fedgov.dnb.com/webform

• For more information on DUNS numbers, please visit the federal government’s grant administration website: http://www.grants.gov/applicants/org_step1.jsp

Sub-Recipient MPIN/CCR Number (applies to non-government agencies)

• The Central Contractor Registration (CCR) is a web-enabled government-wide application that collects, validates, stores and disseminates business information about the federal government’s trading partners in support of the contract award, grants, and the electronic payment process.

• If your non-government agency or institution does not have a CCR number, please register at the following website: https://www.bpn.gov/ccr

Sub-Recipient Annual Gross Revenues Exceed 80 Percent or more in Federal Awards

• Please check “yes” if, in the preceding fiscal year, your agency or institution received 80 percent or more of its annual gross revenues in federal awards.

• Please check “no” if, in the preceding fiscal year, your agency or institution did not receive 80 percent or more of its annual gross revenues in federal awards.

Sub-Recipient Annual Gross Revenues Equal or Exceed $25,000,000. in Federal Awards

• Please check “yes” if, in the preceding fiscal year, your agency’s or institution’s annual gross revenues equaled or exceeded $25,000,000. in federal funds.

• Please check “no” if, in the preceding fiscal year, your agency’s or institution’s annual gross revenues did not equal or exceed $25,000,000. in federal awards.

Sub-Recipient Highly Compensated Officers

• If you checked “no” in the two boxes above, then this information is not required. • If you checked “yes” in the two boxes above, and if the public does not have access to this information

through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78m(a), 780(d) ), or Section 6104 of the Internal Revenue Code of 1986, then please list the names and compensation amounts of the five (5) most highly compensated employees within your agency or institution.

Comments

• This is not a required filed. Please feel free to add any comments you feel are necessary to fully explain your answers in the above fields.

EXHIBIT A

THE SCOPE OF SERVICES

EXHIBIT B

INVOICING AND PAYMENT

EXHIBIT C

SPECIAL PROVISIONS

22.1 Reports and Meetings. In order for the Agency to assess the advertising campaign in accordance with federal guidelines governing the use of “Section 402 Funds for Purchasing Advertising Space”, the Contractor agrees to provide the Office of Highway Safety with a final report indicating attendance numbers, including any available attendance data (i.e. gender, age, special group information, etc.) for each of the home games, as well as data relative to participants in the between-inning contests. 22.2 Audit. (YOUR COMPANY) agrees to provide the Office of Highway Safety with a copy of its Annual Report which includes the time period covered by this Agreement. The State of New Hampshire reserves the right to have its Legislative Budget Assistant review any work papers. 22.3 Contract Credit All publications, public information or publicity released in conjunction with this contract shall state that such is “funded by the Office of Highway Safety”. 22.4 Copyrights The Office of Highway Safety, representing the Federal awarding agency and the State of New Hampshire, reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal and State Government purposes: (a) The copyright in any work developed under this Contract under a grant or subgrant; and (b) Any rights of copyright to which the Contractor purchases ownership with grant support. (US Department of Transportation Common Rule, March 11, 1988) 22.5 The Contractor shall not be liable for any costs incurred by the Office of Highway Safety as a result of rejected copy or changes after approval by the Office of Highway Safety. 22.6 If a dispute arises between the Contractor and the Agency as to whether Advertising Services and/or between-inning contests were provided, detailed documentation (display schedules, between-inning schedules and reports, dated photographs, etc.) from the Contractor will be evidence that the Services were provided during the home game(s) on the dates shown on that documentation. 22.7 The Office of Highway Safety and the Contractor represent that with respect to all copy and illustrations supplied by the Office of Highway Safety or the Contractor or their respective employees to the Contractor for the preparation of the advertisement will: a) be true and correct in every respect; b) not be, nor contain anything that is defamatory of any person; c) not be, nor contain anything that is indecent or obscene;

d) not breach, nor contain anything that breaches the copyright, trademark or other intellectual or commercial property rights of any person or which constitutes passing off of the Office of Highway Safety or its goods or services; and

e) not contain nor constitute a statement that is misleading or deceptive or likely to be mislead; and f) not breach, nor contain anything that breaches the misappropriation and rights of publicity/likeness of an individual for one’s own use or unauthorized purpose, without that person’s permission 22.8 Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The contractor certifies, by submission of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation is this transaction by any Federal department or agency.

SPECIAL PROVISIONS CONTINUED

(THIS FORM FOR STATE USE ONLY)

Awarding Agency: Office of Highway Safety (OHS) Federal Awarding Agency: National Highway Traffic Safety Administration (NHTSA), US DOT NHTSA Region 1 55 Broadway, RTV-8E Cambridge, MA 02142 FAIN Number: Project Title & Number: Funding Source; PSP & Task Duns #: Award Title: Catalog of Federal Domestic Assistance (CFDA) Number: Is This a Research and Development Project (Yes or No): In Kind Match: In Kind Match to support this project shall be met using advertising or related work.

Awarding Agency: Office of Highway Safety (OHS) Federal Awarding Agency: National Highway Traffic Safety Administration (NHTSA), US DOT NHTSA Region 1 55 Broadway, RTV-8E Cambridge, MA 02142 FAIN Number: Project Title & Number:

Funding Source; PSP & Task Duns #: Award Title: Catalog of Federal Domestic Assistance (CFDA) Number: Is This a Research and Development Project (Yes or No): In Kind Match: In Kind Match to support this project shall be met using advertising or related work.

U.S. Department of Transportation/NHTSA Grant Conditions: As a result of participating in Federal highway safety grant programs administered by National Highway Traffic Safety Administration (NHTSA) and the US Department of Transportation (USDOT), highway safety subrecipients are required to comply with the following documents:

• Subrecipients agree to comply with all applicable elements of NHTSA Highway Safety Grant Funding Guidance dated August, 2015 and found at the following Web link.: https://www.nhtsa.gov/highway-safety-grants-program/resources-guide. Subrecipients should pay particular attention to the sections on (1) allowable costs for equipment, travel, training, and consultant services; and (2) unallowable costs for equipment, facilities and construction, training and program administration.

• Subrecipients agree to comply with all applicable elements of 2 CFR 200 - the Uniform Administrative Requirement for Grants, Cost Principles, and Audit Requirements as promulgated by the U.S. Department of Transportation. This document is found at the following Web link https://www.nhtsa.gov/highway-safety-grants-program/resources-guide.

• Subrecipients agree to comply with all applicable Federal basic and incentive grant program requirements as outlined in the Highway Safety Grant Management Manual found at the following Web link: https://www.nhtsa.gov/highway-safety-grants-program/resources-guide. This document provides information on each of the grant programs.

The following additional provisions apply to highway safety subrecipients as a result of certifications and assurances provided to NHTSA by State Highway Safety Offices in their Highway Safety Plan:

• Federal Funding Accountability & Transparency Act (FFATA). Data Universal Numbering System (DUNS) Numbers Requirement. As the recipient of federal highway safety funds, the applicant agency must have a DUNS number. This is a unique nine-character number that identifies the applicant agency and is used by the federal government to track how federal funds are distributed. If the applicant agency is authorized to make sub-awards under this contract, it must: 1) notify potential sub-recipients that no entity may receive a sub-award unless that entity has provided the applicant agency with its DUNS number; and 2) the applicant agency may not make a sub-award to an entity unless the entity has provided its DUNS number to the applicant agency. (https://fedgov.dnb.com/webform)

Appendix A to Part 1300— Certifications and Assurances for Highway Safety Grants (23 U.S.C.) NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (‘‘Federal Nondiscrimination Authorities’’). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681–1683 and 1685–1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100–209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms ‘‘programs or activities’’ to include all of the programs or activities of the Federal aid recipients, subrecipients and

contractors, whether such programs or activities are Federally-funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131–12189) (prohibits discrim- ination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087–74100). The State highway safety agency— • Will take all measures necessary to ensure that no person in the United States hall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance; Agrees to comply (and require any of its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimi- nation Authority; Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non- Discrimination Authorities and this Assurance; Insert in all contracts and funding agreements with other State or private entities the following clause: ‘‘During the performance of this contract/funding agreement, the contractor/funding recipient agrees—

a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law

or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by

the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this

contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and

e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501–1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

• No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

• If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions.

• The undersigned shall require that the language of this certification be included in the award documents for

all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States)

• None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., ‘‘grassroots’’) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Certification (States)

1. By signing and submitting this proposal, the prospective primary participant is providing the certification

set out below and agrees to comply with the requirements of 2CFR parts 180 and 1300. 2. The inability of a person to provide the certification required below will not necessarily result in denial of

participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 2 CFR part 180. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled ‘‘Instructions for Lower Tier Certification’’ including the ‘‘Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,’’ provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1300.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered

transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions

1. The prospective primary participant certifies to the best of its knowledge and belief, that its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2CFR parts 180 and 1300.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the

department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 2 CFR part 180. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled ‘‘Instructions for Lower Tier Certification’’ including the ‘‘Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,’’ without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1300.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

• Cash Management: Cash draw-downs will be initiated only when actually needed for disbursement (i.e., as close as possible to the time of making disbursements). Cash disbursements and balances will be reported in a timely manner as required by NHTSA. 2 CFR Part 200.305.

For subrecipients, recipients must establish reasonable procedures to ensure the receipt of reports on subrecipients’ cash balances and cash disbursements in sufficient time to enable them to prepare complete and accurate cash transactions reports to the awarding agency. Recipients must monitor cash draw-downs by their subrecipients to assure that they conform substantially to the same standards of timing and amount as apply to advances to the recipients. 2 CFR 200.305. Failure to adhere to these provisions may result in the termination of draw-down privileges.

Office of Management and Budget Grant Conditions: The following documents issued by the Office of Management and Budget (OMB) apply to all Federal grants regardless of the Federal Department making them available:

• Audit Requirement of Federal Funds : 2 CFR part 200, subpart F (formerly known as OMB Circular A-133) – These requirements apply to each non-profit organization, each institution of higher education, and local governments as a whole when they or one of their departments receives federal funds. Any non-profit organization, institution of higher education, or local government spending more than $750,000 in federal funds from all sources within a 12-month period must have an audit performed on the use of the funds. OGR defines the 12-month period as July 1 to June 30. The following link provides the full text of this basic federal grant requirement: https://www.nhtsa.gov/highway-safety-grants-program/resources-guide.

• Cost Principles for Federal Grants to State and Local Governments o 2 CFR 200 subpart E – These requirements apply only to state and local government subrecipients.

These regulations list and define general categories of costs that are both allowable and unallowable. Examples include the following:

o The cost of alcoholic beverages is unallowable. o Costs incurred by advisory councils are allowable. o Audit costs are allowable. o Compensation costs are allowable so long as they are consistent with that paid for similar work in

other activities of the local government. o Entertainment costs are unallowable. o Equipment costs are allowable with the prior approval of the HSO. Equipment having a useful life of

more than one year or a current per-unit fair market value of $5,000 or more must be tracked. When replacing equipment purchased with federal funds, the equipment to be replaced may be used as a trade-in or can be sold with the proceeds used to offset the cost of the replacement equipment. In addition, during the period of the contract with HSO, insurance on the equipment is allowable.

o Travel costs are allowable if pre-approved by the HSO and so long as they are consistent with those normally allowed in like circumstances for non-federally funded activities.

• Cost Principles for Federal Grants to Non-Profit Organizations and Institutions of Higher Education - These requirements apply to only the non-profit and higher education sub recipients. These document list and define general categories of costs that are allowable and unallowable. The links below provide the full text of these two basic federal grant requirements. o 2 CFR 200 subpart E

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

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

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

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

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

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

Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See §200.322 Procurement of recovered materials.

I understand that failure to comply with applicable Federal statutes and regulations may subject State officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 2 CFR 200. I sign these Certifications and Assurances based on personal knowledge, after appropriate inquiry, and I understand that the Government will rely on these representations in awarding grant funds. Authorized Contract Signatory: ______________________________________________ Date: ________________________

CERTIFICATE FROM

NEW HAMPSHIRE SECRETARY OF STATE

(CERTIFICATE OF GOOD STANDING)

Document from the NH Secretary of State showing vendor is currently registered to do business and is in good standing with the State of New Hampshire

CERTIFICATE (CERTIFICATE OF VOTING AUTHORITY)

I, ________________________________, Clerk/Secretary of ___________________________________ do hereby certify that: (1) I maintain and have custody of and am familiar with the seal and minute books of the corporation; (2) I am authorized to issue certificates with respect to the contents of such books and to affix such seal to such certificates; (3) the following (is a) (are) true and complete copy(ies) of the resolution(s) adopted by the board of directors of the corporation at a meeting of that board on ________________________, 19____, which meeting was held in accordance with the law of the state of incorporation and the by-laws of the corporation: (4) the following is a true and complete copy of a by-law adopted at a (shareholders) (organizational) meeting on _________________________, 19____: (5) the foregoing resolution(s) or by-laws are in full force and effect, unamended, as of the date hereof; and (6) the following person(s) lawfully occupy the office(s) indicated below, as of the date hereof: ___________________________________________________________ President ___________________________________________________________ Vice-President ___________________________________________________________ Treasurer/Clerk/Secretary IN WITNESS WHEREOF, I have hereunto set my hand as the Clerk/Secretary of the Corporation this ____________________ day of ____________________, 19____.

__________________________________________________ (Corporate Seal, if any) Clerk/Secretary (If the corporation has no seal, the Clerk/Secretary shall acknowledge the certificate before an authorized officer below.) STATE OF NEW HAMPSHIRE COUNTY OF ______________________________ On ____________________, 19____, before the undersigned officer personally appeared the person identified in the foregoing certificate, known to me (or satisfactorily proven) to be the Clerk/Secretary of the corporation identified in the foregoing certificate and acknowledged that s/he executed the foregoing certificate. In witness whereof I hereunto set my hand and official seal.

__________________________________________________ Notary Public/Justice of the Peace

INSURANCE CERTIFICATE

Proof of comprehensive general liability insurance and workers compensation insurance (Form P37, Section 14, Insurance)