1-2889 Specifications - FINAL.pdf

DENTON COUNTY, TEXAS

INVITATION TO BID

BARRICADES

ITB #25-2889

INVITATION TO BID

DENTON COUNTY, TEXAS

BARRICADES

ITB #25-2889

I. GENERAL CONDITIONS

A. PURPOSE: It is the intent of these specifications to describe the minimum requirements in sufficient detail to secure comparable bids. All equipment and accessories catalogued as standard shall be included as part of this specification. All plans, prints, designs, concepts, etc. shall become the property of Denton County.

B. INSTRUCTIONS: Bidders may submit bids electronically by completing the Bid Table, at Denton County’s Bonfire Portal, powered by Euna Procurement. If submitting electronically, do not submit paper documents. Refer to Exhibit A for Bonfire submittal instructions and Exhibit B for paper submittal instructions. If you choose to submit in hard copy, submit one original paper copy of your bid to the office of the Director of Purchasing:

DENTON COUNTY PURCHASING DEPARTMENT

1 COURTHOUSE DRIVE, SUITE #2300

DENTON, TEXAS 76208

In the event of inclement weather and County Offices are officially closed on a Bid opening day, Bids will be received prior to 2:00 p.m. of the next business day, at which time said Bids will be publicly opened.

Bids shall be received prior to: 2:00 PM, April 23, 2026.

Paper bids shall be placed in a sealed envelope, properly identified with bid number, bid name, company name and manually signed in ink by a person having the authority to bind his firm in a contract.

C. SPECIFICATIONS: Each bidder shall be held to have examined the specifications and/or areas and premises under consideration and confirm full understanding of these specifications and the County's needs, and that they are aware of all factors relating to the requirements contained in these specifications. Vendors shall be familiar with Denton County roadway types (Rural, Suburban, Unincorporated) due to deployment variability.

D. ERRORS AND AMBIGUITIES: It is the Bidder’s responsibility to promptly notify the County Director of Purchasing of all conflicts, errors, ambiguities, or discrepancies which vendor has discovered in the bid specifications or between the contract documents and such other related documents 10 days prior to bid opening.

E. BID ANALYSIS: The bid analysis will include compliance to bid specifications, maintenance plans, past performance with vendor, warranty, references, delivery time and the overall cost to Denton County. Denton County reserves the right to consider deviations from these specifications.

F. FUNDS AVAILABILITY: Award of contract and any subsequent renewals will be contingent on availability of Denton County funds.

G. REFERENCES: References shall be included on the attached Vendor References form.

Three current customers with a comparable purchase shall be listed with complete name, address, telephone number, contact person, contract period and scope of work.

H. CONFLICT OF INTEREST: No public official shall have any interest in this contract, except as permitted by and subject to the disclosure requirements of Vernon's Texas Codes Annotated, Local Government Code, Title 5, Subtitled C, Chapter 171.

I. CONTRACT: Bids must be submitted electronically through https://dentoncounty.bonfirehub.com or by downloading the bid table, which will constitute a contract equally binding between the bidder and Denton County if awarded by the Commissioners Court of Denton County, Texas.

J. DEFECTIVE ITEMS: Items supplied under this contract shall be subject to the County's approval. Items found defective or not meeting specifications shall be picked up and replaced by the successful bidder within 24 hours at no expense to the County.

Replacement must include delivery ticket plus photo of replacement unit for documentation. If item is not picked up within one (1) week after notifications, the item will become a donation to the County for disposition.

K. DELINQUENT PROPERTY TAXES: Denton County reserves the right to reject any bid submitted by a Vendor owing delinquent property taxes to Denton County.

L. ACCEPTANCE: No money will be paid to the contractor until completion and acceptance of the work or the fulfillment of the purchase obligation to the County.

M. TERMINATION OF CONTRACT: This contract shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by either party with thirty (30) days written notice prior to any cancellation. The successful bidder must state therein the reasons for such cancellation. Denton County reserves the right to award cancelled contract to next lowest and best bidder as it deems to be in the best interest of the County.

N. NON-PERFORMANCE: Continuing non-performance of the bidder in terms of specifications shall be basis for the termination of the contract by the County. The County shall not pay for work, equipment or supplies which are unsatisfactory.

Vendors will be given an opportunity at Denton County’s discretion before termination, to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance.

https://dentoncounty.bonfirehub.com/

O. TERMINATION FOR DEFAULT: Denton County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of this contract.

Denton County reserves the right to terminate the contract immediately in the event the successful bidder:

1. Fails to meet schedules.

2. Defaults in the payment of any fees; or

3. Otherwise fails to perform in accordance with these specifications.

P. DELIVERY: If a delivery delay is foreseen, the Contractor shall provide written notice to the Director of Purchasing. The County reserves the right to extend the delivery date if the reasons are deemed valid. The Contractor must keep the County informed at all times regarding the status of the order. Failure to meet the promised delivery schedule (without accepted justification) or failure to meet specifications— including during emergency road-closure scenarios—shall authorize the County to procure the required supplies from alternative sources to maintain operations and charge any resulting increase in cost and handling to the defaulting Contractor.

Q. AVAILABILITY: It is expressly understood and agreed that in case Denton County should need any item(s) not available within the time frame needed from the successful vendor during the term of this contract and/or during a disaster declaration, Denton County reserves the right to purchase these items from other than the successful vendor and shall not be in violation of any terms or conditions of said Contract. Further, Denton County reserves the right to seek another vendor if, at any time, vendor's prices do not conform to public pricing.

R. FUNDING: Funds for payment have been provided through the Denton County budget approved by the Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Denton County fiscal year shall be subject to budget approval. In addition, the Vendor shall be responsible for maintaining all records and documentation necessary to support any applicable federal reimbursement requirements and shall make such records available to the County upon request.

S. SILENCE OF SPECIFICATION: The apparent silence of the specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

T. ACCEPT OR REJECT: Bidders may bid on all or any part of this bid. The County reserves the right to accept or reject all or any part of any bid and award by part or total bid.

U. DISCLOSURE OF CERTAIN RELATIONSHIPS: Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of Denton County no later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed as defined in 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. A copy of the law is available at:

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm. The forms for reporting are available online.

By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. If required, send completed forms to the Denton County Clerk's Office located at 1450 E. McKinney, Suite 1103, Denton, TX 76209-4524.

V. DISCLOSURE OF INTERESTED PARTIES: In compliance with Section 2252.908 of the Texas Government Code, Denton County Commissioners Court may not enter into a contract with a business entity as a result of acceptance or award of this solicitation unless the business entity submits a disclosure of interested parties form as required by this statute. Notification will be given to the business entity recommended for award upon which the business entity will be required to submit the completed form prior to award.

A copy of this law is available at http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm. The on-line form is available at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

The Definitions are included in Chapter 46, Ethics Commission Rules are available online.

W. PROHIBITION OF CONTRACT WITH CERTAIN COMPANIES:

Vendors/Contractors/Providers must be in compliance with the provisions of §2252.152 and §2252.153 of the Texas Government Code, which states in part, contracts with companies engaged in business with Iran, Sudan or Foreign Terrorist Organizations are prohibited. A governmental entity may not enter into a contract with any company listed on the Comptroller of the State of Texas website identified under Section 806.051, 807.051 or Section 2252.153, which do business with Iran, Sudan or any Foreign Terrorist Organization. By submitting a signed response to this solicitation, contractor verified to Denton County that it is not on any such list.

Pursuant to Texas Government Code Chapter 2274, Contractor verifies the following: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm discriminate during the term of the contract against a firearm entity or firearm trade association.

X. CHAPTER 2271 VERIFICATION: Denton County is legally prohibited from contracting for goods and services unless the contract contains written verification from the contractor that it does not and will not during the term of the contract boycott Israel as described in Texas Government Code §808.001(1). By submitting a response to this solicitation, the bidder is affirming compliance with Chapter 2271 of the Texas Government Code.

Y. SUBMITTALS: Bidder shall submit bid table, references, vendor acknowledgement and any other required documents.

Z. DEBARMENT: Contractor certifies that at the time of submission of its bid, Contractor was not on the federal government’s list of suspended, ineligible or debarred contractors and that Contractor has not been placed on this list between the time of its bid submission and the time of execution of the Contract. If Contractor is placed on this list during the term of the Contract, Contractor shall notify the Denton County Director of Purchasing. False certification or failure to notify may result in termination of the Contract for default. During activations, the Purchasing Department or the Office of Emergency Management will verify good standing on SAM.gov.

AA. INDEMNITY: Successful bidder shall defend, indemnify and save harmless from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bidder award. Successful bidder shall pay any judgment with costs that may be obtained against County of Good Public Servants growing out of such injury or damages.

BB. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CONTRACTING:

1. The goal of Denton County is to ensure all HUBs, as described in the Texas Government Code, Title 10 Subtitle D, Chapter 2161, have maximum opportunities to participate in the County’s procurement in awarding of contracts and subcontracts.

2. Denton County will make a good faith effort to increase contract awards for the purchase of goods or services from the HUBs. HUB vendors are encouraged to participate in the county’s purchasing and bidding process. While the County is oriented to adhere to good faith efforts, nothing in this effort shall be construed to establish set-asides or mandatory quotas.

3. The County and all prime contractors (if subcontracts are to be let) will take the affirmative steps listed below:

a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.

b. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources.

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business.

d. Establish delivery schedules, where the requirements permit, which encourage participation by small and minority business, and women’s business enterprises.

e. Using the services and assistance of the Small Business Administration, the Minority Business Development Agency of the Department of Commerce and the Texas Procurement and Support Services (TPASS) Centralized Master Bidders List HUB Directory.

II. SPECIAL CONDITIONS:

A. INFORMATION/QUESTIONS: All questions shall be posted to Denton County’s on-line bidding service, Bonfire at https://dentoncounty.bonfirehub.com by the stated deadline. All questions and answers will be posted online at Denton County Bonfire Portal. Bidders are responsible for ensuring all answers to questions are reviewed prior to bid submittal. Answers provided to posted questions address minor irregularities and are for clarification purposes only and do not revise or modify the specification requirements. Answers to questions that result in revisions to the specifications will be addressed by Addendum. No oral statement of any person shall modify or otherwise change, or affect the specifications.

B. ADDENDA: Addenda are written changes, additions, alterations, corrections or revisions to specifications which change the scope of work. Any addenda issued during the time allowed for the preparation of bids shall be covered in the bid and, in executing the contract; they shall become a part thereof. Failure of a Bidder to receive any addendum shall not release the Bidder from any obligations under his bid, provided said addendum was posted and distributed through Denton County’s internet portal, https://dentoncounty.bonfirehub.com . Bidders are responsible for ensuring all addendums are reviewed prior to bid submittal. All addenda can be reviewed at Denton County Bonfire Portal.

C. CONE OF SILENCE: To ensure the integrity of the procurement process, a Cone of Silence is hereby imposed on this solicitation beginning with the advertisement date and ending upon the award recommendation being posted or the solicitation being canceled. The Cone of Silence prohibits any communication regarding this solicitation between:

https://dentoncounty.bonfirehub.com/ https://dentoncounty.bonfirehub.com/portal https://dentoncounty.bonfirehub.com/portal https://dentoncounty.bonfirehub.com/ https://dentoncounty.bonfirehub.com/portal

1. Any potential bidder, vendor, service provider, respondent, or representative thereof, and

2. Any member of the County staff, evaluation committee, elected official, or any other person authorized to make or influence a procurement decision.

All questions and communication regarding this solicitation must be submitted through the Denton County Bonfire Portal. Any violation of this policy may be grounds for disqualification of the bidder from consideration for award.

Exceptions to this Cone of Silence include:

1. Communications at the pre-bid or pre-proposal conference;

2. Formal presentations/interviews scheduled by the Purchasing Department;

3. Contract negotiations as authorized by the Purchasing Department;

4. Communication with the Purchasing Department as expressly permitted by the solicitation documents.

Violation of this section by a respondent or any representative may result in rejection of the bid, proposal, or response.

D. DELIVERY: Delivery will be FOB any point in Denton County, Texas. All delivery charges, (i.e., packing, inside delivery, complete installation, fuel surcharges), are to be included in the bid price.

E. TERM: The contract will be in effect from date of award through May 31, 2027 with an option to renew for four (4) additional one (1)-year terms at the discretion of the Denton County Commissioners Court. Prices must remain firm during contract period.

F. "OR EQUAL": Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term "or equal" if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design and efficiency. In the event that any equivalent version is proposed, prospective bidders are herewith advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the bid for further consideration. If bidding on other than model or type or design referenced, bidder must be prepared to make proposed equipment available in a convenient location for inspection, and/or demonstrate the merits of the item by means acceptable to Denton County within ten (10) days after a written request is submitted by Denton County to the bidder, so the equipment can be adequately evaluated. Failure to comply with this requirement shall be considered just cause for rejection of a bid from further consideration. Final determination of equivalency will be determined by Denton County.

https://dentoncounty.bonfirehub.com/portal

G. TRANSPORTATION: Location is an important factor in evaluation of bids, due to transportation costs which must be taken into consideration if product is to be picked up at vendor location by Denton County. Mileage to be based on most current published Texas Railroad Commission Maps. Denton County reserves the right to evaluate bids based on estimated County transportation costs of $0.10/ton/mile.

H. DESCRIPTIVE LITERATURE: Bidders should submit with their bid the latest printed literature and detailed specifications on equipment the bidder proposes to furnish.

I. OSHA: The successful bidder must comply with U.S. Depart of Labor Occupational Safety and Health Hazard Communication 1910.1200 in using chemicals, provide necessary material data sheet(s) for chemical(s) used, and meet all requirements of the labor laws.

J. ASSEMBLY: The unit shall be completely assembled, adjusted, and all equipment including standard and supplemental equipment be installed and unit made ready for continuous operation.

K. QUANTITIES: Quantities indicated are estimates based on the best available information and do not constitute an order. Emergency activations may dramatically increase quantities. Orders will be placed on an as-needed basis. Compensation paid to the awarded bidder will be based on actual quantity purchased.

L. PRICE REDETERMINATION: A price redetermination may be considered by Denton County only at the anniversary date of the contract. The price redetermination shall be substantiated in writing and shall not exceed the increase in the Consumer Price Index (CPI) as published by the United States Department of Labor, Bureau of Labor and Statistics, for data representing the most current 12-month period at the time of consideration.

M. PRICE REDUCTION: If during the life of the contract, the vendor’s net prices to Denton County for the same product(s) and/or services shall be reduced below the contract price, it is understood and agreed that Denton County shall receive such reduced price.

The Consumer Price Index (CPI) for this contract shall be Series CUSR0000SEAM.

Denton County reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the County. Denton County may request a price decrease if there is a downward trend in the PPI. Price changes may be allowed at the time if renewal but shall remain firm for the entire redetermination period.

N. COOPERATIVE PURCHASING: Governmental entities utilizing inter-governmental contracts with Denton County will be eligible, but not obligated, to purchase necessary materials and supplies under the contract(s) awarded as a result of this solicitation. FOB Destination prices will apply only to delivery points specified in these documents. Delivery to other FOB points may include applicable freight charges. Any additional incremental costs for delivery must be clearly stated in quotes to participating entities before order is placed. All purchases by governmental entities other than Denton County will be billed directly to that governmental entity and paid by that governmental entity. Denton County will not be responsible for another governmental entity's debts. Each governmental entity will order their own material as needed. The quantities furnished in this bid document are for Denton County only. It does not include quantities for any other governmental jurisdiction.

O. INSURANCE: Before commencing work, the successful bidder shall be required, at his own expense, to furnish the Denton County Director of Purchasing within ten

(10) days of notification of award with evidence showing the following insurance coverage to be in force throughout the term of the contract:

1. Worker's Compensation in accordance with State Territorial Worker's Compensation Laws and Employer's Liability Insurance.

2. Public Liability and property damage insurance coverage including, but not limited to, the liability assumed in the indemnification provisions (as specified in this Bid) fully insuring contractor's and/or subcontractor's liability for injury to, or death of, County employees and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a minimum combined coverage for each occurrence of $500,000.00

3. Comprehensive automobile and truck liability insurance to include coverage of owned, hired, and non-owned vehicles with minimum limits of $300,000.00 each occurrence for bodily injury and $100,000.00 each occurrence for property damage. Such insurance is to include coverage for loading and unloading hazards.

Each insurance policy to be furnished by successful bidder shall include, by endorsement to the policy, a statement that a policy, a statement that a notice shall be given to Denton County by certified mail thirty (30) days prior to cancellation or upon any material change in coverage.

III. FEMA REQUIREMENTS

This procurement is subject to federal funding and is subject to all applicable federal laws, regulations, and executive orders, including but not limited to 2 CFR Part 200, Appendix II to Part 200, and FEMA requirements. The vendor shall be responsible for maintaining all delivery and service records consistent with FEMA documentation standards when incidents or activations occur. The following provisions apply to this contract:

A. Equal Employment Opportunity (41 CFR Part 60): The contractor will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must comply with Executive Order 11246 and all relevant regulations of the Secretary of Labor.

B. Davis-Bacon Act (for construction contracts over $2,000): If applicable, the contractor must comply with the Davis-Bacon Act (40 U.S.C. 3141–3148), including payment of prevailing wages, submission of certified payrolls, and compliance with labor standards.

C. Copeland “Anti-Kickback” Act: The contractor and all subcontractors must comply with the Copeland Act (40 U.S.C. 3145), which prohibits inducing an employee to give up any part of the compensation to which they are entitled.

D. Contract Work Hours and Safety Standards Act (for contracts over $100,000):

Contractor must comply with 40 U.S.C. 3701–3708. This includes paying workers one and a half times their regular pay for overtime and ensuring safe working conditions.

E. Clean Air Act and Federal Water Pollution Control Act (for contracts over $150,000) Contractor must comply with:

- Clean Air Act (42 U.S.C. 7401–7671q)

- Federal Water Pollution Control Act (33 U.S.C. 1251–1387)

F. Debarment and Suspension (2 CFR 180 and 2 CFR 3000): This contract is a covered transaction. The contractor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, or declared ineligible for federal funding.

G. Byrd Anti-Lobbying Amendment (for contracts over $100,000): Contractor must submit a signed certification that no federal funds have been used to lobby. If lobbying occurred, the contractor must disclose it using Standard Form-LLL.

H. Procurement of Recovered Materials: Contractor must comply with Section 6002 of the Solid Waste Disposal Act, using products with recycled content where applicable.

I. Access to Records: The contractor agrees to provide FEMA, the Comptroller General, and the recipient access to any records for audit, examination, or duplication.

J. Changes: Any change in the contract scope or price must be in writing and agreed to by both parties.

K. Termination for Cause and Convenience: The awarding agency may terminate this contract for cause or convenience in accordance with 2 CFR § 200.340.

L. Remedies: In case of breach of contract by the contractor, the awarding agency shall have all remedies available in law or equity, including suspension or termination.

M. John S. McCain National Defense Authorization Act: This law prohibits recipients, sub-recipients, and their contractors from using federal funds to procure or contract services for certain specified telecommunications and video surveillance equipment—typically manufactured by vendors such as Huawei or ZTE—deemed to pose national security risks.

N. Domestic Preferences for Procurements: The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

1. Applicability: For procurements made under grant awards or declarations issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements. Programs receiving federal financial assistance for infrastructure projects may also be subject to the Build America, Buy America Act preferences set forth in 2 C.F.R. Part 184.

2. The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

O. Build America, By America Act: The Build America, Buy America Act (BABAA) requires all federal agencies, including FEMA, to ensure that no federal financial assistance for “infrastructure” projects is provided unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.

1. Applicability: The BABAA domestic preference requirements are applicable to infrastructure projects funded under subject FEMA financial assistance program awards issued on or after Jan. 2, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated on or after Jan. 2, 2023. The BABAA contract provision and self-certification are required for contracts and subcontracts for infrastructure projects that are subject to the BABAA requirements unless the requirement is waived. For additional information on types of BABAA waivers, please refer to FEMA’s website at https://www.fema.gov/grants/policy-guidance/buy-america

2. Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to (insert name of recipient/subrecipient) with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA.

Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52.

Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal agency; subrecipients will forward disclosures to the pass-through entity, who will, in turn, forward the disclosures to FEMA.”

3. Required Self-Certification: For FEMA financial assistance programs subject to BABAA, contractors and subcontractors must sign and submit the following certification to the next tier (e.g., subcontractors submit to the contractor; contractors submit to the recipient or subrecipient) for each bid or offer for an infrastructure project that has not been waived by a BABAA waiver:

“The undersigned certifies, to the best of their knowledge and belief, that:

The Build America, Buy America Act (BABAA) requires that no federal financial assistance for “infrastructure” projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” Section 70914 of Public Law No.

117-58, §§ 70901-52.

The undersigned certifies that for the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including:

a) All iron and steel used in the project are produced in the United States.

This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

https://www.fema.gov/grants/policy-guidance/buy-america

b) All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

c) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

P. Rights to Inventions Made Under a Contract or Agreement: This contract provision outlines the rules governing the ownership of inventions created using federal funds. If the FEMA award meets the definition of funding agreement32 and the recipient or subrecipient enters any contract with a small business firm or nonprofit organization involving substitution of parties, assignment, or performance of experimental, developmental, or research work under that funding agreement, then the recipient or subrecipient must comply with the requirements of 37 C.F.R. Part 401 and any implementing regulations issued by FEMA.

1. Applicability: This provision does not apply to all FEMA financial assistance programs. Recipients and subrecipients should refer to applicable NOFO or other program guidance or contact their applicable FEMA grant representative to determine if this provision is required for the procurement.

However, the Rights to Inventions Made Under a Contract or Agreement clause is not required for procurements under FEMA’s PA Program.

2. Key Definitions-Funding Agreements: The regulation at 37 C.F.R. § 401.2(a) defines funding agreement as “any contract, grant, or cooperative agreement entered into between any federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.”

Q. Program Fraud and False Statements Act: Recipients and subrecipients must comply with the requirements of the False Claims Act, which prohibits submitting false or fraudulent claims for payment to the Federal Government. Contractors working under an agreement with a recipient or subrecipient must acknowledge that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to their actions under this contract.

The Contractor acknowledges that 31 U.S.C. Chap. 38 applies to its actions pertaining to this contract and certifies that all logs, service tickets, manifests, and other supporting documentation submitted to the County are true, accurate, and complete.

R. DHS Seal, Logo, and Flags: All recipients and subrecipients and their contractors and subcontractors must obtain permission before using the DHS seal(s), logos, crests, reproductions of flags, or likenesses of DHS agency officials.

IV. SPECIFICATIONS/MINIMUM REQUIREMENTS:

A. The purpose of this contract is to establish the requirements, scope, and responsibilities for providing street barricade services on and around disaster debris routes, hazardous areas, mass-causality scene control, special events, etc. The selected contractor will be responsible for supplying, delivering, setting up, maintaining, and removing barricades in designated locations as required.

All bid unit prices shall be all-inclusive and shall incorporate any and all costs associated with the provision of the services and items described in this specification. No additional fees, surcharges, or compensation shall be allowed unless expressly stated in the contract. The contractor shall provide street barricade services, including but not limited to the following:

1. Equipment & Services:

• Supply and delivery of barricades compliant with all applicable safety and regulatory standards.

• Proper placement and setup of barricades to ensure public and workers’ safety.

• Routine inspection and maintenance of barricades during deployment.

• Timely removal of barricades upon completion of the designated event, construction, or emergency situation.

• Adherence to all local, state, and federal regulations regarding traffic control and barricade placement.

2. Performance Requirements:

• Barricades must be in good condition, meeting MUTCD (Manual on

Uniform Traffic Control Devices) and DOT (Department of Transportation) standards.

• Setup must be completed within one (1) hour from arrival on site, ensuring minimal disruption to traffic and pedestrians. unless unforeseen site conditions or hazards prevent timely completion.

• The contractor must provide personnel trained in traffic control measures and barricade installation.

• Emergency response services must be available for urgent barricade placement or removal needs.

3. Barricade Type Needs:

• Type I, II, III Barricades (Traffic)

• A-Frame Barricades (Traffic)

• Bollards (Traffic)

• Pedestrian (Crowd)

• Water-Filled (Crowd)

• Cone Bars (Crowd)

• Vertical Panel (Crowd)

4. Deliverables:

• Delivery and setup of barricades as scheduled.

• Routine maintenance and inspection reports.

• Compliance documentation for regulatory standards.

• Final removal and site cleanup after barricade use.

5. Schedule and Timeline:

• The contractor will receive notification at least 1-2 weeks in advance for planned events.

• Emergency barricade services must be available within 1-2 hours of notification. For unincorporated or hard-to-reach areas, a maximum response time of up to 3 hours is allowable, pending road conditions or other unforeseen hazards.

• Barricade removal shall occur within 12–24 hours following project or event completion.

6. Client Responsibilities:

• Provide the contractor with the necessary site maps, schedules, and placement requirements.

• Ensure coordination with local authorities for permits and approvals.

7. Contractor Responsibilities:

• Furnish all required barricades, equipment, and labor.

• Maintain compliance with all safety regulations.

• Ensure timely and proper installation, maintenance, and removal of barricades.

8. Compliance and Safety:

• The contractor must comply with OSHA, DOT, and local traffic safety regulations.

• All barricades must be properly labeled, illuminated (if required), and in compliance with night-time visibility requirements.

9. Force Majeure & Dispute Resolution:

In the event of unforeseen circumstances such as natural disasters, government shutdowns, or supply chain disruptions, the Contractor shall notify the Contracting Authority immediately.

10. Point of Contact & Communication:

• The Contractor shall designate a primary point of contact available 24/7 during deployment operations.

• All communications shall be documented via email or written log.

11. Recordkeeping & Audit:

• The Contractor shall retain all service records, invoices, and supporting documentation for a minimum of 3 years and make them available upon request for audit or FEMA reimbursement.

12. Environmental Protection Measures:

• regulations related to wastewater disposal and waste management.